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TC Ord. No. 1983-120 a TOWN OF AVON ORDINANCE NO. 83-12 Series of 1983 AN ORDINANCE REDEFINING CERTAIN SITUATIONS EXEMPT FROM THE REAL PROPERTY TRANSFER TAX, MODIFYING THE PROCEDURE FOR APPEAL FROM DECISIONS RELATING TO THE REAL PROPERTY TRANSFER TAX, AND PROVIDING PENALTIES FOR THE VIOLATION OF CHAPTER 12 OF TITLE 3 OF THE AVON MUNICIPAL CODE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Title 3, Chapter 12 of the Municipal Code of the Town of Avon shall be amended by the addition of a new subsection, identified as Subsection 3.12.020.F., which subsection shall read as follows: 3.12.020.F. Deed in Lieu of Foreclosure means a conveyance by a property owner to a secured party of property which is the subject of a mortgage, deed of trust or other security instrument, in consideration of the cancellation of the indebtedness secured by such security instrument. Section 2. The introductory clause of Section 3.12.060 of the Municipal code of the Town of Avon shall be amended to read as follows: 3.12.060 Exemptions Unless the method of transfer is contrived for the purpose of evading the real property transfer tax imposed by this Chapter, the real property transfer tax shall not apply to the situations described below: Section 3. Subsection M. of Section 3.12.060 of the Municipal Code of the Town of Avon shall be amended to read as follows: M. Any transfer by deed or conveyance under execution sale or foreclosure sale under a power sale or court decree or lien foreclosure, sheriff's deed, public trustee's deed or treasurer's deed, or any transfer by deed in lieu of foreclosure, provided that transfers encompassed by this section (1) shall be exempt only if the grantee is the person, firm or entity holding the obligation or instrument upon which the proceeding is based or which, in the case of a deed in lieu of foreclosure, is being cancelled in ex- change for the transfer and (2).shall be exempt only to the extent of the obligation to be satisfied at the execution or foreclosure(sale and any obligations to prior lienholders paid from the proceeds of the sale)or in the case of a deed in lieu of foreclosure, to the extent of the instrument cancelled by the transfer. Section 4. Section 3.12.070 of the Municipal code of the Town of Avon shall be amended by the addition of a new subsection, identified as Subsection C, which subsection shall read as follows: 0 6 C. In the event an applicant for an exemption, upon denial of the requested exemption by the Town Manager, desires that the Town Manager consider additional material, the applicant may, within the period otherwise provided for appeal, apply for reconsideration by the Town Manager. In such event, the Town Manager shall issue a decision upon the application for reconsideration only subsequent to the payment by the applicant of such expenses as may have been incurred by the Town as a result of such reconsideration. In the event the applicant fails to make payment of such expenses within seven days of being advised that the Town Manager's decision is available, the Town Manager shall deny such application for reconsideration and the original decision shall stand. In the event of denial of the requested exemption upon reconsideration, the applicant's period for appeal shall begin to run from the date of the Town Manager's final decision. An applicant shall have the right for reconsideration of an application only twice, subsequent to which the decision of the Town Manager shall either be accepted or appealed to the Town Council in accordance with the provisions of this chapter. Section 5. Violation and Penalty A. Any person who fails or refuses to pay any tax due under Chapter 12 of Title 3 of the Municipal Code of the Town of Avon may be punished by a fine not exceeding five hundred dollars or imprisonment for a period of not more than ninety days or both such fine and imprisionment. B. Any remedies provided for herein shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. INTRODUCED, PASSED ON FIRST READING, APPRO POSTED, THIS 22nd day of February and a public hearing on this Ordinance sha regular meeting of the Town Council of the Colorado, on the 8th day of March 7:30 P.M. in the Municipal Building of the Colorado. VED AND ORDERED , 1983 11 e eld at the Town of Avon, , 1983 at Town of Avon, Allan R. ottingham, Mayor Patricia J. Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this 8 day of March , 1983. Sheila R. Davis, Mayor Pro-Tem T: Patricia i Town Clerk 0.3 2/11/83 - 2 - STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, AT 7:30 P.M. ON THE 8TH DAY OF MARCH, 1983-AT THE MUNICIPAL BUILDING, 400 BENCHMARK-ROAD, AVON;-COLORADO.FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE.NO.#83-12, SERIES OF 1983: l AN ORDINANCE REDEFINING CERTAIN SITUATIONS EXEMPT FROM THE REAL PROPERTY TRANSFER TAX, MODIFYING THE PROCEDURE.FOR APPEAL.FROM DECISIONS,RELAT.ING TO-THE-REAL PREPERTY TRANSFER TAX, AND PROVIDING PENALTIES,FOR THE VIOLATION OF CHAPTER 12 OF TITLE 3 OF THE AVON MUNICIPAL CODE. A copy of said Ordinance is attached hereto'and is also on file at--the office of the town clerk and may be inspected during regular business hours: Following this hearing, the Council may consider final passage of this ordinance. This notice given and passed by order of the Town Council of the Town of Avon, Colorado. Dated this 'Z~P_~,I'Lday of February, 1983. TO '_Y P POSTED AT THE FOLLOWING PUBLIC PLACES WITHI FEBRUARY,;- , 1983: THE MAIN ENTRANCE OF THE POST OFFICE, THE MAIN ENTRANCE TO.CITY MARKET, THE PESTER GAS STATION; AND THE MAIN LOBBY IN THE MUNICIPAL BUILDING