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TC Ord. No. 2001-05 Repealing and reenacting sections 15.08.090c and 15.08.090d of the Avon Muni Code concerning temporary certs of occupancyORDINANCE NO. 01- 05 SERIES OF 2001 AN ORDINANCE REPEALING AND RE- ENACTING SECTIONS 15.08.090 C and 15.08.090 D OF THE AVON MUNICIPAL CODE CONCERNING TEMPORARY CERTIFICATES OF OCCUPANCY NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that Sections 15.08.090 C and 15.08.090 D of the Avon Municipal Code are repealed and re-enacted to provide as follows: 15.08.090 C. Section 109.1.2 Cleanup, Landscaping and General Construction Deposit. A Cleanup, Landscaping and General Construction Deposit ("Deposit") is designed to provide security for all conditions contained in the Temporary Certificate of Occupancy ("TCO"). The Deposit shall be paid in cash and shall be paid to the Town of Avon. In lieu of cash, and upon a showing to the Town that adequate security will be provided thereby, the deposit may be by a letter of credit. The letter of credit must be valid for one (1) year and renewable upon the Town's request. The amount of the deposit required shall be based upon a current bid by a reputable contractor, plus 25% of the bid, good for sufficient time to allow completion of the work, or upon some other basis deemed acceptable by the Town. The bid shall be based upon completion of all remaining work indicated on the approved building permit plans, and any subsequent conditions of approval. If the cleanup, landscaping and general construction, as defined in this chapter, is not completed within three (3) months of the date the TCO is issued, the Town may, but shall not be obligated to, complete such cleanup, landscaping, and general construction, the cost of doing so, together with a fee in the amount of twenty percent (20%) of such costs, to be charged to the permit holder and deducted from the cash or other security deposited. If the cost for completion by the Town, plus the fee, exceeds the amount of the deposit, the excess, together with interest at twelve percent 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. 15.08.090 D. Section 109.4.1 Conditions of Temporary Certificate of Occupancy (1) A Temporary Certificate of Occupancy ("TCO") shall be valid for three (3) months. The Chief Building Official may grant one (1) TCO extension for up to three (3) months. Such extension shall be granted in writing. (2) The following shall be completed prior to the issuance of a Temporary Certificate of Occupancy for Commercial or Multi-Family, (A, B, E, F, H, I, M, S and R-1 occupancies): a. The exterior of the building is complete, including painted vents, meters, and light fixtures. b. The interior shell building is complete with all required final inspections approved, including building, fire sprinkler (if required), electrical, plumbing and mechanical smoke detectors, fire alarms and sprinklers. C. Two operative bathrooms on each floor being occupied in other than R occupancies. d. Entrance and other work within the public right of way must be approved. e. All required parking paved and marked. f. All utility tap fees paid. g. Positive drainage away from the building in all directions at 2% for a minimum of 5 feet. h. Where the required cleanup, landscaping, or construction required for a Certificate of Occupancy is not complete, a Temporary Certificate of Occupancy (TCO) may be issued upon submittal and approval of a Cleanup, Landscaping, and Construction Deposit in accordance with Section 15.08.090 C. The surety will be returned to the permittee upon issuance of the Final Certificate of Occupancy. (3) The following shall be completed prior to the issuance of a Temporary Certificate of Occupancy for one and two family dwellings: a. The exterior of the building is complete, including painted vents, meters, and light fixtures. b. The interior shell building is complete with all required final inspections approved, including building, fire sprinkler (if required), electrical, plumbing and mechanical. C. One bathroom operative as per the approved plans. d. Entrance and other work within the public right of way must be approved. e. Positive drainage away from the building in all directions at 2% for a minimum of 5 feet. f. Sufficient roadway access for emergency vehicles and minimum parking requirements must be met. g. All utility tap fees paid. h. Where the required cleanup, paving, landscaping, or construction required for a Certificate of Occupancy is not complete, a Temporary Certificate of Occupancy (TCO) may be issued upon submittal and approval of a Cleanup, 2 Landscaping, and Construction Deposit in accordance with Section 15.08.090 C. The surety will be returned to the permittee upon issuance of the Final Certificate of Occupancy. INTRODUCED, APPROVED ON FIRST READING, AND ORDERED PUBLISHED IN FULL AND POSTED, this 24 day of July , 2001, 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 14 day of August , 2001, at 5: 30 p m. in the Municipal Building of the Town of Avon, Colorado. TOWN OF AVON, COLORADO: or ATTES' INTRODUCED, APPROVED ORDERED PUBLISHED AND POSTED this ON SECOND READING, AND __,A day of August , 2001. APPROVED AS TO FORM: Town Attorney TOWN OF AVON, COLORADO: N6~or Town 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 5:30 P.M. ON THE 14th DAY OF AUGUST 2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO.01-05, SERIES OF 2001: An Ordinance Repealing and Reenacting Sections 15.08.090 C and 15.08.090 D of the Avon Municipal Code Concerning Temporary Certificates of Occupancy 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 30th day of July 2001. OF AVON, COLORADO BY: 'Nash own Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON AUGUST 3, 2001: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY AVON BEAVER CREEK TRANSIT BUS STOP AT AVON CENTER AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY Memo To: Honorable Mayor and Town Council Tlhru: Bill Efting, Town Manager From: Norm Wood, Acting Director of Community Development Ruth Borne, Asst. Director Community Development Date . July 19, 2001 Re: Amendment to Temporary Certificate of Occupancy ("TCO") provisions in the Avon Municipal Code, Sections 15.08.090 C and D - Second Reading of Ordinance No. 01-05 Summary: Staff is recommending revisions to the TCO provisions to accomplish clarification of several issues. Currently, the language of the Cleanup, Landscaping and General Construction Deposit ("Deposit") does not clearly explain that all conditions/items (including building requirements) that remain outstanding must have collateral provided. The Deposit has historically been used to provide collateral for landscaping and paving requirements. The proposed Amendment will allow staff to obtain a deposit for all remaining planning, building, engineering and public works related items. In addition, the Amendment will shorten the time between a TCO and a Certificate of Occupancy ("CO"). Staff is recommending three (3) months for all TCOs with one three (3) month extension for a maximum period of six (6) months. The six months is necessary to allow a project, which obtains a TCO in the winter to complete all of the irrigation, landscaping, and paving by spring. The extension may only be issued by the Chief Building Official and must be in writing; there is no automatic extension. Thus, the proposed Amendment will streamline the TCO and Deposit process for the Town and enable staff to consistently enforce the regulations for each construction project. Recommendation: Staff recommends approval of the Second Reading of Ordinance No. 01-05, An Ordinance Repealing and Reenacting Sections 15.08.090 C and D of the Avon Municipal Code Concerning Temporary Certificates of Occupancy. Proposed Motion: I make a motion to approve Ordinance No. 01-05, An Ordinance Repealing and Reenacting Sections 15.08.090 C and D of the Avon Municipal Code Concerning Temporary Certificates of Occupancy. Town Manager Comments: Attachment: Ordinance No. 01-05 Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager~g From: Norm Wood, Acting Director of Community DevelopmentAl Ruth Borne, Asst. Director Community Development/; Date July 19, 2001 Re: Amendment to Temporary Certificate of Occupancy ("TCO") provisions in the Avon Municipal Code, Sections 15.08.090 C and D - First Reading of Ordinance No. 01-05 Summary: Staff is recommending revisions to the TCO provisions to accomplish clarification of several issues. Currently, the language of the Cleanup, Landscaping and General Construction Deposit ("Deposit") does not clearly explain that all conditions/items (including building requirements) that remain outstanding must have collateral provided. The Deposit has historically been used to provide collateral for landscaping and paving requirements. The proposed Amendment will allow staff to obtain a deposit for all remaining planning, building, engineering and public works related items. In addition, the Amendment will shorten the time between a TCO and a Certificate of Occupancy ("CO"). Staff is recommending three (3) months for all TCOs with one three (3) month extension for a maximum period of six (6) months. The six months is necessary to allow a project, which obtains a TCO in the winter to complete all of the irrigation, landscaping, and paving by spring. The extension may only be issued by the Chief Building Official and must be in writing; there is no automatic extension. Thus, the proposed Amendment will streamline the TCO and Deposit process for the Town and enable staff to consistently enforce the regulations for each construction project. Recommendation: Staff recommends approval of the First Reading of Ordinance No. 01-05, An Ordinance Repealing and Reenacting Sections 15.08.090 C and D of the Avon Municipal Code Concerning Temporary Certificates of Occupancy. 0 Proposed Motion: I make a motion to approve Ordinance No. 01-05, An Ordinance Repealing and Reenacting Sections 15.08.090 C and D of the Avon Municipal Code Concerning Temporary Certificates of Occupancy. Town Manager Comments: 'L - -F,~ 0 C bf 1/0 In1Uv~i,~rU . Attachment: Ordinance No. 01-05