TC Ord. No. 1986-18ORDINANCE NO. 86 18
AN ORDINANCE DEFINING "ABANDONED BUILDINGS";
DECLARING ABANDONED BUILDINGS TO BE A NUISANCE;
AND PROVIDING FOR THE ABATEMENT THEREOF.
WHEREAS, the town council finds and determines
that the existence of abandoned buildings constitutes a
danger to the public health, safety, comfort and welfare in
that such conditions lead to unsightliness, blight, fire
hazards, infestation, decreasing values to surrounding
properties, and vandalism, and that such abuses of property
entitle this council to exercise its police powers to
protect the health, safety, comfort and welfare of the town;
AND WHEREAS the following regulations provide for
the orderly abatement and disposition of abandoned buildings
which are determined, in accordance with the provisions
contained herein, to constitute a public nuisance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO:
Section 1. Amendment. Title 8 of the Munici-
pal Code of the Town of Avon is amended by the addition of a
Chapter 8.30 as follows:
8.30.010 Definitions.
A. "Abandoned building" means a building which
the owner or lessee thereof has not occupied, for
at least six consecutive months. Without limiting
the generality of the foregoing, any building for
which the building permit has expired and for
which no certificate of occupancy has been issued
shall be presumed to be abandoned.
B. "Building" means any above-ground improvement
or structure, finished or unfinished, which is
designed, built or adapted for use to be occupied
for residential or commercial purposes.
C. "Building official" means the person charged
with the administration and enforcement of Chapter
15.04, Title 15, Municipal Code of the Town of
Avon.
8.30.020 Abatement of Nuisance Authorized.
A. Any abandoned building is hereby declared to
be a public nuisance.
B. Upon discovery of facts that there exist
conditions constituting a public nuisance the
building official is hereby authorized to immedi-
ately commence proceedings to cause the abatement
of such public nuisance in the manner herein
prescribed.
C. Abatement may be accomplished either by
1. Re-occupation by the owner, or any
tenant, lessee or other party entitled to
possession after a determination by the
building official that the building complies
with all applicable requirements of the
Municipal Code;
2. Demolition and removal of the building
and filling of all excavations in compliance
with all applicable requirements of the
Municipal Code; or
3. In the case of any building for which no
final certificate of occupancy was issued,
completion of the building in compliance with
all applicable requirements of the Municipal
Code and issuance of a certificate of occu-
pancy.
8.30.030 Abatement Procedure. Upon discovery of
conditions constituting a public nuisance, the
building official shall give notice to cause
abatement. Notification shall be personally
served or sent by certified mail to all persons,
firms, corporations and other entities which the
records of Eagle County disclose claim an interest
in the building. The notification shall be in the
following form:
NOTICE OF VIOLATION
DECLARATION OF VIOLATION OF CHAPTER 8.30 OF
MUNICIPAL CODE RELATING TO THE ABANDONMENT OF A
BUILDING.
NOTICE IS HEREBY GIVEN that as of the
day of , 19 , the Town of Avon, has
found and determined that conditions exist on the
real property described as:
which constitute a public nuisance and a violation
of the provisions of Chapter 8.30, of the Avon
Municipal Code, in that the building on said real
property is abandoned, as defined in Section
8.30.010 (a).
That failure to abate the nuisance by re-
occupation, demolition or completion of the
building, according to the provisions of Section
8.30.020 of the Municipal Code within sixty (60)
days from the date of delivery of this Notice, or
within such additional time as may for good cause
be permitted by the building official, shall
result in the commencement of enforcement pro-
ceedings for the abatement of said public nuisance
pursuant to the provisions of Chapter 8.30
That if any completion, demolition,
dismantling, moving, removal, additions to, or
restoration or repair of any buildings, or re-
occupancy of the premises is to be accomplished,
or if any excavation of earth is to be performed
by persons or entities affected by this Notice,
other than town officials, agents or employees,
appropriate permits must be obtained prior to the
commencement of any such work.
NOTICE IS FURTHER HEREBY GIVEN that any
person affected by this Notice may appeal the
determination of the building official to the town
council by giving written notice of such appeal to
the Town Clerk of the Town of Avon, P. 0. Box 975,
Avon, Colorado 81620, within ten days of receipt
of this Notice.
8.30.040 Effect of Voluntary Abatement. If the
public nuisance is abated by the owner of any
building which is in a condition of abandonment
within the sixty (60) day period allowed in the
Notice of Violation, the building official shall
cease further abatement proceedings.
8.30.050 Abatement Hearing; Town Action; Lien.
A. Further abatement proceedings shall be pursued
by the Town when the Notice of Violation as
provided in Section 8.30.030 has been served and
abatement of the public nuisance has not been
accomplished within the sixty (60) day period.
However, if abatement of the public nuisance has
been commenced within the sixty (60) day period,
the building official may grant a single extension
of time for sixty (60) days for good cause shown,
such as delays beyond the control of the affected
party or parties.
B. In the event the owner of an abandoned build-
ing fails to abate the public nuisance within the
time allowed, the building official shall cause
the nuisance to be abated, and the cost thereof
shall be assessed against the property as a lien.
Section 2. Severability. If any part, section,
sentence, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect
the validity of the remaining portions of this Ordinance;
and the Town Council for the Town of Avon hereby declares it
would have passed this Ordinance and each part, section,
sub-section, sentence, clause or phrase thereof,
irrespective of the fact that any one or more parts,
sections, sub-sections, sentences, clauses or phrases be
declared invalid.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, THIS 12th day of August , 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 26th day of August , 1986 at
7:30 P.M. in the Municipal Building of the Town of Avon,
Colorado.
ILI,
C-V
Allan R. Notting] m`, Mayor
A TRST:
71
Barbara R. Joseph,
Deputy Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED this 26th day of August , 1986.
"I P<'A41~111A
Allan R. Nottingha , Mayor
atricia J. oyle '
own Clerk
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
26TH DAY OF AUGUST, 1986 AT THE TOWN HALL FOR THE PURPOSE
OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 86-18,
SERIES OF 1986:
AN ORDINANCE DEFINING "ABANDONED BUILDINGS"; DECLARING
ABANDONED BUILDINGS TO BE A NUISANCE; AND PROVIDING FOR
THE ABATEMENT THEREOF
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 published by order of the Town Council
of the Town of Avon.
Dated this 13th day of August, 1986.
AVON, COLORADO
atricia J. Qt),y(16, own ler
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON AUGUST 13, 1986:
THE MAIN ENTRANCE TO THE POST OFFICE
THE MAIN ENTRANCE TO CITY MARKET
THE PESTER GAS STATION; AND
THE MAIN ENTRANCE TO THE MUNICIPAL BUILDING LOBBY