TC Ord. No. 1992-01 Adding a new chapter 2.32 of the Muni code of the Town of Avon relating to residency qualifications of council membersTOWN OF AVON
ORDINANCE NO. 92-1
SERIES OF 1992
AN ORDINANCE ADDING A NEW CHAPTER 2.32 OF THE MUNICIPAL
CODE OF THE TOWN OF AVON, RELATING TO RESIDENCY
QUALIFICATIONS OF COUNCIL MEMBERS
WHEREAS, Section 4.7 of the Charter of the Town of Avon
provides, inter alia, that an elective office becomes vacant
whenever an officer ceases to be a resident of the Town; and
WHEREAS, Section 4.6(c) provides that the Town Council shall
be the judge of the qualifications of its own members; and
WHEREAS, the Council desires to establish criteria with
which to determine its members' residency after being properly
elected or appointed.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON
AS FOLLOWS:
Section 1. A new Chapter 2.32 entitled "DETERMINING
RESIDENCY QUALIFICATIONS OF COUNCIL MEMBERS" of the Avon
Municipal Code is added as follows:
2.32.010. Definitions. For purposes of this Chapter
the following definitions shall apply:
1. Residency. The residence of a person is the
principal or primary home or place of abode of a
person. Principal or primary home or place of abode is
that home or place in which his or her habitation is
fixed and to which a person, whenever he or she is
absent, has the present intention of returning after a
departure or absence therefrom. A person shall not be
considered to have lost his or her residence if he or
she leaves his or her home in the town to go out-of-
town merely for temporary purposes with an intention of
returning. If the person moves out-of-town with the
intention of making it his or her permanent residence,
he or she shall be considered to have lost his or her
residence in the Town of Avon. Residency within the
Town shall be satisfied by ownership or leasehold
interest of real property and contemporaneous use of
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the same as the affected member's primary home or place
of abode.
2. Home or place of abode. A home or place of abode
shall mean a physical location in the Town where a
person can carry on usual residential activities. This
shall include the ownership of a residential
accommodation or a lease of such an accommodation on a
month to month or longer term. However, with the
exception of short term rentals of thirty (30) days or
less, if the affected person does not have a present
right to possession of the premises, then such location
shall not be considered to be a home or place of abode.
2.32.020 boss of Home or Place of Abode. Unless a
councilmember states that he or she has no intent to return to a
home or place of abode in Avon, when a councilmember looses his
or her home or place of abode, as defined herein, in Avon, upon
the expiration of thirty (30) days after the cessation of such
home or place of abode in Avon such councilmember shall be
considered as automatically disqualified as a councilmember for
failure to maintain residency in Avon. However, the Council shall
have the power to continue such councilmember's residency
qualification if the Council determines, either prior to or
within said thirty (30) days, that the affected councilmember
intends to return to a home or place of abode in Avon within the
three (3) months following the loss of a home or place of abode
in Avon. If the affected councilmember does not so acquire a home
or place of abode in Avon within said three (3) months, and does
not use said home or place of abode as his or her primary
residence within said three (3) months, then the affected
councilmember shall be automatically disqualified at the
expiration of said three (3) months unless the Council has made
another determination, within the initial three (3) months, to
extend the period of qualification for another three (3) months.
Qualification shall depend on the evidence of residency as
provided below. The Council's determination shall be made at a
public hearing as described herein.
2.32.030 Automatic Disqualification. The affected
member shall be automatically disqualified as a non-resident if
he or she does not reside within the Town limits for a continuous
period of six months. Said disqualification shall be effective
upon the expiration of said one year period of time.
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2.32.040 Force Majeure. If the loss of a home or place
of abode in Avon is caused by fire or other casualty at the home
or place of abode of the councilmember, then at the sole
discretion of the Council all time periods provided in this
Ordinance may be extended.
2.32.050
member, at the time
the Town, has no in
an abode within the
member is no longer
qualified to sit as
Lack of Intent to
that the person is
tent to return, in
Town, then, as of
a resident of the
a Councilmember.
Return. If the affected
longer residing within
foreseeable future, to
date, the affected
and no longer
no
the
such
Town
2.32.060. Request For Hearing. Any Councilmember may
request of the Council that it consider the residency
qualifications of one of its own members, including the
qualification of the requesting member. If the Council determines
that a legitimate issue exists as to the residency of one of its
members, it shall set a public hearing on the issue with at least
five (5) days advance notice to the member (herein referred to as
"affected member") whose residency qualifications are to be
considered.
2.32.070. Presentation of Evidence. At the public
hearing the affected member, if present, shall remove herself or
himself from the council seat and may present such evidence and
testimony as he or she desires and as requested by members of the
Council on the issue of residency. The affected member shall not
be required to be present at the hearing. All such testimony,
when given in person, shall be given under oath. The Council may
consider letters, petitions, and other evidence that it believes
are relevant. The Council may terminate the presentation of
evidence and bring the hearing to a conclusion at any time and at
its own discretion.
2.32.080. Decision of The Council. Within 30 days after
the conclusion of the hearing, the Council shall render its
decision. However, no delay in making such decision shall extend
the thirty (30) day period of qualification as provided in
Section 2.32.020 above. The decision shall not require any
finding of fact, but findings of fact may be included if the
Council so desires. The decision shall be a determination of the
residency of the affected member as of the date of the hearing.
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2.32.090. Relevant Evidence. The Council may consider
any relevant evidence on residency of the affected member,
including but not limited to the following:
1. Expressed intent of the affected member to return to
a home or place of abode in Avon within six (6) months after
losing same. Although this expressed intent shall be very
important in making the determination of continued residency, it
shall not be the sole criteria;
2. Activities of the affected member in acquiring a
home or place of abode in Avon;
3. Location of current habitation of the affected
member;
4. Length of time the affected member has resided at
the out of town habitation;
5. Ownership (including type, length of time and
whether residential) of real and personal property within the
Town;
6. Mailing address;
7. Business interests in the Town including involvement
of the affected member in the business;
8. Employment in the Town;
9. Income sources;
10. Age;
11. Marital status;
12. Residence of spouse, children or parents;
13. Leaseholds interests both within Town and at
current out-of-town habitation;
14. Voter registration;
15. Motor vehicle and driver's license registration;
16. Participation of the affected member in the
meetings and affairs of the Council and Town;
2.32.100. Current Councilmembers. With regard to the
residency qualifications of all councilmembers sitting on the
Council on the effective date of this ordinance, all time periods
set forth in this Ordinance shall commence as of the effective
date of this Ordinance.
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
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parts, sections, sub-sections, sentences, clauses or phrases be
declared invalid.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED,
this 14th day of January, 1992 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 , 1992 at 7:30 P.M. in the Municipal Building of the
Town of Avon, Colorado.
Attest:
Town Cle k
May r
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED
this 28th day of January , 1992.
Attest:
.yam- - ~
Town Clerk
May r
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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
28TH DAY OF JANUARY, 1992, AT THE TOWN HALL FOR THE PURPOSE
OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 92-1, SERIES OF
1992:
AN ORDINANCE ADDING A NEW CHAPTER 2.32 OF THE MUNICIPAL CODE
OF THE TOWN OF AVON, RELATING TO RESIDENCY QUALIFICATIONS OF
COUNCIL MEMBERS
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 posted by order of the Town Council
of the Town of Avon, Colorado.
Dated this 16th day of January, 1992.
TOWN OF AVON, COLORADO
BY:
Patty Ney art
Town Cler
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON JANUARY 16, 1992:
AVON POST OFFICE IN THE MAIN LOBBY
CITY MARKET IN THE MAIN LOBBY
COASTAL MART, INC.; AND
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY