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HomeMy WebLinkAbout2024-07PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 07, Series of 2024, First Reading, on the Town of Vail's web site, www.vailgov.com, on the 5t" day of June 2024. Witness my hand and seal this 5t" day of June 2024. SAVX�l 601n� Stephanie Kauffman Town Clerk ORDINANCE NO. 7 SERIES 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 anv real property to protect their property and anv improvements on said property from any and all drainaqe that may flow from anv public property, public roads, riqht of wav, and easements, unless the said private Droperty is damaqed by drainage flows determined to be caused as a result of neqliqence on behalf of the Town, other public entitv, utilitv, 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 emerqencv. (B) Maintenance. Owners of anv real property, includinq buildinqs and vacant land, that qain access from public property, public roads, right of wav or easements are required to repair and maintain, at their sole cost and expense, anv drainage feature, improvement, or facilitv that maintains positive drainage flow awav from buildinqs or property improvements, and/or allows for access onto said real private property. This shall include drainaqe ditches, swales, berms, concrete curbs and curb cuts, concrete pans and qutters, culverts, driveways and anv other features that are required for parkinq 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, reauirinq the default to be remedied within sixtv (60) days, qiven that the sixtv days occur within the reasonable construction window of Mav through October. (D) Lien. If anv Derson fails or refuses to pav anv charge imposed under this section, the 1 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 Manaqer mav, in addition to taking other collection remedies, certify due and unpaid charges to the Eagle Countv Treasurer for collection. § 5-1-14-2 CONSTRUCTION WORK LIGHTING. § 5-1-123 CREATION OF NUISANCE PROHIBITED. § 5-1-1-34 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. 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 18t" day of June, 2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Travis Coggin, Mayor ATTEST: Stephanie Kauffmann, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18t" day of June, 2024. ATTEST: Stephanie Kauffmann, Town Clerk 3 Travis Coggin, Mayor PROOF OF PUBLICATION STATE OF COLORADO ) COUNTY OF EAGLE ) I, Stephanie Kauffman, Town of Vail Town Clerk, do solemnly swear and affirm that I published in full a true and correct copy of Ordinance No. 07, Series of 2024, Second Reading, on the Town of Vail's web site, www.vailqov.com, on the 1911 day of June 2024. Witness my hand and seal this 19t" day of June 2024. SAVX�l 601n� Stephanie Kauffman Town Clerk ORDINANCE NO. 7 SERIES 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 anv real property to protect their property and anv improvements on said property from any and all drainaqe that may flow from anv public property, public roads, riqht of wav, and easements, unless the said private Droperty is damaqed by drainage flows determined to be caused as a result of neqliqence on behalf of the Town, other public entitv, utilitv, 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 emerqencv. (B) Maintenance. Owners of anv real property, includinq buildinqs and vacant land, that qain access from public property, public roads, right of wav or easements are required to repair and maintain, at their sole cost and expense, anv drainage feature, improvement, or facilitv that maintains positive drainage flow awav from buildinqs or property improvements, and/or allows for access onto said real private property. This shall include drainaqe ditches, swales, berms, concrete curbs and curb cuts, concrete pans and qutters, culverts, driveways and anv other features that are required for parkinq 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, reauirinq the default to be remedied within sixtv (60) days, qiven that the sixtv days occur within the reasonable construction window of Mav through October. (D) Lien. If anv Derson fails or refuses to pav anv charge imposed under this section, the 1 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 Manaqer mav, in addition to taking other collection remedies, certify due and unpaid charges to the Eagle Countv Treasurer for collection. § 5-1-14-2 CONSTRUCTION WORK LIGHTING. § 5-1-123 CREATION OF NUISANCE PROHIBITED. § 5-1-1-34 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. 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 18t" day of June, 2024, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Travis Coggin, Mayor ATTEST: Stephanie Kauffmann, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 18t" day of June, 2024. ATTEST: Stephanie Kauffmann, Town Clerk 3 Travis Coggin, Mayor