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TC Ord. No. 1996-22 Enacting regulations respecting SIOEWAIXSORDINANCE No. 96 - 22 AN ORDIDIANCE ,ENACTING REGULATIONS RESPECTING SIOEWAIXS; PROVIDING FOR THE ASSESSMENT OF THE COST OF THE CONSTRUCTION THEREOF; AND PROVIDING PENALTIES FOR THE VIOLATION HkREOF BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON AS FOLLOWS: Section 1. Amendment. Title 12, Municipal Code of the Town of Avon, is amended by the addition of a Chapter 12.16 as follows: 12.16.010 Repair. All sidewalks, curbs and gutters shall be maintained with an even surface, in good repair and in conformity with the established grade of the streets along which they are constructed. All sidewalks shall be repaired with concrete or other material approved by the Town Engineer-. 12.16.020 Order of Town Manager. The Town Manager, When he deems it necessary that a portion of a sidewalk, curb or gutter be constructed or repaired, may order the same to be done. 12.16.030 Notice to Property Owner of Improvement Order. (a) The Town Manager shall serve notice by certified mail upon the owner of the property adjacent to or abutting the sidewalk, curb or gutter ordered improved to make such construction or repair as ordered within thirty (30) days from the date of certifying the notice for mailing. A thirty -day extension, if requested in writing and if circumstances warrant, may be granted by the Town Manager. Such construction or repair shall conform with plans and specification to be approved by the Town Engineer. (b) The notice shall be as follows: 1 K01 fi'ICE Avon., Colorado (date) (Certified mail - return receipt requested) YOU ARE HEREBY NOTIFIED that the Town Manages of .Avon, Colorado, has directed that construction or repair of sidewalk, curb and gutter has been ordered at the following location: In the event the construction or repair ordered is not undertaken within thirty (30) days from the date hereof, the Town Manager may order it completed under contract and the costs assessed against the owners of the adjacent or abutting property, including-that property owned by you described as The construction of sidewalk, curb and gutter must be pursuant to plans and specifications as provided by the Town Engineer. You are further notified that you may appeal the order of the'Town Manager to the Town Council by serving written notice of appeal on the Town Clerk within ten days of your receipt of this notice_ Town Manager 12.16.040 Failure to Comoly with Notice If any owner of property adjacent to or abutting the sidewalk, curb and gutter ordered improved fails, refuses or neglects to comply with the notice to construct or repair the sidewalk, curb and gutter, the Town Manager shall cause the construction or repair to be done by contract. 12.16.050--Assessment of Costs. (a) The cost of any improvement shall be assessed against the owner of adjacent or abutting property. Where such cost has not been paid within thirty (30) days after completion, notice of completion having been given by certified mail to said owner-, the Town Manager shall certify said assessment to the Eagle County Treasurer, who shall extend the assessment upon the tax roll and collect the same in the same manner as other taxes assessed upon said E property. (b) The notice shall be as EolLowsa NOTICE Avon, Colorado (date) (Certified mail - return receipt requested You are hereby notified that the Town Manager of Avon, Colorado, has caused certain improvements to be constructed at the following location. . You are further notified that the cost of such improvements was $ and that the amount thereof is assessed against the property owned by you described as In the event such costs are not paid within thirty (30) days from the date hereof, the Town Manager shale certify such assessment to the Eagle County Treasurer, who shall extend the assessment upon the tax roll and collect the same in the same manner as other taxes assessed upon said property. You are further notified that you may appeal the amount of such assessment to the Town Council by serving written notice of appeal on the Town Clerk within ten days of your receipt of this notice. Town Manager Section 12.16.060 Inspection. The 'Town Engineer shall cause the inspection of any and all work performed for sidewalk, curb and gutter construction, including preparation of the base, condition and type of forms, etc., to be used, materials to be incorporated in the work, and construction methods and practices. A11 materials and workmanship shall be subject to the approval of the Town Engineer and the Town Engineer shall have authority to stop work until such time as the contractor corrects the situation in question, subject to the final decision of the Town Manager. 3 l2.26.0"70 Appeal. And decision or order of the Town Manager mmade pursuarltt to this Chapter mav he appealed to the linown Council provided written notice of appeal is termed on the Town Clerk within ten days of such decision or order. Such appeal shall be heard and determined within 45 days of the date of the receipt of the notice of appeal. Section 2. Severability. if any part, section, sentence, clause or ph.rase ®f 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 `'own of Avon hereby declares It would have passed this Ordinance and each pjart, section, sub- section., sentence, clause or phrase thereof, irrespective of the fact that any once or more Pasts, sections, sub-sections, sentences, clauses or phrases be declared invalid. ,Section 3. Penalty. It is unlawful for any ' person to violate any provision off, or to fail to comply with any of the requirements of, this Ordinance. Any person who violates any provisions of this Ordinance shall be punished by a fine of not more than one thousa -nd dollars or by. imprisonment for a period of not more than one hundred eighty days or by both such fine and imprisonment; provided, no person Hander the age of eighteen years shall be punished by imprisonment. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED; this 10th day of December , 191 6 and a public hearing on this Ordinance shall bm held at the regular meetin of the Town Council of the 'Town of Avon, Colorado on the 14tth day of January , 1997, at 5:30 P.M. in the Municipal Building of the 'Town of Avon, Colorado. test Patty L , CMC, Town JacK Fawcett C-_"' ot Maycirr INTRODUCED, PXSSED ON SECOND READING, APPROVED AND ORDERED POSTED this 14th day of January 1997. Att Jack Fawcett, Nayor APPROVED AS TO FORM: Patty Lamb t, CMC, Town Clerk TowP Attorney 4 COUNTY OF F-kG E J SS TOM Off' A 1ON Nor-ICE IS HEREBY Ogg OF A PUBLIC HEARING BEFORE TH E TOWN COUNCIL OF TRE TAD 3:j OF AVON , 'COLORADO A T'' 5:30 p . M . ON THE 14TH DAY OF JANUARY, 1997, AT "T KE TOWN M1UUN1'IC3 Pj2k?1, BUILDING FOR 'TKF PURPOSE OF CONSIDERING HE ADOPTION OF OIRDINANCB' jjo� 96 -22 SERIES OF 1996: AN ORDINANCE EXACTING REGULATIONS RESPECTING SIDEWALKS; PROVIDING FOR THE ASSESSMENT OF THE COST OF THE C+I NSTRUiCTION THEREOF; AND PROVIDING PET- AL'TISS FOR THE v>LoI.ATION HEREOF 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 12th day of December, 1996. BY: Patty IA'brt,, Towi' Clem POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON DECEMBER 12, 1996; FAGLEBEND APARTMENTS - CLUBHOUSE LAUNDRY; CITY MARKET IN THE MAIN LOBBY COASTAI, MART, INC.; AND AVON MUNICIPAL BUILDING IN THE THIN LOBBY