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HomeMy WebLinkAbout2013-16 Ameding Section 13-7-8 of the Town of Vail Code regarding costs in enforcement actions and setting forth details in regards theretoORDINANCE NO. 16 SERIES 2013 AN ORDINANCE AMENDING SECTION 13 -7 -8 OF THE VAIL TOWN CODE REGARDING RECOVERY OF COSTS IN ENFORCEMENT ACTIONS AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "), is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; WHEREAS, the members of the Town Council of the Town have been duly elected and qualified; and WHEREAS, the Town Council desires to amend the Vail Town Code to provide for an award of reasonable attorney fees and costs in successful court actions to enforce violations of Section 13 -7 -8. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 13- 7 -8.B.2 of the Vail Town Code is hereby amended as follows: 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 (3) 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 elements 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, 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 town the right to enforce the restriction by the assessment and the lien provided for hereunder. If the town enforces the restriction, the town shall receive the funds collected as a result of such enforcement. In the event litigation results from the enforcement of the restriction, and the town prevails in such litigation, the court shall award the towns its court costs together with reasonable attorney fees incurred. 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 Ordinance No. 16, Series of 2013 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 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 5th day of November, 2013 and a public hearing for second reading of this Ordinance set for the 19th day of November, 2013, in the Council Chambers of the Vail Municipal Build, Vail, Colorado. Andrew P. Daly, TEST: am ag I Acti Town Clerk - .\V V.V. •. •,,.......2'w r READ AND APPROVED ON SECOND READING AND ORDER this 15th day of November, 2013. Andrew P aly, M yor II ng Town Ordinance No. 16, Series of 2013 7'0"