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HomeMy WebLinkAbout2023-16PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 16, Series of 2023, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 2nd day of August 2023. Witness my hand and seal this 2nd day of August 2023. Stephanie Bibbens Town Clerk ORDINANCE NO. 16 SERIES 2023 AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE TO CLARIFY THE REQUIREMENTS FOR ISSUANCE OF A BUILDING PERMIT NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-3-9(B) of the Vail Town Code is hereby amended to read as follows: 12-3-9: COMPLIANCE; VIOLATIONS; PENALTIES. (B) Building permit. (1) The Town shall not issue a building permit unless, at the time of application, all of the following are in full compliance with all applicable requirements of this Code: the real property on which construction will occur; the proposed building or structure; and the use of the real property on which construction will occur. (2) The Town shall not issue a building permit if, at the time of application, the applicant owns any other real property within the Town that is not in full compliance with all applicable requirements of this Code. (3) The Town shall not issue a building permit if, at the time of application, the applicant maintains any activity on any property within the Town that is not in full compliance with all applicable requirements of this Code. (4) The Town shall not issue a building permit if the applicant is delinquent in any payments to the Town, including without limitation taxes, fines and penalties. (5) For purposes of this Section, if the applicant is a corporation, company, trust or similar entity, "applicant" includes any of its members, directors, trustees or principals who have a possessory interest in the property that is the subject of the application. 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 effect 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. 712512023 HTTPSâś“IVAILCOGOV.SHAREPOINT.COM/SITES/TOVF/LESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIUORDINANCES/23/ORDINANCE NO. 16, SERIES OF 2023/ORDINANCE NO. 16 - 0072123.DOCX Section 3. The 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 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this day of , 2023 and a public hearing for second reading of this Ordinance set for the day of , 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this day of , 2023. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk 2 712512023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVF/LESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIUORDINANCES/23/ORDINANCE NO. 16, SERIES OF 2023/ORDINANCE NO. 16 - 0072123.DOCX PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Bibbens, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 16, Series of 2023, Second Reading, on the Town of Vail's web site, www.vailqov.com, on the 16t" day of August 2023. Witness my hand and seal this 16t" day of August 2023. Stephanie Bibbens Town Clerk ORDINANCE NO. 16 SERIES 2023 AN ORDINANCE AMENDING TITLE 12 OF THE VAIL TOWN CODE TO CLARIFY THE REQUIREMENTS FOR ISSUANCE OF A BUILDING PERMIT NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-3-9(B) of the Vail Town Code is hereby amended to read as follows: 12-3-9: COMPLIANCE; VIOLATIONS; PENALTIES. (B) Building permit. (1) The Town shall not issue a building permit unless, at the time of application, all of the following are in full compliance with all applicable requirements of this Code: the real property on which construction will occur; the proposed building or structure; and the use of the real property on which construction will occur. (2) The Town shall not issue a building permit if, at the time of application, the applicant owns any other real property within the Town that is not in full compliance with all applicable requirements of this Code. (3) The Town shall not issue a building permit if, at the time of application, the applicant maintains any activity on any property within the Town that is not in full compliance with all applicable requirements of this Code. (4) The Town shall not issue a building permit if the applicant is delinquent in any payments to the Town, including without limitation taxes, fines and penalties. (5) For purposes of this Section, if the applicant is a corporation, company, trust or similar entity, "applicant" includes any of its members, directors, trustees or principals who have a possessory interest in the property that is the subject of the application. 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 effect 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. 712512023 HTTPSâś“IVAILCOGOV.SHAREPOINT.COM/SITES/TOVF/LESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIUORDINANCES/23/ORDINANCE NO. 16, SERIES OF 2023/ORDINANCE NO. 16 - 0072123.DOCX Section 3. The 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 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 1st day of August, 2023 and a public hearing for second reading of this Ordinance set for the 16th day of August, 2023, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Kim Langmaid, Mayor ATTEST: Stephanie Bibbens, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 15th day of August, 2023. ATTEST: Stephanie Bibbens, Town Clerk 2 Kim Langmaid, Mayor 712512023 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVF/LESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIUORDINANCES/23/ORDINANCE NO. 16, SERIES OF 2023/ORDINANCE NO. 16 - 0072123.DOCX