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HomeMy WebLinkAbout1979-48 To Approve, Adopt, Enact, and to Make Full Force in Effect in the Town of Vail A Supplement to the Vail Municipal Code• r ORDINANCE NO. Series of 1979 AN ORDINANCE TO APPROVE, ADOPT, ENACT AND TO MAKE FULL FORCE IN EFFECT IN THE TOWN OF VAIL, COLORADO, BY REFERENCE THERETO, A SUPPLEMENT TO THE VAIL MUNICIPAL CODE, CONTAINING THE GENERAL AND PERMANENT ORDINANCES SUBSEQUENT TO ORDINANCE N0. 28, SERIES OF 1978, TO AND INCLUDING ORDINANCE NO. 11,, SERIES OF 1979; SETTING THE COST OF THE VAIL MUNICIPAL CODE AND THE 1979 SUPPLEMENT; SPECIFYING THE PENALTY SECTIONS; EFFECTIVE DATE; AND OTHER DETAILS RELATING TO THE FOREGOING WHEREAS, the Colorado General Assembly has provided for the codification of the permanent and general ordinances of the Town of Vail in C.R.S. 31-16-201 through 31-16-208 (1973, as amended); WHEREAS, the Book Publishing Company, Seattle, Washington, has compiled, edited, and published a supplement to the Vail Municipal Code; WHEREAS, the Vail Municipal Code was adopted June 7, 1977, by Ordinance No. 12, Series of 1977, codifying the general and permanent ordinances of the Town of Vail; WHEREAS, this adopting ordinance for the 1979 Supplement to the Vail Municipal Code was introduced on November 6, 1979, and passed on first reading; WHEREAS, notice for a public hearing was twice published in accordance with C.R.S. 31-16-203 (1973, as amended); WHEREAS, said public hearing was held on December 18, 1979; and WHEREAS, there have been filed and there are now on file in the office of the Town Clerk for public inspection, three copies of the 1979 Supplement to the Vail Municipal Code; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: ' Ordinance No. ~~ Page 2 Section 1. Adoption. Pursuant to the provisions of C.R.S. 31-16-201 through 31-16-208 (1973, as amended), there is hereby adopted the 1979 Supplement to the Vail Municipal Code, as published by Book Publishing Company, Seattle, Washington. Section 2. Secondary Codes Adopted by Reference.. There are no secondary codes adopted by this supplement. Section 3. Title - Citation - Reference. This Supplement shall become part of the Vail Municipal Code, and it shall be sufficient to refer to said code in its entirety as the "Vail Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correction, or repealing all or any portion thereof as an addition to, amendment to, correction or repeal of the "Vail Municipal Code". Further reference may be had to the titles, chapters, sections, and sub-sections of the "Vail Municipal Code" and such reference shall apply to that number, title, chapter, section or sub-section as it appears in the Code. Section 4. Ordinances Codified by Supplement. The general and permanent ordinances of the Town subsequent to Ordinance No. 28, Series of 1978, to and including Ordinance No. 11, Series of 1979, are hereby included as part of the "Vail Municipal Code." Section 5. Codification Authority. This Supplement is codified pursuant to the provisions of C.R.S. 31-16-201 through 31-16-208 (1973, as amended). -- ~ • • drdinance No. ~a Page 3 Section 6. Reference Applies to all Amendments.. Whenever a reference is made herein to the "Vail Municipal Code" or to any portion thereof, or to any ordinance of the Town of Vail, Colorado, the reference shall apply to all amendments, corrections and additions thereto, now or here after made. Section 7. Title, Chapter and Section Headings. Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section thereof. Section 8. Reference to Specific Ordinances. The provisions of the code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise which are included within the Code, but such reference shall be construed to apply to the corresponding provisions contained in the Code. Section 9. Cost of Vail Municipal Code and 1979 Supplement. The price of the Vail Municipal Code with all Supplements including the 1978 Supplement shall be $100.00. The price of the 1979 Supplement to the Vail Municipal Code shall be $25.00. Section 10. Effect of Supplement on Past Actions and Obligations. Neither the adoption of this Supplement nor the repeal, nor the amendments hereby of any ordinance or part or portion of any ordinance of the Town of Vail shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee, penalty, at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee, or penalty, or the penal provisions appli- cable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed • s a Ordinance No. ~~ Page 4 or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. Further, the adoption of this ordinance shall not affect or impair or be applicable to: (a) any preceding suit, or legal action presently pending. (b) any special ordinance, resolution or motion hereto- fore passed, adopted and made validating, ratifying or legalizing the acts or ammissions of any officer or validating any ordinance, act or proceeding whatever; and all validating and legalizing acts of and by the Town Council whatsoever and now in force are hereby continued in force; (c) any ordinance relating to the public debt or the public credit or any annexation of territory; (d) any ordinance relating to a contract to which the Town of Vail, Colorado, is a party or to any contract made for its benefits; (e) any ordinance, resolution or motion making appro- priation of public funds; (f) any ordinance, levying a special benefit assessment or creating a lien and debt against any property situated within the Town of Vail, Colorado, and improved by the opening, widening, ex- tension or paving of any street or public thoroughfare within the Town and/or the installation of gutters, curbs, curb~Valks or side- walks along said street or thoroughfare, and/or the installation, construction of utilities or other similar type improvements; (g) any ordinance or resolution granting any franchise, license, right or revocable permit to any person, firm or corporation, which franchise, license, right or revocable permit was legally in force and effect on the effective date of this ordinance; it being • Ordinance No. `1~ Page 5 the express intent and purpose of the Town Council that every such franchise, license, right or revocable permit shall expire as originally provided by the ordinance granting the same unless sooner terminated by the Council acting under and pursuant to the ordinances and charter of the Town of Vail, or the terms and conditions set forth in the ordinance or resolution making the grant; (h) any ordinance or resolution promising or guaran- teeing the payment of money by the Town or authorizing the issuance and sale of general obligation or revenue bonds by the Town; (i) any administrative ordinance or resolution of the Town not in conflict or inconsistant with the provisions of the Vail Municipal Code; (j) any ordinance providing for and making the annual tax levy in and for the Town of Vail, Colorado, or ordinance adopt- ing the budget for the Town or making the annual appropriation; (k) any ordinance or resolution establishing land use zoning districts in the Town, adopting a map of zoning districts, providing for adjustment, enforcement and amendment thereof; or, any ordinance approving a subdivision of land within the Tow annexation to the Town; (1) any ordinance, resolution or motion naming, re- naming, opening, accepting or vacating streets, alleys, or rights- of-way in the Town; ,(m) any ordinance relating to the sale or purchase .of real property or personal property or relating to the vaca- tion or release of rights in real propertym or any ordinance providing for rights in real or personal property, or any ordi- nance designating the purpose for which land is to be used, or any ordinance relating to any other such similar matter. Section 11. Violations and Punishment. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirments of this Supplement. ~ ~ Ordinance No. 4~' Page 6 Any person who shall violate any provisions of this Supplement shall be punishable by a fine of not more than $300 or by im- prisonment for a period of not more than ninety (90) days or by both such fine and imprisonment. Any such person shall be guilty of a separate offense for each and every day during any portion of which in violation of any provision of this Supplement is committed, continued, or permitted by such person and shall be punished accordingly. In addition to the penalty hereinabove provided, in a condition caused or permitted to exist in violation of any of the provisions of this Supplement shall be deemed a public nuisance and may be, by this Town summarily abated as such, and each day that such condition continues shall be regarded as a new and separate offense. Section 12. Penalty Sections of the Supplement. The following sections of the Supplement adopted by this ordinance are penalty sections, said penalty sections are herein- after set forth in full and re-enacted according to C.R.S. 31-16-204 (1973, as amended): 10.04.060 Violation - Penalty It is unlawful for any person to violate any of the provisions of the Municipal Traffic Code as adopted and amended in this chapter, or of any provision of this chapter, and any such violation shall be punishable as provided in this chapter. Every person convicted of a violation of any provision of the Municipal Traffic Code or of any provision of this chapter shall be punished by a fine of not more than three hundred dollars or by im- prisonment for not more than ninety days, or by both such fine and im- prisonment. 12.04.430 Violation - Penalty A. Any person violating any of the pro- visions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished for such offense by imprisonment for not more than ninety days or by a fine of not less than five dollars nor more than three hundres dollars, or by both such fine and imprisonment. Each day the violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as set forth in this section. Both the licensed contractor and the person, firm or corporation the work is for, are responsible for the compliance with • Ordinance No. 5w this chapter, and any or all of the same may be summoned into municipal court, and any or all may be found guilty of a vio- lation hereof. Page 7 B. The sanctions, remedies or penalties available under this chapter are deemed cumulative, and any or all may be pursued by the town of Vail to enforce the provisions of this chapter. 15.04.310 Violations and penalties The violations and penalties therefore are specified in Section 205 of the Uniform Building Code, 1976 edition, and read as follows: "It shall be unlawful for any peroon, firm, or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the Town or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code. Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation o r any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than $300 or by imprisonment for not more than 90 days, or by both such fine and imprisonment." 15.32.120 Violation - Penalty A. It is unlawful for any person, firm or corporation to erect, construct, renovate, enlarge, alter, re- pair, improve, convert, equip, use, occupy or maintain any building or structure in the Town, or cause to permit the same to be done, contrary to or in violation of any of the provisions of the Colorado Model Energy Efficiency Construction and Renovation Standards for Nonresidential Buildings. B. Any person, firm, or corporation violating any of the provisions of the Colorado Model Energy Efficiency Construction and Renovation Standards for Nonresidential Buildings or of the ordinance codified in this chapter shall be punishable by a fine not exceeding three hundred dollars or imprisonment not exceeding ninety days, or by both such fine and imprisonment. Each and every day or portion thereof during which any such violation is committed, continued or permitted shall be considered a separate offense. • • • '. Ordinance No. 4 ~ Page 8 18.66.025 Violations - Penalties ,A. In case any building or structure is erected, structurally altered, extended, moved and main- tained, or any building, structure or land is used in violation of this Title 18, any person may file a written complaint in the Town Municipal Court alleging said violation. The filing of a complaint to the Municipal Court shall be an additional remedy, and shall not preclude the imposition of any civil or administrative action or sanction. B. The owner or general agent of the building or premises where a violation of any provisions of this Title 18 has been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such general agent, lessee or tenant of any part of the building or premises in which such violation has been committed or shall exist, or the general agent, architect, builder, contractor or any other person who commits, take part in, or who assists in any such violation or who maintains any building or premises in which any such violation shall exist, shall be guilty ` of a misdemeanor punishable either by fine of not less than twenty dollars and not more than three hundred dollars, or not more than ninety days' jail sentence, or both, for each and every day that such violation continued. The correction of a violation shall not restrain imposition of these penalties. Each day such violation continues shall constitute a separate violation. Section 13. Effective Date. This 1979 Supplement shall become effective on the effective date of this ordinance adopting this 1978 Supplement in accordance with the provisions of the charter of the Town of Vail, Colorado. Section 14. Severability. If any section, sub-section, sentence, clause, or phrase of this ordinance or Supplement is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance or Supplement. The Town Council hereby declares that it would have passed the same, any section, sub-section, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, sub-sections, sentences, clauses or phrases had been declared invalid or uncon- stitutional, and if for any reason this ordinance or Supplement should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. Ordinance No. 4-~ 9 The Town Council finds, determine, and declares that this ordinance is necessary for the public health, safety and welfare. INTRODUCED, READ AND PASSED ON FIRST READING THIS 6th day of November, 1979, and a public hearing shall be held on this ordinance on the 18th of December, 1979, at 7:30 P.M. in the Council Chamber, Municipal Building, Vail, Colorado. Ordered published twice November 9, 1979 and November 16, 1979. ATTEST: ~!( .~ /~ - ~%C ~- , ~ ~ Tb~1YCZerk • ~ -~ ^"C ~- Mayor INTRODUCED, READ AND PASSED ON SECOND READING THIS 18th ~ day of December , 1979, and ordered published by Title only -~-~ .~,. `. Mayor % '"~ ATTEST: ~~ ~r ~~ To Jerk `"