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TC Ord. No. 1994-14 Amending Chapter 15.08 of the Muni code of the Town of Avon as it relates to penaltiesTOWN OF AVON ORDINANCE NO. 94-14 SERIES OF 1994 AN ORDINANCE AMENDING CHAPTER 15.08 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON as follows: Section 1. Amendment. Section 15.08.110 of Chapter 15.08, Title 15 of the Municipal Code of the Town of Avon is amended to read as follows: 15.08.110 Section 308--Cleanup and landscaping deposit. Section 308 is amended by adding the following: (h) Cleanup and landscaping deposit. 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 showing to the Town that adequate security will be provided thereby, the deposit may be by letter of credit, written commitment of a lending institution that funds have been set aside or a corporate completion bond including written undertaking of the surety to complete the work upon demand of the Town. The amount of the deposit required shall be based upon a current bid by a reputable contractor, good for sufficient time to allow completion 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 the plans approved by the Planning and Zoning Commission and any subsequent conditions of approval. In the case of cleanup and landscaping deposits 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, and 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 the costs, plus the fee, exceed 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 collected 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. If the permit holder fails or refuses to complete the cleanup and landscaping, as defined in this chapter, such failure or refusal shall be a violation hereof, punishable under section 15.08.280 hereof. Section 2. Amendment. Section 15.08.270 of Chapter 15.08, Title 15 of the Municipal Code of the Town of Avon, is amended to read as follows: Section 15.08.270 Violation. The following clause concerning violations is set forth in full and adopted with reference to the Uniform Building Code and Uniform Building Code Standards named in the title of this chapter: It shall be unlawful for any person, firm or corporation to erect, construct, alter, move, demolish, repair, use or occupy any building or structure and building service equipment, or maintain any building or structure in the Town or cause or permit the same to be, contrary to or in violation of any of the provisions of any of the codes or standards named in the title of this ordinance, as amended by this ordinance. Section 3. Amendment. Section 15.08.280 of Chapter 15.08, Title 15 of the Municipal Code of the Town of Avon, is amended to read as follows: 15.08.280 Penalty. Any person, firm or corporation violating any of the provisions of this Title 15 or of the Uniform Building Code or Uniform Building Code Standards named in the title of this chapter shall be deemed guilty of a violation hereof, 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 of any of such provisions 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 one thousand dollars or one hundred eighty days imprisonment, or by both such fine and imprisonment. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 28thday of June , 1994, 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 12thday of July 1994, at 7:30 P.M. in the Municipal Building of 11 the Town of Avon, Colorado. Mayor C/ est: Town Cler INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED this 13th day of July , 1994. ~~'--A~ ST: Town Cler Mayor Pro-Tem APPROVED AS TO FORM: To n Attorney 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 12TH DAY OF JULY, 1994, AT THE TOWN MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 94-14, SERIES OF 1994: AN ORDINANCE AMENDING CHAPTER 15.08 OF THE MUNICIPAL CODE OF THE TOWN OF AVON AS IT RELATES TO PENALTIES FOR THE VIOLATION 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 is given and posted by order of the Town Council of the Town of Avon, Colorado Dated this 29th day of June, 1994. TOWN OF AVON, COLORADO BY: Patty Ney art Town Cler POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON JUNE 29, 1994; AVON POST OFFICE IN THE MAIN LOBBY CITY MARKET IN THE MAIN LOBBY COASTAL MART, INC.; AND AVON MUNICIPAL BUILDING IN THE MAIN LOBBY