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TC Ord. No. 1988-10ORDINANCE NO. 88-10 AN ORDINANCE AMENDING CHAPTER 15.04 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT PERTAINS TO DEPOSITS TO SECURE THE COMPLETION OF CLEANUP AND LANDSCAPING BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. Section 15.04.720 of Chapter 15.04, Title 15 of the Municipal Code of the Town of Avon is amended to read as follows: "15.04.720 Cleanup and Landscaping Deposit. A. No certificate of occupancy shall be issued until cleanup and landscaping, including grading, drainage, paving, lighting and installation of irrigation systems has been completed or payment of a cleanup and landscaping deposit has been made. The deposit shall be paid in cash and shall be paid to the Town. In lieu of cash, and upon a showing to the Town that adequate security will be provided thereby, the deposit may be by letter of credit, written commitment of a lending institu- tion that funds have been set aside or a corporate completion bond including written undertaking of the surety to complete all work upon demand of the Town. The amount of the deposit required shall be based upon a current bid by a reputable contrac- tor, good for a sufficient time to allow com- pletion of the work, or upon some other basis deemed comparable by the Town. The bid shall be based upon completion of all remaining work indicated on plans approved by the planning and zoning commission and any subsequent conditions of approval. B. In the case of cleanup and landscaping depos- its made during the months of May through August, all work covered by the deposit shall be completed within sixty days. In the case of cleanup and landscaping deposits made during the months of September through April, all work covered by the deposit shall be completed by the end of the ensuing June. If the cleanup and landscaping, as defined in this chapter, is not completed by the permit holder to the satisfaction of the Town within the prescribed timeframes, the Town may, but shall not be obligated to, complete such cleanup and landscaping. In the event the Town chooses to complete the landscaping, the cost of doing so, together with a fee in the amount of twenty percent of such costs, shall be charged to the permit holder and deducted from the cash deposited. If such cost, plus the fee, exceeds the amount of the deposit, the excess, together with interest at twelve percent per annum, shall be a lien against the property and may be collect- ed by civil suit or may be certified to the treasurer of Eagle County to be collected in the same manner as delinquent ad valorem taxes levied against such property." ~I INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED j POSTED, THIS 24th day of May , 1988 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 14th day of June , 1988 at 7030 P.M. in the Municipal Building of the Town of Avon, ii Colorado. Al an Notting m, Mayor I INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this 14th day of June , 1988. v~ Allan R U tingha , Mayor TTES P4 ' tricia JV Doyl To Clerk 02051688 - 2 - 0 • 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 14TH DAY OF JUNE, 1988, AT THE TOWN HALL FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 88-10, SERIES OF 1988: AN ORDINANCE AMENDING CHAPTER 15.04 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT PERTAINS TO DEPOSITS TO SECURE THE COMPLETION OF CLEANUP AND LANDSCAPING 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 is given and published by order of the Town Council of the Town of Avon, Colorado. Dated this 24th day of May, 1988. TOW ' OF AVON, COLORADO BY: P tricia J. oyle, T wn Cler POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON MAY 26 , 1988: THE AVON POST OFFICE IN THE MAIN LOBBY THE CITY MARKET IN THE MAIN LOBBY THE PD QUIK STATION; AND THE AVON MUNICIPAL BUILDING IN THE MAIN LOBBY