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TC Ord. No. 1985-31ORDINANCE NO. 85 - 31 AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON TO PROVIDE FOR A CAPITAL IMPROVEMENT FEE; PROVIDING FOR A LIEN ON PROPERTY IN CASES WHERE THE CAPITAL IMPROVEMENT FEE REMAINS UNPAID; PROVIDING FOR A PENALTY FOR THE VIOLATION HEREOF;. AND PROVIDING ADDITIONAL DETAILS IN RELATION THERETO. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO as follows: Section 1. Amendment. Title 3 of the Municipal , Code of Avon is amended by the addition of a Chapter 3.24 as follows: 3.24.010 Definitions. With reference,to this chapter and the interpretation hereof the following terms shall have the meaning specified: A. "Residential unit"-means and.includes any living unit with a ki-tchen.as defined in Section 17.08..355 of'this Code. Examples include residential condominiums, townhouses, apartments, duplexes, tri-plexes, and lock-off apartments. Any unit constructed-by the use,of one or more residential development rights, as defined in section 17.08.585 of this Code; and whether or not fractionalized pursuant to chapter 17.22- of this Code, shall be included within the meaning of this definition. B. "Accommodation unit" means any unit in a primarily commercial establishment used for short term residential purposes and includes any accommodation unit as defined by section 17.08.030 of this Code. Examples include,- but shall not be limited to, rooms in hotels, lodges, and motels. 3.24.020 Imposition of Fee. There is imposed a capital improvement fee on the occupancy of all residential units and accommodation units that currently do not possessa temporary or permanent Certificate of Occupancy. A. Residential Unit. There is imposed on the occupancy of all residential units a capital improvement fee calculated as follows: $500.00 for 1,201 square feet & up $400.00 for 801 to 1,200 square feet $300.00 for 601 to 800 square feet $250.00 for 451 to 600 square feet $175.00 for 0 to 450 square feet B. Accommodation Units. There is imposed a capital improvement fee on the occupancy of all accommodation units comprised of a single room with a bathroom and kitchen of two hundred and fifty dollars per room. There is imposed a capital improvement fee on the occupancy of all accommodation units with rooms with or without a bathroom, but without a kitchen, and with private access to a central corridor or the outside, of one hundred seventy-five dollars per room. C 3.24.030 Imposition of Fee. There is imposed a capital improvement fee on the occupancy of each space which currently does-not-possess a--temporary or--"permanent-Certificate of Occupancy-for.either commercial or industrial purposes calculated as follows: • • AMD Tao Rates Based on Service Line Size Fee 3/4" 30 Gallons Per Minute $900 1" 50 Gallons Per Minute $1,600 1-1h" 100 Gallons Per Minute $3,600 2" 160 Gallons Per Minute $6,500 3" 320 Gallons Per Minute $-14,500 4" 400 Gallons Per Minute $25,500 6" or more 1,000 Gallons Per Minute $57,500 3.24.040 Persons Liable for-Tax. Any owner of any residential unit, fractionalized residential unit, accommodation unit, or commercial/industrial space which is subject to the imposition of the fee described.in Sections 3.24.020 and 3.24:040 is liable for the payment thereof. 3.14.050 Due Dates, Delinquencies,- Penalties, and Interest - Remedies not Exclusive. A. The fee imposed pursuant to this chapter.is due and-payable at the 'time the unit or space has been completed, and is delinquent if unpaid within thirty days thereafter. 'In the event the fee is not paid prior to becoming,delinquent, a delin- quency penalty of ten percent of the amount of fee due shall accrue. In the event a portion of the fee is unpaid prior to becoming delinquent, the penalty shall only accrue as to the portion remaining unpaid. Interest shall accrue at the rate of one percent per month, or a fraction thereof, on the amount of the fee, exclusive of penalties, from the date the fee becomes delinquent to the date of payment. Interest and, penalty accrued shall become part of the fee. B. No certificate of occupancy or temporary certificate of occupancy, as provided for in this code pursuant to sections 15.040.680 and 15.040.690 shall be issued until all capital improvement fees have been paid. C. Any remedies provided for'in this chapter shall be cumulative and not exclusive and shall be in addition to any other remedies as provided by law. 3.14.060 Unpaid Fee to Constitute Lien - Noti- fication - Fee Deemed a Debt. A. The amount of the capital improvement fee imposed by this chapter, and penalty and interest due thereon, is assessed against the property, and if not paid-when due, such-fee,_,penalty and interest, if any, shall constitute a lien on-the property for the amount thereof, which lien shall continue until the amount thereof,is paid or until "its discharge of record by foreclosure or other- wise may be foreclosed said lien upon in the manner provided by law for the foreclosure of mechanics liens. B. If the fee is unpaid and delinquent, the Town Manager shall give written notification to the owner, at his last known address, of said- delinquency. Said notification shall be mailed certified or registered mail, postage prepaid, return receipt requested, and shall be effective on the date of mailing. If the fee, penalty, and interest are not paid within thirty days of the effective date of the notification, the Town Manager shall make the same delinquent on the Town's tax role and shall, at least once each calendar year,,but not sooner than the first day of December; certify such delinquencies, along 9 0 with the interest and penalty to the County Treasurer; and theCounty Treasurer shall extend such delinquencies upon the real property tax rolls of the County and collect same and in the same manner collect the sa:me.in the same manner as general delinquent taxes levied-upon such property. Upon certification of the delinquent fees, the penalties and interest thereon shall also become due and payable. The amount of the capital improvement fee and interest imposed on the provisions of this chapter shall be deemed a debt owed to the Town. Any person owing money to the Town under the provisions of this chapter shall be liable in an action brought in the name of the Town for the recovery of such amount. . Section.2. Effective Date. This ordinance shall be-effective seven days after public notice following final passage but-shall be applicable only to those units or spaces for which no final or temporary certificate of occupancy has been issued on said date. Section 3. Severability. If any part, section, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council for-the Town of Avon hereby declares that it would have passed this ordinance and each part, sec- tion, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases is declared invalid. Section 4*. Penalty for Violation Any person, firm or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a violation of this Ordinance and any such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued or permitted, and upon conviction of any such violation, such person, firm or corporation shall be punished by a fine of not more than $500.00 or by imprisonment for not more than 90 days, or by both such fine and imprisonment. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, THIS 14th day of January, , 1986 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the 28th day of January , 1986 at 7:30 P,M. in the Municipal Building of the Town of Avon, Colorado. d Al an R. ottiagh Mayor ATTE~ , P-, Qn - Patricia J. liciwri 'Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this 28th day of January. , 1986. Allan R. Notting m, Mayor 11 STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) n 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 28TH DAY OF JANUARY, 1986, AT THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO, FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 85-31, SERIES OF 1985: AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE TOWN OF AVON TO PROVIDE FOR A CAPITAL IMPROVEMENT FEE; PROVIDING FOR A LIEN ON PROPERTY IN CASES WHERE THE CAPITAL IMPROVEMENT FEE REMAINS UNPAID; PROVIDING FOR A PENALTY FOR THE VIOLATION HEREOF; AND PROVIDING ADDITIONAL DETAILS IN RELATION THERETO. 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 the Ordinance. This notice given and passed by order of the Town Council of the Town of Avon, Colorado. Dated this 14th day of January , 1986. BY OF,/AVON, C icia J.(~oyle, Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JANUARY 14 . , 1986: THE MAIN ENTRANCE OF THE POST OFFICE rl THE MAIN ENTRANCE TO CITY MARKET THE PESTER GAS STATION; AND THE MUNICIPAL BUILDING IN THE MAIN LOBBY • ~~3-~ C~