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HomeMy WebLinkAbout1995-15 Correcting Ordinance No. 1, Series 1995 which Amended Chapter 17.26 - Condominium Conversions of the Vail Municipal Code~ ~ ORDINANCE NO. 75 SERIES OF 1996 AN ORDINANCE CORRECTfNG ORDINANCE NO. 1, SERIES OF 1995 WHICH AMENDED CHAPTER 17.26, CONDOMINIUM CONVERSIONS 01= THE MUNICIPAL CODE OF THE TOWN OF VAIL WHEREAS, on February 7, 1995 Town Council approved on second reading, Ordinance No. 1, Series of 1995 to preclude the conversion of any present lodges or accommodation units to condominiums; and WHEREAS, it was necessary to maintain requirements and restrictions for condominium units previously converted from lodge or accommodation.units which would require the units remain in the short term rental market to be used as temporary accommodations available to the general public; and WHEREAS, it has come to the Town Council's attention that the requirements and restrictions as set forth in Ordinance No. 1, Series of 1995 were different than the restrictions in effect in Section 17.26.075, Condominium Gonversions: and NOW, THEREFORE, Chapter 17.26, Condominium Conversions shall be amended as follows: 1) 17.26A75 Condominium Conversions. There shall not be permitted any conversion of a lodge or accommodation unit within the Town to a condominium. Any accommodation unit within the Town which has been converted to a condominium or has received approval for a conversion prior to the effective date of this ordinance shall comply wi#h the requirements of this section. The requirements contained in this section shall not apply to structures or building which contain two units or less. A. The requirements and restrictions herein contained shall be included in the condominium declaration for the project, and fiked of record with the Eagle County Cferk and Recorder. The condominium units created shalt remain in the short term rental market to be used as temporary accommodations available to the general public. 1. An owner's personal use of his unit shall be restricted to twenty-eight days during the seasonal periods of December 24th through January 1st and February 1st through March 20th. This seasonal period is hereinafter referred to as "high season." "Owner's personal use" shall be defined as owner occupancy of a unit ar nonpaying guest of the owner or taking the unit off the rental market during the seasons! periods referred to herein for any reason other than necessary repairs which cannot 1 Ordinance Na. 15, Series of 1995 be postponed or which make the unit unrentable, Occupancy of a unit by a lodge manager or staff employed by the lodge, however, shall not be restricted by this sectian. 2. A violation of the owner's use restriction by a unit owner shall subject the owner to a daily assessment rate by the condominium association of three times a rate considered to be a reasonable daily rental rate for the unit at the time of the violation, which assessment when paid shall be common elemen#s of the condominiums. All sums assessed against the owner for violation of the owner's personal use restriction and unpaid shall constitute a lien for the benefit of the condominium association on that owner's unit, which lien shall be evidenced by written notice placed of record in the office of the Clerk and Recorder of eagle County, Colorado, and which may be collected by foreclosure, on an owner's condominium unit by the association in like manner as a mortgage or deed of trust on real property. The condominium association's failure to enforce the owner's personal use restriction shall give the Tnwn the right to enforce the restriction by the assessment and the lien provided for hereunder. If the Town enforces the restriction, the Tawn shall receive the funds collected as a result of such enforcement. In the event litigation results from the enforcement of the restriction, as part of its reward to the prevailing party, the court sha11 award such party its court costs together with reasonable attorney's fee incurred.. 3. The Town shall have the right to require from the condominium association an annual report of owner's personal use during the high seasons for all converted condominium units. 4. The converted lodge units shall not be used as permanent residences. For the purposes of this sectian, a person shall be presumed to be a permanent resident if such person has resided in the unit far six consecutive months notwithstanding from time to time during such six month period the person may briefly dwell in other places. . B. Any lodge located within the Town which has converted accommodation units to condominiums shall continue to provide customary lodge facilities and services including a customary marketing program. C. The converted condominium units shall remain available to the general tourist market. If unsold thirty days after recording of the condominium map, the unsold converted 2 Ordinance No. 15, Series of 1945 +~ * ~ condominiums shalt be required to be furnished and made available to the general tourist market within ninety days after the date of recording of the condominium map. This requirement may be met by inclusion of the units of the condominium project at comparable rates, in any local reservation system for the rental of lodge or condominium units in the Town. D. The common areas of any lodge with converted units shall remain common areas and be maintained in a manner consistent with its previous character. Any changes, alterations or renovations made to common areas shall not diminish the size or quality of the common areas. E. Any accommodation units that were utilized to provide housing for employees at any time during the three years previous to the date of the application shall remain as employee units for such duration as may be required by the Planning and Environmental Commission or the Town Council. F. Applicability: Alf conditions set fiorth within this section shall be made binding on the applicant, the applicant's successors, heirs, personal representatives and assigns and shat! govern the property which is the subject of the application for the life of the survivor of the present Town Council plus.twenty-one years. Conversion of accommodation units located within a lodge pursuant, to this section, shall be modified only by the written agreement of the Town Council and the owner ar owners of the units which have been converted into condominiums. The documents creating and governing any accommodation unit which has been converted into a condominium shall be modified by the owners of such units only with the prior written approval of the Town Council. 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 Town 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. 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 of Vail and the inhabitants thereof. 4) The repeat or the repeal and reenactment of any provision of the Municipal Cade ofi the Town of Vail as provided in this ordinance shall no# 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 proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall na# revive any provision or any ordinance previously repeated or superseded unless expressly stated herein. 3 Qrdinance No. t5, Series of 1995 '. ~ - ~ t ~ 5) All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall no# be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, API~ROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of September, 1995,.and a public hearing shall be held on this Ordinance on the 3rd day of October, 1995, at x:39 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. e. E ~ -r Margret A. Osterfoss, Mayor ATTEST: ~GQi2J Lari Aker, Deputy Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBhISHED }~ J ~,~'~P r s,~~ this ~ day of C7r,'~~ Q,r , 1995. r a t A. 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