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HomeMy WebLinkAbout1993-18 Amending Portions of Title 17, Subdivisions, and Providing for a Requirement for Proof of Payment of Property Taxes; and Setting Forth Details in Regard Thereto. ~ ORDINANCE NO. 18 SERIES OF 1993 AN ORDINANCE AMENDING PORTIONS OF TITLE 17, SUBDIVISIONS, AND PROVIDING FOR A REQUIREMENT FOR PROOF OF PAYMENT OF PROPERTY TAXES; AND Sc ~ i LNG FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail Subdivision Regulations do not currently require any individual wishing #o subdivide property to provide proof to the Town that all ad valorem taxes, far years prior to that year in which approval is gran#ed, have been paid; and WHEREAS, the Eagle County Treasurer has requested that the Tawn modify its subdivision regulations to provide for a requirement far proof of payment of property taxes; and WHEREAS, the Town Council is of the belief that the provision for the requirement for proof of payment of property taxes is a reasonable requirement for individuals requesting to subdivide property; and WHEREAS, the Tawn of Vail Planning and Environmental Commission has unanimously recommended that the Town's Subdivision Regulations be modified to provide for such language. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO. Section 1 Major Subdlvfslon -Section 17.16.205 - Flling and Recording is hereby repealed and reenacted as follows: Sec#lon 17.16.205 -Filing and Recording The Department of Community Development will record the plat and any related documents with the Eagle County Clerk and Recorder, however, no plat for subdivided land shall be recorded unless prior to the time of recording, the subdivider provides the Town of Vail with a certification from the Eagle County Treasurer's Office indicating that ail ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is 1 Ordinance No. 1B, Series o1 1993 M~ i granted, have been paid. Fees for recording shall be paid by the applicant. The Community Development Department will retain one mylar copy of the plat far their records. Section 2 Minor Subdivision -Section 17.20.050 -Filing and Recording is hereby repealed and reenacted to read as follows: Section 17.20.050 -Filing and Recording The Department of Community Development will record the plat and any related documents with the Eagle County Clerk and Recorder, however, no plat for subdivided land shall be recorded unless prior to the time of recording, the subdivider provides the Town of Vail with a certification from the Eagle County Treasurer's Office indicating that ai! ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid. l=ees for recording shall be paid by the applicant. The Community Development Department will retain one mylar copy of the plat for their records. Section 3 Condominium and Townhouse Plats -Section 17.22.090 - Flling and Recording is hereby repealed and reenacted to read as follows: Section 17.22.090 - Flling and Recording The zoning administrator shall be the final signature required on the plat sa that the Department of Community Development will record the plat and any related documents with the Eagle County Clerk and Recorder, however, no plat for subdivided land shall be recorded unless prior to the time of recording, the subdivider provides the Town of Vail with a certification from the Eagle County Treasurer's Office indica#ing #hat all ad valorem taxes applicable to such subdivided land, for years prior to #hat year in which approval is granted, have been paid. Fees far recording shall be paid by the applicant. The Community Development Department will retain one mylar copy of the plat for their records. 2 Ordinance No. 18, Series of 1993 :.. SBCtIOn 4 Duplex Subdivision -Section 17.24.110 -Fiiing and Recording is hereby repealed and reenacted to read as follows: Section 17.24.110 -Fiiing and Recording The Department of Community Development will record the plat and any related documents with the Eagle County Clerk and Recorder, however, no plat for subdivided land shalk be recorded unless prior to the time ofi recording, the subdivider provides the Town of Vail with a certification from the Eagle County Treasurer's Office indicating that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid. Fees for recording shall be paid by the applicant. The Community Development Department Wilk retain one mylar copy of the plat for their records. Section 5 Singie Family Subdivision -Section 17.25.110 -Fiiing and Recording is hereby repealed and reenac#ed to read as follows: Section 17.25.110 - Filing and Recording The Department of Community Development will record the plat and any related covenants with the Eagle County Clerk and Recorder, however, no plat for subdivided land shall be recorded unless prior to the time of recording, the subdivider provides the Town of Vaik with a certification from the Eagle County Treasurer`s Office indicating that all ad valorem taxes applicable to such subdivided land, for years prior to that year in which approval is granted, have been paid. Fees far recording shall be paid by the applicant. The Community Development Department will retain one mylar copy of the plat for their records. Section 6 Condominlums and Condominium Conversions -Section 17.26 shall be amended by adding Section 17.26.150 -Flling and Recording which shall read as follows: Section 17.25.150 -Flling and Recording The Department of Community Development will record the plat 3 Ordinance No. 18, 5aries of 1993 3• r I ` and any related documents with the eagle County Cterk and Recorder, however, no plat for subdivided land shall be recorded unless prior to the time of recording, the subdivider provides the Town of Vail with a certification from the Eagle County Treasurer`s Office indicating that all ad valorem taxes applicable to such subdivided land, for years prior to. that year in which approval is granted, have been paid. l=ees for recording shall be paid by the applicant. The Community Development Department will retain one mylar copy of the plat for their records. Section 7 Section 17.32 Sample Certificates shall be amended by adding Section 17.32.800 - Certificate of Taxes Pald which shall read as follows: Section 17.32.800 -Certificate of Taxes Paid. Gertlifcate of Taxea Paid E, the undersigned, do hereby certify that the entire amount of taxes due and payable as of upon all parcels of real estate described on this plat are paid in full. I]ated this day of , A.D. t9 Treasurer of Eagle County Section 8 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 Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereo#, regardless of the fact that any one or mere parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 9 The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Section 10 The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which hal; accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the 4 Ordinance No. 18, series of 1993 1 . • • provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 11 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 3rd day of August, 1993, and a public hearing shall be held on this Ordinance on the 17th day of August, 1993, at 7:30 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ~-C ~ C~ - ~ Margare A. Osterfoss, Mayor ATTEST: o~ ~y~ a ~ Cu:~~,(;~~ Holly L. McCutcheon, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by title only this 17th day of August, 1993. ~-~' C~- Margaret A. Osterfoss, Mayor ATTEST: C/t • i 1 f ~ ~ ~~_ Holly L. McCutcheon, Town Clerk C:10g1793,19 J~ Ordinance No. 18. 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