HomeMy WebLinkAbout2024-07 An Ordinance Amending Chapter 1 of Title 5 of the Vail Town Code Regarding Private Property Drainage1
ORDINANCE NO. 7
Series of 2024
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 5 OF THE VAIL
TOWN CODE REGARDING PRIVATE PROPERTY DRAINAGE
WHEREAS, the Town Code does not address water runoff from public roads on to
private property nor runoff from private property on to public property; and
WHEREAS, the Town Code does not address the maintenance of driveways and
private drainage facilities within public property; and
WHEREAS, the Town desires to modify the Town Code to address these issues
to be in alignment with many other Colorado communities.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 5-1 of the Vail Town Code is hereby amended as follows:
5-1-11 PRIVATE PROPERTY DRAINAGE.
(A) General.
It is the responsibility of the owner of any real property to protect their property
and any improvements on said property from any and all drainage that may flow
from any public property, public roads, right of way, and easements, unless the
said private property is damaged by drainage flows determined to be caused as a
result of negligence on behalf of the Town, other public entity, utility, or private
property owner.
Improvements necessary to protect the property shall be approved by the Town,
except for temporary measures that are utilized in the event of an emergency.
(B)Maintenance.
Owners of any real property, including buildings and vacant land, that gain
access from public property, public roads, right of way or easements are required
to repair and maintain, at their sole cost and expense, any drainage feature,
improvement, or facility that maintains positive drainage flow away from buildings
or property improvements, and/or allows for access onto said real private
property. This shall include drainage ditches, swales, berms, concrete curbs and
curb cuts, concrete pans and gutters, culverts, driveways and any other features
that are required for parking and/or access onto and for said property.
(C) Abatement for non-compliance.
If the property owner is found to be in default or non-compliance of this
requirement, the Town may notice the owner of such default by certified mail,
requiring the default to be remedied within sixty (60) days, given that the sixty
days occur within the reasonable construction window of May through October.
(D) Lien.
If any person fails or refuses to pay any charge imposed under this section, the
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Town may maintain and/or repair the issue, and the cost of such repair and/or
maintenance shall be assessed upon and made a lien upon the land so benefited.
The Town Manager may, in addition to taking other collection remedies, certify due
and unpaid charges to the Eagle County Treasurer for collection.
§ 5-1-112 CONSTRUCTION WORK LIGHTING.
§ 5-1-123 CREATION OF NUISANCE PROHIBITED.
§ 5-1-134 INVESTIGATION; ABATEMENT NOTICE.
§ 5-1-145 ABATEMENT PROCEDURE.
§ 5-1-156 CIVIL REMEDY NOT PRECLUDED.
§ 5-1-167 VIOLATION; PENALTY.
* * *
Section 2. If any part, section, subsection, 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 Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
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INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of June, 2024 and a
public hearing for second reading of this Ordinance set for the 18th day of
June, 2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Travis Coggin, Mayor
ATTEST:
Stephanie Kauffman, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 18th day of June, 2024.
Travis Coggin, Mayor
ATTEST:
Stephanie Kauffman, Town Clerk