HomeMy WebLinkAboutordinance.council.002-2019 ORDINANCE NO. 2
(Series 2019)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
DELETING CHAPTER 8.56 OF THE ASPEN MUNICIPAL CODE OF THE CITY OF ASPEN
—CONSTRUCTION MANAGEMENT PLAN, DELETING AND REENACTING TITLE 21
OF THE ASPEN MUNICIPAL CODE AND DELETING AND REENACTING TITLE 29 OF
THE ASPEN MUNICIPAL CODE WITH MODIFICATIONS INCLUDING THE ADDITION
OF THE PROVISIONS OF CHAPTER 8.56 INTO TITLE 29.
WHEREAS, City of Aspen Engineering design standards and regulations are contained within
Title 29 of the City of Aspen Municipal Code; and,
WHEREAS, Construction Management Plan Requirements are currently set forth in Chapter
8.56 of Title 8, of the Aspen Municipal Code. Nonetheless construction management is
administered by the Engineering Department; and,
WHEREAS, Title 21 addresses and relies upon the Engineering Design Standards and
Construction Management Plan Requirements set forth in Title 29; and,
WHEREAS, the changes to such standards and, as has been determined through the application
of the existing Title 21, changes in other provisions of such titles are necessary to make certain
that the intent of the provisions is enforceable; and,
WHEREAS, the City Council finds that the relocation of sections relating to construction
management and other proposed additions and modifications of Title 29 and Title 21, including
provisions regarding enforcement will maintain clarity and consistency by capturing all related
engineering standards and enforcement procedures into these titles.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN,
COLORADO:
Section 1.
Chapter 8.56—Construction Management Plan - of the Municipal Code of the City of Aspen,
Colorado, is hereby deleted in its entirety.
Section 2.
Title 21 —Streets, Sidewalks and Other Public Places is hereby deleted in its entirety and
replaced with the following:
See Exhibit"A", attached hereto and incorporated herein by this reference.
Section 3.
Title 29—Engineering Design Standards is hereby deleted in its entirety and replaced with the
following:
See Exhibit`B", attached hereto and incorporated herein by this reference.
Section 4•
Any and all references to "Engineering Design Standards"throughout the Aspen Municipal Code
are hereby deemed to refer to"Engineering Standards" set forth in Title 29.
Section 5:
This ordinance shall not have any effect on existing litigation and shall not operate as an
abatement of any action or proceeding now pending under or by virtue of the ordinances
amended as herein provided, and the same shall be constructed and concluded under such prior
ordinances.
Section 6:
If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason
held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and shall not effective validity of the
remaining portions hereof.
A public hearing on the ordinance shall be held on the 22nd day of July 2019, in the City Council
Chambers, Aspen City Hall, Aspen, Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by City Council of
the City of Aspen on the 20 day of June 2019.
,'_Iel�6-4F_
Torre, Mayor
ATTEST:
yLinAdaMan�nin6g, City Cler
FINALLY adopted, passed and approved this�`.Z day of ( , 2019.
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Torre, Mayor
ATTEST:
TV�A �4AM(i
'Linda Manning, City Clerk
Approved as to form:
J es R True, City Attorney
TITLE 21
Table of Contents
Chapter 21.04 ............................................................................................................................................................................. 3
GENERAL PROVISIONS ......................................................................................................................................................... 3
Sec. 21.04.010. Definitions. .................................................................................................................................................. 3
Sec. 21.12.260. Responsibility of permittee to provide patch. .................................................................................................. 15
Sec. 21.12.270. Maintenance of backfill and temporary patch. ................................................................................................ 15
Sec. 21.12.280. Responsibility of City to replace paved improvements. .................................................................................. 16
Sec. 21.12.290. Compliance Required. ..................................................................................................................................... 16
Sec. 21.12.300. Warranty period. ............................................................................................................................................. 16
Sec. 21.12.310. Termination of project if not expeditiously completed.................................................................................... 16
Sec. 21.12.320. Repair to paved streets. ................................................................................................................................... 17
Sec. 21.12.330. Placement of ribbon in utility trenches. ........................................................................................................... 17
Sec. 21.12.340. Repaving. ........................................................................................................................................................ 17
Sec. 21.12.350. Restrictions to protect pedestrian and vehicular traffic. .................................................................................. 17
Sec. 21.12.360. As-built drawings required. ............................................................................................................................. 17
Sec. 21.12.370. Excavation under existing curb, gutter and sidewalk. ..................................................................................... 18
Sec. 21.12.380. Dust control. ................................................................................................................................................... 18
Sec. 21.12.390. Violation; penalty. .......................................................................................................................................... 18
Sec. 21.12.400. Appeal procedures. ......................................................................................................................................... 18
Chapter 21.16 ........................................................................................................................................................................... 19
SIDEWALK, DRIVEWAY, CURB AND GUTTER ............................................................................................................... 19
Sec. 21.16.010. Permit required. .............................................................................................................................................. 19
Sec. 21.16.020. Construction to comply with standard specifications. ...................................................................................... 19
Sec. 21.16.030 Construction of sidewalk, curb and gutter required for all construction in certain districts. ........................... 19
Sec. 21.16.040. Reservation of funds for construction of sidewalk, curb and gutter. ............................................................... 19
Sec. 21.16.050. Procedures when not feasible to construct sidewalk, curb and gutter. ............................................................. 21
Sec. 21.16.060 Driveway and curbcut specifications. .............................................................................................................. 21
Sec. 21.16.070. Variations in driveways and curbcuts allowed for unusual conditions. ............................................................ 21
Sec. 21.16.080. Responsibility to repair sidewalks, driveways and gutters. ............................................................................. 22
Sec. 21.16.090. Definition of sidewalk in need of repair. ......................................................................................................... 22
The sidewalk has a transverse slope in excess of one (1) inch per foot or the combination of transverse and longitudinal
grade is insufficient for adequate drainage of the sidewalk causing accumulation of water and ice. (Ord. No. 42-1999, §1
[part]; Ord. No. 15, 2007, §3) ................................................................................................................................................... 22
Chapter 21.20 ........................................................................................................................................................................... 22
TREES AND LANDSCAPING ON PUBLIC RIGHT-OF-WAY1 ......................................................................................... 22
Sec. 21.20.010. Approval required for landscaping in sidewalk area. ................................................................................ 22
Sec. 21.20.020. Landscaping required for new construction. .............................................................................................. 23
Sec. 21.20.030. Specifications for landscaping in sidewalk area. ....................................................................................... 23
Sec. 21.20.040. Property owner responsibility for landscaping after construction. ............................................................ 23
Sec. 21.20.050. Property owner responsible for maintenance of landsc aping in adjoining right-of-way. .......................... 23
Sec. 21.20.060. Approval required for paving of planting areas. ........................................................................................ 24
Sec. 21.20.070. Requirements for removal of trees; approval required. ............................................................................. 24
Sec. 21.20.080. Requirements of conservation of water in landscaping on public rights -of-way. ...................................... 24
Chapter 21.24 ........................................................................................................................................................................... 25
PERMITS FOR SKI STORAGE RACKS ENCROACHING OR LOCATED UPON PUBLIC RIGHTS-OF-WAY ............ 25
Sec. 21.24.010. Permit for installing and operating ski storage rack encroaching or located upon public right -of-way;
qualification; application. ......................................................................................................................................................... 25
Sec. 21.24.020. General specifications for ski storage racks............................................................................................... 25
Sec. 21.24.030. Fees; expiration of permit. ......................................................................................................................... 26
Sec. 21.24.040. Termination of permit; removal of racks. .................................................................................................. 26
Sec. 21.24.050. Permit required; violation of Chapter provisions or regulation; sep arate offense for each day's violation.
26
Chapter 21.26 ........................................................................................................................................................................... 26
COMPLETE STREETS ........................................................................................................................................................... 26
Sec. 21.26.010. Purpose. ........................................................................................................................................................ 26
Sec. 21.26.020. Principals. .................................................................................................................................................... 27
Sec. 21.26.030. Evaluation of New Projects. ........................................................................................................................... 27
Chapter 21.28 ........................................................................................................................................................................... 28
LOCAL PUBLIC IMPROVEMENTS1, 2 ................................................................................................................................. 28
Sec. 21.28.010. City to contract. ......................................................................................................................................... 28
Sec. 21.28.020. Contract. .................................................................................................................................................... 28
Sec. 21.28.030. Assessment of property. ............................................................................................................................ 28
Sec. 21.28.040. Initiation of improvement. ......................................................................................................................... 29
Sec. 21.28.050. Rules of petition. ....................................................................................................................................... 29
Sec. 21.28.060. Public notice of proposed improvement. ................................................................................................... 30
Sec. 21.28.070. Hearing of advertised proposed improvements. ........................................................................................ 30
Sec. 21.28.080. Formation. ................................................................................................................................................. 31
Sec. 21.28.090. Approval. ................................................................................................................................................... 31
Sec. 21.28.100. Owners of abutting real estate. .................................................................................................................. 32
Sec. 21.28.110. Statement of expenses; apportionment; notice of hearing on assessments. ............................................... 32
Sec. 21.28.120. Complaints. ................................................................................................................................................ 33
Sec. 21.28.130. Assessment roll. ......................................................................................................................................... 33
Sec. 21.28.140. Lien against property. ................................................................................................................................ 33
Sec. 21.28.150. Assessment; due and payable. ................................................................................................................... 34
Sec. 21.28.160. Default of payment. ................................................................................................................................... 34
Sec. 21.28.170. Failure to pay. ............................................................................................................................................ 34
Sec. 21.28.180. Sale of unpaid assessments. ....................................................................................................................... 35
Sec. 21.28.190 Bonds. ........................................................................................................................................................ 36
Sec. 21.28.200. Payment of bonds. ..................................................................................................................................... 37
Sec. 21.28.210. Surplus and deficiency............................................................................................................................... 37
Sec. 21.28.220. Improvements. ........................................................................................................................................... 38
Sec. 21.28.230. Legal proceedings. ..................................................................................................................................... 39
Sec. 21.28.240. Definitions. ................................................................................................................................................ 39
Chapter 21.32 ........................................................................................................................................................................... 40
SNOW REMOVAL ................................................................................................................................................................. 40
Sec. 21.32.010. Definitions. ................................................................................................................................................ 40
Sec. 21.32.020. Snow and ice to be removed from sidewalks by private persons. ............................................................. 40
Sec. 21.32.030. Depositing of snow and ice restricted. ....................................................................................................... 40
Sec. 21.32.040. Violation; work done, liability therefor; penalty. ...................................................................................... 40
Sec. 21.32.050. Penalties. .................................................................................................................................................... 41
Chapter 21.36 ........................................................................................................................................................................... 41
RIO GRANDE SKATEBOARD PARK .................................................................................................................................. 41
Sec. 21.36.010. Definitions. ................................................................................................................................................ 41
Sec. 21.36.020. Regulations. ............................................................................................................................................... 41
Sec. 21.36.030. Director of Parks to post regulations. ........................................................................................................ 42
Sec. 21.36.040. Eviction. .................................................................................................................................................... 43
Sec. 21.36.050. Penalty. ...................................................................................................................................................... 43
1 Cross reference—Department of engineering, §2.20.010 et seq.; allowing livestock to graze along public thoroughfares prohibited, §6.04.040; a llowing
livestock to obstruct streets and sidewalks prohibited, §6.04.050; herding through streets, §6.04.060; buildings and building regulations, Title 8; vendors
not to obstruct public ways, §15.04.360; permits required for parades, meetings and assemblies on public streets and sidewalks, §15.04.490; traffic, Title
24; vehicles with lug wheels on streets restricted, §24.04.060; utilities, Title 25; land use regulations, Title 26; cable television systems, Title 27.
2 State law reference—Public improvements, 31-25-101 et seq., C.R.S.
Chapter 21.04
GENERAL PROVISIONS
Sec. 21.04.010. Definitions.
For the purposes of this Title, certain words or phrases are defined as follows:
Alley. A public way having less width than a street and designated for access to the
rear of buildings or improvements.
Curb cut. That portion of the street curb or roadway frontage which abuts a driveway.
Driveway. That portion of the sidewalk area which is improved, designed or ordinarily
used for vehicular access to property abutting the street.
Emergency. Any event which may threaten public health or safety, or that results in an
interruption in the provision of service, including but not limited to damaged or leaking
water or gas conduit systems, damaged, plugged or leaking sewer or storm drain conduit
systems, damaged electrical and communications facilities, or as otherwise recommended by
the City Engineer and approved by the City Manager.
Engineering Standards. Engineering Standards adopted pursuant to Title 29.
Pavement and/or paved improvements. The term shall include any improvement
constructed of asphalt concrete, seal and chip, concrete or similar impervious wearing
surface, including but not limited to roadway, sidewalk, curb, gutter and similar
improvements.
Public right-of-way. Any public way or public thoroughfare dedicated or devoted to
public use, including street, highway, road, alley, lane, court, boulevard, sidewalk, public
square, mall or like designation.
Roadway. That portion of a street improved, designed or ordinarily used for vehicular traffic.
Sidewalk. That portion of the sidewalk area which is paved with an all-weather surfacing
for use by pedestrians.
Sidewalk area. That portion of a street between the curb line or the lateral line of a
roadway and the adjacent property line, intended for the use of pedestrians and including
the terms border area, parkway, park strip, planting strip and like designations.
Street. A public way for vehicular traffic, including roadway and sidewalk area, being the
entire width from property line to property line dedicated or devoted to public use, and
including the terms highway, road, place, avenue or other like designations.
Street improvement. The term shall include roadway/alley paving, sidewalks, driveways,
curbs, gutters, street lights, street signs, traffic signs and signals, storm sewers, culverts,
bridges and drainage appurtenances and similar items. (Code 1971, §19-1; Ord. No. 30-1975,
§1; Ord. No. 15, 2007, §1)
Sec. 21.04.020. Certain ordinances relating to streets not affected by Code.
Nothing in this Code or the ordinance adopting this Code shall be construed as repealing or
otherwise affecting the validity of any ordinance:
(a) Dedicating, accepting, naming, establishing, locating, relocating, opening, paving,
widening, improving or vacating any street or other public way in the City.
(b) Establishing or prescribing grades for streets or street improvements in the City.
All such ordinances are hereby recognized as continuing in full force and effect to the same extent as
if set out in full herein. (Code 1971, §19-2; Ord. No. 30-1975, §1; Ord. No. 15, 2007, §1)
Sec. 21.04.030. House numbering; required.
All lots, buildings and structures in the City shall be numbered in accordance with the following
plan:
(a) North numbers shall commence on the north property line of Main Street.
(b) South numbers shall commence on the south property line of Main Street.
(c) East numbers shall commence on the east property line of Garmisch Street.
(d) West numbers shall commence on the west property line of Garmisch Street.
(e) Even numbers shall be on the east and north sides of the streets.
(f) Odd numbers shall be on the south and west sides of the streets. (Code 1971, §19-3;
Ord. No. 30-1975, §1; Ord. No. 15, 2007, §1)
Sec. 21.04.040. Site map.
The Building Inspector shall keep a map showing the proper street number of every building
site in the City, which shall be open to inspection to any interested person. (Code 1971, §19-4;
Ord. No. 30-1975, §1; Ord. No. 15, 2007, §1)
Sec. 21.04.050. Occupancy of or construction within a public right-of-way prohibited without
encroachment license or permit.
(a) No person shall occupy, construct, place or maintain within any public right-of-way
any building, structure or appurtenance, fence, tree, vegetation or other obstruction without first
having obtained an encroachment license from the City Engineer.
(b) It shall be unlawful for any person to undertake any construction or repair within or dig up,
open, disturb, grade, excavate, or otherwise alter any public right-of-way or use, occupy, or stage
construction materials in any public right-of-way in the City without first having obtained a permit
or license for such work from the City Engineer. A separate permit shall be required for each
construction or excavation project.
(c) Nothing contained in this Section shall be construed to apply to improvements or
activities undertaken within a public rights-of-way by the City, its employees or agents, the
placement of temporary safety barricades or structures around excavations, construction within a
public right-of-way or the placement of other devices or structures that may be required to be
placed in a public right-of-way by reason of state or federal law or regulation. (Code 1971, §19-
5; Ord. No. 30- 1975, §1; Ord. No. 68-1975, §1; Ord. No. 41-1985, §1; Ord. No. 11-1992, §1;
Ord. No. 77-1992, §8; Ord. No. 15, 2007, §1. Ord. No. 31-2008; Ord. No. 2-2019)
Sec. 21.04.060. Temporary construction within public right-of-way restricted.
Temporary guardrails, pedestrian walkways, protective canopies, field offices and similar
items shall not be constructed on public right-of-way without prior approval of the City Engineer.
(Code 1971, §19-6; Ord. No. 30-1975, §1; Ord. No. 15, 2007, §1)
Sec. 21.04.070. Temporary storage of merchandise on public right-of-way restricted.
It shall be unlawful for any person receiving or delivering merchandise, commodities or
construction materials within the City to place, keep or suffer to be kept upon public rights-of-way
any such merchandise, commodities or construction materials without the approval of the City
Engineer. (Code 1971, §19-7; Ord. No. 30-1975, §1; Ord. No. 15, 2007, §1)
Sec. 21.04.080. Obstruction of ditches and gutters prohibited.
No person shall obstruct or damage in any manner any ditch, gutter, drain, catch basin, culvert
or other drainage improvement within public rights-of-way or under control of the City. (Code 1971,
§19-8; Ord. No. 30-1975, §1; Ord. No. 15, 2007, §1)
Sec. 21.04.090. Dangerous openings in streets.
No person shall leave or keep open any cellar door, pit, vault, manhole or other subterraneous
opening on any street, alley, sidewalk or other public way, or keep such opening in an unsecured
condition so that vehicles, persons or animals will be in danger of sustaining injury or damage.
(Code 1971, §19-9; Ord. No. 30-1975, §1; Ord. No. 15, 2007, §1)
Sec. 21.04.100. Obstructing excavations, construction or repairs prohibited.
It shall be unlawful for any person to hinder or obstruct any excavation or the construction or
repair of any paving, sidewalk, curb, gutter, drainage improvement, utility or other street
improvements performed pursuant to the provisions of this Title. (Code 1971, §19-10; Ord. No. 30-
1975, §1; Ord. No. 15, 2007, §1)
Sec. 21.04.110. Damage, removal, etc., of safety barricades or devices prohibited.
It shall be unlawful to damage, displace, remove or interfere with any barricade, warning light
or other safety appliance or device which is lawfully placed around or about any excavation or
other street improvement construction in any street, alley, sidewalk or other public right-of-way.
(Code 1971, §19-11; Ord. No. 30-1975, §1; Ord. No. 15, 2007, §1)
Sec. 21.04.120. Draining water onto public right-of-way restricted.
No person shall drain water from any swimming pool, therapy pool, cistern, pond or similar
improvement onto a public right-of-way without approval of the City Engineer and Street
Superintendent. (Code 1971, §19-12; Ord. No. 30-1975, §1; Ord. No. 15, 2007, §1)
Sec. 21.04.130. Reserved.
Chapter 21.08
DEPARTMENT OF STREETS AND ALLEYS
Sec. 21.08.010. Creation.
There is hereby created and established a department of streets and alleys of the City for the
purpose of providing the necessary street and alley construction and maintenance services required
by the City. (Code 1962, §3-8-1; Ord. No. 8-1969, §2; Code 1971, §19-26)
Charter reference—Authority to establish departments, §6.9.
Sec. 21.08.020. Composition, direction and control.
The Street and Alley Department of the City shall be under the direction and immediate
control of the Street Superintendent, who may appoint an assistant street superintendent and all
necessary employees as may be authorized. The Street Superintendent shall be responsible for the
acts of all employees so appointed. (Code 1962, §3-8-2; Ord. No. 8-1969, §3; Code 1971, §19-27)
Sec. 21.08.030. Street Superintendent; appointment and removal.
The Street Superintendent shall be appointed by and be responsible to the City Manager and
his or her appointment shall continue during satisfactory service at the pleasure of the City Manager.
(Code 1962, §3-8- 3; Ord. No. 8-1969, §4; Code 1971, §19-28)
Sec. 21.08.040. Same; qualifications.
The Street Superintendent shall be appointed on the basis of his or her supervisory and
technical qualifications with special reference to his or her actual experience in and his or her
knowledge of the functions and duties of his or her office as set forth in this Chapter. (Code 1962,
§3-8-4; Ord. No. 8-1969, §5; Code 1971, §19-29)
Sec. 21.08.050. Same; functions and duties.
The Street Superintendent shall be a department head of the City. His or her functions and
duties shall be as follows:
(1) Prepare recommendations, progress reports and work programs as required.
(2) Prepare and submit annual department budget requests.
(3) Supervise, inspect, review and approve the construction and repairs of all city
streets and alleys.
(4) Purchase and approve the purchase of departmental materials, supplies and equipment.
(5) The Street Superintendent shall preserve all records, plans, maps, notes, surveys,
books, papers, documents, supplies and equipment pertaining to his or her office. In the event
of resignation or removal from office they shall be delivered to his or her successor in office or
to the City Manager.
(6) Prepare daily work schedules for employees, assign all equipment to projects.
(7) Train or assign subordinate employees in training of new employees.
(8) Coordinate interdivisional and interdepartmental work programs with other supervisors
during special project assignment.
(9) The Street Superintendent shall perform such other duties as may be prescribed by
law or required of him by ordinance or by direction of the City Manager. (Code 1962, §3-8-
5; Ord. No. 8- 1969, §6; Code 1971, §19-30)
Chapter 21.12
OCCUPANCY, CONSTRUCTION AND EXCAVATION WITHIN PUBLIC RIGHT-OF-
WAY
Sec. 21.12.010. Permit required.
(a) Any person seeking an encroachment license or construction permit for any
occupancy, construction or excavation within public right-of-way must submit an application
on forms provided by the City Engineer, accompanied by an administrative fee in an
amount prescribed by Subsection 2.12.050(e) of this Code. The City Engineer may specify
the terms and conditions under which any encroachment license is to be issued so as to
protect the best interests of the City. All encroachment licenses granted under this Section
whether delineated as temporary or permanent shall be revocable by the City with or
without cause at any time.
(b) A separate permit shall be required for each construction or excavation project.
(c) As a general policy, it is not in the City’s interest to grant permanent
encroachments, thereby providing public property for private use. New and existing
structures should be able to accomplish their various needs within the confines of their
property boundaries and required setbacks.
(d) All right-of-way permit and encroachment license applications shall comply with
the most current edition of the Engineering Standards for work in the public rights-of-way.
All encroachment licenses or construction permits granted under this Section whether
delineated as temporary or permanent shall be revocable by the City with or without cause
at any time.
(Code 1971, §19-46; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 20-1990, §1; Ord. No.
15,2007,§2; Ord. 31-2008; Ord. No. 43-2013; Ord. No. 2-2019)
Sec. 21.12.020. Application.
All right-of-way permit and encroachment license applications shall comply with the most
current edition of the Engineering Standards for work in the public rights-of-way. Application for a
right-of-way permit or encroachment license, either temporary or permanent, shall be made no later
than one (1) week prior to the planned commencement of the work. The applicant must have a valid
builder's or excavating license issued by the City of Aspen/Pitkin County Building Department. The
City Engineer may allow the permittee to obtain a permit or license sooner than one (1) week prior to
the planned commencement of the work if the scope of work is deemed to be minimal. Emergency
situations will be exempt; however a permit must be obtained as soon as is possible and no later than
the next business day.
(Code 1971, §19-47; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 20-1990, §1; Ord.
No. 15, 2007, §2; Ord. No. 31-2008; Ord. No. 2-2019)
Sec. 21.12.030. Plans and specifications required for construction.
No permit for construction within any City right-of-way shall be issued until plans have been
submitted to and approved by the City Engineer. (Code 1971, §19-48; Ord. No. 30-1975, §1; Ord.
No. 11-1977, §1; Ord. No. 20-1990, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.040. Fees and bonding.
No permit shall be issued unless the applicant has first signed the required agreement, paid the
required fees and filed the appropriate bond as follows:
(a) An indemnity and hold harmless agreement as approved by the City Attorney.
(b) A permit fee in an amount prescribed by Subsection 2.12.050(e) of this Code.
(c) A maintenance bond in an amount equal to the total cost of construction, including
labor and materials, or two thousand five hundred dollars ($2,500.00), whichever is greater.
The maintenance bond shall guarantee that the material and equipment are furnished and
used, and the workmanship employed in the performance of the work described in the right-
of-way permit will be of such character and quality as to ensure it to be free from all defects
and in continuous good order and in a condition satisfactory to the City Engineering
Department for a period of two (2) years from the date of issuance of the final inspection log,
indicating one hundred percent (100%) satisfactory completion of the work. The maintenance
bond shall be noncancelable for two (2) full years from the date of issuance of
satisfactory completion.
(d) The applicant may request to substitute a maintenance bond with a letter of credit or
cash-in- lieu payment contingent upon approval of the City Engineer.
(e) If the City must replace the improvements within two (2) years of acceptance of the
work, the City shall execute the maintenance bond or letter of credit. This will encourage the
contractor to take the initiative to replace the defective improvements. The City will not
replace improvements unless the contractor chooses not to replace them. (Code 1971, §19-49;
Ord. No. 30-1975, §1; Ord. No. 11-1977,
§1; Ord. No. 88-1979, §1; Ord. No. 37-1985, §1; Ord. No. 20-1990, §1; Ord. No. 77-1992, §9;
Ord. No. 15, 2007, §2)
Sec. 21.12.050. Permittee may replace paved improvements.
For construction and excavation in paved areas, the permittee may elect, subject to the
approval of the City Engineer, to replace the defective paved improvements in lieu of having the
maintenance bond executed. The pedestrian mall brick pavement area shall be reconstructed under
the supervision of the Parks Director. Where bricked or other specialized sidewalks are
encountered outside of the pedestrian mall, the permittee shall undertake complete restoration of
the surface. All bricks or other specialized sidewalk materials shall be removed with care and
stockpiled for reuse if at all possible. The replacement of the paved improvements shall be in
accordance with all City specifications and subject to inspections and final approval by the City
Engineer (see excavation and construction standards). (Code 1971, §19-50; Ord. No. 30-1975, §1;
Ord. No. 11-1977, §1; Ord. No. 20-1990, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.060. Licensing and insurance required.
All permittees under this Chapter must be licensed and insured pursuant to Chapter 8.12. (Code
1971,§19-51; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.070. Conditions and special requirements for issuance.
Permits under this Chapter shall be issued subject to all the regulations and specifications
in Sections
21.12.120 through 21.12.390 of this Chapter, the City's Engineering Standards and any special
requirements that the City Engineer deems necessary in order to maintain the health, welfare,
safety and convenience of the public. (Code 1971, §19-52; Ord. No. 30-1975, §1; Ord. No.
11-1977, §1; Ord. No. 20-1990, §1; Ord. No. 15, 2007, §2; Ord. No. 43, 2013; Ord. No. 2-
2019)
Sec. 21.12.080. Change in scope of work; duty to notify.
If there is any change in the scope or extent of the work described in the approved right-
of-way permit, the permittee shall immediately notify the City Engineer before proceeding.
(Code 1971, §19-53; Ord. No. 30- 1975, §1; Ord. No. 11-1977, §1; Ord. No. 20-1990, §1; Ord.
No. 15, 2007, §2)
Sec. 21.12.090. Issuance of permit in certain months restricted.
No permit required by this Chapter shall be issued for any construction or excavation
within any City right-of-way for the period from November 1 through March 31, except in
case of an emergency. In addition, from June 1 through Labor Day weekend for the
Commercial Core and Main Street Corridor, no construction or excavation within any City
right-of-way will be permitted except in case of an emergency.
(Code 1971, §19-54; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 46-1989, §1;
Ord. No. 20- 1990, §1; Ord. No. 15, 2007, §2; Ord. 31-2008)
Sec. 21.12.100. Permit to be kept and exhibited at site.
The permit required by this Chapter shall be kept at the site of the excavation while
the work is in progress and shall be exhibited upon request to the City Engineer or any police
officer. (Code 1971, §19-55; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 20-1990,
§1; Ord. No. 15, 2007, §2)
Sec. 21.12.110. Record keeping required.
The City Engineer shall keep a record of all permits issued. (Code 1971, §19-56; Ord. No.
30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 20-1990, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.120. Street closures not permitted.
Street closures are not permitted. The City Engineer may permit lane closures. When lane
closures are permitted, the applicant must:
(a) Verify the closure specified on the permit with the Engineering Department, the
School District and the Roaring Fork Transit Authority (RFTA) at least one (1) week in
advance.
(b) Notify the Aspen Communication Center at (970)920-5310 one (1) day prior to
closure and at the time of re-opening.
(c) Set and maintain, at the applicant's expense, necessary barricades, flashers,
construction signs and flaggers; and take all necessary precautions in accordance with the
Manual on Uniform Traffic Control Devices (MUTCD).
(d) Hours of work will be in compliance with Title 18 or Title 8 or both. Utility work must
be completed between 7:00 a.m. and 5:00 p.m., Monday through Friday and between 9:00
a.m. and 5:00 p.m. on Saturday, unless approved otherwise by the City Council.
(Ord. No. 15, 2007, §2; Ord. No. 31-2008)
Sec. 21.12.130. Limitations on use of public streets, alleys and sidewalks for construction
materials.
(a) Purpose. It shall be the purpose of this Section to regulate the use of public streets,
alleys and sidewalks for construction material storage and placement of pedestrian barricades. This
regulation is intended to ensure adequate snow removal in City streets, alleys and sidewalks,
allow for safe flow of pedestrian and vehicular traffic and maintain the image of the City as a resort
community, while also accommodating construction activity.
(b) Definitions.
Construction material storage means parking of construction trailers or construction
equipment, storage of construction materials for any purpose related to the construction activity.
Pedestrian barricades means any structure authorized by the City Engineer to permit
the safe passage of pedestrians past construction sites.
Paved street means that portion of the right-of-way between curbs or drainage swales.
Sidewalk means that portion of the right-of-way between a curb or drainage swale and a
property
line
.
Staging means any construction related activity that lasts less than one working day.
(c) Limitations.
(1) The following limitations shall be enacted on the use of the public right-of-way
during the period of November 1 to March 31:
a. Storage of construction materials shall be prohibited in all paved streets, alleys and
sidewalks in the City.
b. Placement of pedestrian barricades shall be prohibited in all paved streets and
alleys in the City.
c. Placement of pedestrian barricades shall not be permitted in sidewalks in the City
Core.
(2) The following limitations shall be enacted on the use of the public right-of-way
during the period of April 1 to June 1 and Labor Day to November 1:
a. Storage of construction materials shall be prohibited in all paved streets,
sidewalks and alleys in the City.
b. Placement of pedestrian barricades shall be permitted in paved streets, alleys and
sidewalks in the City by obtaining a temporary revocable encroachment license from
the City Engineer.
(3) The following limitations shall be enacted on the use of the public right-of-way
during the period of June 1 through Labor Day:
a. Storage of construction materials shall be prohibited in all paved streets,
sidewalks and alleys in the City.
b. Placement of pedestrian barricades shall be prohibited within the
Commercial Core and Main Street Corridor.
c. Placement of pedestrian barricades shall be permitted in paved streets,
alleys and sidewalks in the City by obtaining a temporary revocable
encroachment license from the City Engineer.
(4) Exceptions.
a. The City Engineer or City Council may make exceptions to this Section
when special circumstances are present where strict compliance of these regulations
would jeopardize the public safety or the expeditious continuation of the project
and granting the exception is in the public interest.
b. Construction staging may occur with limited activities and limited work hours.
(d) Permits.
(1) The City Engineer shall have the sole responsibility for issuance of permits
and licenses pursuant to this Section. Reserved construction parking permits shall
comply with Section 24.16.240.
(2) In determining whether to issue a permit, the City Engineer shall consider the
following:
a. For the placement of pedestrian barricades in the public right-of-way, the
applicant shall demonstrate that the barricade: cannot be functionally located on
private property; provides for safe passage of pedestrians according to International
Building Code Chapter 33 and City Engineer; will be maintained in a usable,
safe and attractive manner; and is located so as to minimize the loss of public
parking spaces to the extent practicable.
b. For the storage of construction materials in City rights-of-way, the applicant
shall: demonstrate that the materials cannot be functionally located on private
property; provide a pedestrian walkway to replace the sidewalk when it is
blocked by construction materials; and ensure that the period of storage is the
minimum necessary to accomplish necessary construction activities.
(Code 1971, §19-57; Ord. No. 12-1988, §1; Ord. No. 20-1990, §1; Ord. No.
15, 2007, §2; Ord. No. 31-2008)
Sec. 21.12.140. Limitations to soil stabilization methods.
As a general policy, it is not in the City’s interest to grant permanent encroachments, thereby
providing public property for private use. New and existing structures should be able to
accomplish their various needs within the confines of their property boundaries and required
setbacks. Variances from this requirement may be granted by the City Engineer or City
Council. Criteria which may be considered by the City Engineer for granting a variance from
this requirement include, but are not limited to:
1. Encroachments into the right-of-way associated with soil earth retention (pilings,
soils nails, etc) may be authorized by the City Engineer under the following
proposed regulations which include, but are not limited to:
a. The associated structure is commercial or mixed commercial/residential
b. The applicant must prove extenuating circumstances preclude using
other methods of stabilization that can be contained entirely within
project property boundaries.
c. The earth retention fixture is sacrificial and can be removed after subsequent
structural elements are completed.
d. The earth retention structure does not extend past the back of curb of any
abutting roadway or into the driving surface of any alley and is installed 5’
below any utilities.
e. In no circumstance shall any encroaching fixture be within the first 7’ below grade.
f. The applicant shall pay a fee in accordance with section 2.12.051of the
Municipal Code. The fee will encompass the total horizontal and vertical extent
of the appurtenance measured from the property line and shall be in effect for
the duration that the appurtenance is in service for its intended use.
2. Encroachments into the right-of-way associated with public infrastructure
improvements that provide a public benefit.
(Ord. No. 15, 2007, §2; Ord. No. 31-2008)
Sec. 21.12.150. Construction and excavation subject to inspection.
All work requiring a permit pursuant to the provisions of this Chapter shall be subject to
inspection, in compliance with City codes, at all times by the City Engineer. It shall be unlawful to
obstruct or hinder any lawful inspection. It is the responsibility of the applicant to contact the
Engineering Department twenty-four
(24) hours in advance of the construction schedule for required inspections. The applicant must
explain all existing conditions and proposed work on the permit application form. All inspections
must be scheduled during regular office hours at City Hall, which are from the hours of 8:00 a.m.
to 5:00 p.m., Monday through Friday, excluding holidays.
Field tests of construction materials shall be required by the Engineering Department to ascertain
compliance with specifications. An independent testing firm must make tests, and the applicant
shall pay all testing and re-testing expenses. A written copy of all test reports must be submitted to
the Engineering Department within twenty-four (24) hours following completion of field and
laboratory material tests (see construction and excavation standards). (Code 1971, §19-69; Ord.
No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 20-1990,
§1; Ord. No. 15, 2007, §2)
Sec. 21.12.160. Time limitations for excavations.
No excavation shall be left open overnight. In the event of unforeseen extenuating
circumstances, a permittee may apply for an extension to this limitation and, after investigation,
the City Engineer may grant such an extension if the reasons and circumstances justify an
extension (see construction and excavation standards). (Code 1971, §19-70; Ord. No. 30-1975, §1;
Ord. No. 11-1977, §1; Ord. No. 20-1990, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.170. Emergency access required.
No construction shall be performed or excavation made in such manner as to prohibit
access by emergency vehicles to any building, structure or dwelling unit abutting the street or
public right-of-way. It shall be the responsibility of the permittee to notify the Police Department
when any construction or excavation obstructs the roadway from sunset to sunrise. ( Code 1971,
§19-71; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.180. Safety measures and barricades required.
(a) It shall be unlawful for any person to perform any work requiring a permit pursuant to
the provisions of this Chapter without providing sufficient warning lights and safety barricades or
fencing around
the construction or excavation from sunset to sunrise to prevent persons, animals and vehicles from
sustaining injury or damage.
(b) From sunrise to sunset, safety barricades or fencing shall be maintained but warning lights
are not required.
(c) Flagmen, signals, special traffic signing, walkways, ramps, canopies or other similar
safety precautions shall be required when the City Engineer deems necessary in order to maintain the
health, welfare, safety and convenience of the public, and shall conform to current MUTCD
guidelines.
(d) All state laws, provisions of this Code or other City ordinances dealing with measures for
the safety of workmen and the public shall be observed by permittees in addition to any
regulations contained in this Chapter (see construction and excavation standards). (Code 1971, §19-
72; Ord. No. 30-1975, §1; Ord. No. 11- 1977, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.190. Protection of street improvements, utilities and adjacent property.
Any person performing any work requiring a permit pursuant to the provisions of this
Chapter shall provide shoring, bracing, piling or other necessary devices and shall use the necessary
precautions to protect street improvements, utilities and adjacent property from damage or
disturbance. It shall be the responsibility of the permittee to obtain the location of any underground
utilities (see construction and excavation standards). (Code 1971, §19-73; Ord. No. 30-1975, §1; Ord.
No. 11-1977, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.200. Responsibility to protect street improvements, utilities or property and report
their damage.
It is the responsibility of the permittee to sustain, secure and protect any pipes, poles, mains,
cables, street improvements or property from damage or disturbance that was not previously
authorized. If damage occurs, the permittee shall immediately notify the City Engineer and the
affected utility. (Code 1971, §19-74; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 20-1990,
§1; Ord. No. 15, 2007, §2)
Sec. 21.12.210. Removal of paved improvements.
All cuts in asphalt shall be made in a neat manner by saw-cutting, rotomilling or other approved
method which assures cuts with square edges and straight lines to the required depth of cut.
Asphalt pavement cuts shall be such that no longitudinal joint lies within the wheel track. All cuts
in concrete shall be sawed; and sidewalk, curb and gutter shall be removed to the nearest joint if,
in the opinion of the City Engineer, the portion otherwise remaining would be too small to
function satisfactorily. Additional mall brick pavement structure shall be removed to allow at least
one (1) foot of exposed subgrade on all sides of the excavation to ensure proper restoration of the
surface. Mall bricks shall not be cut, but shall be removed from the brick pattern intact and
stockpiled for reuse. Damaged bricks shall not be reinstalled but must be replaced in accordance
with the fee schedule in Section 21.12.040 of this Chapter (see construction and excavation
standards). (Code 1971, §19-75; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.220. Disposal and handling of excavation material.
All excavated material shall be removed from the site and disposed of by the permittee as the
excavation is made when the City Engineer deems it necessary due to traffic or other conditions. Any
excavated material not removed immediately shall be stockpiled in a location approved by the City
Engineer. (Code 1971, §19- 76; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.230. Backfill.
All backfill shall be free from muck, debris, paving, frozen material or organic matter and
shall be placed uniformly and at optimum moisture content for the required density. Compaction
shall be by mechanical tamping unless water jetting or flooding is specifically approved by the
City Engineer. The completed and compacted backfill shall project slightly in a rounded surface
above the original grade except where a temporary patch is required. For excavations less than one
hundred (100) cubic yards, the permittee may backfill with controlled low strength material or
flowfill if approved by the City Engineer. All backfill material and compaction shall be subject to
inspection by the City Engineer and shall meet all City standards (see construction and excavation
standards). (Code 1971, §19-77; Ord. No. 30-1975, §1; Ord. No. 11-1977,
§1; Ord. No. 15, 2007, §2)
Sec. 21.12.240. Select backfill.
All excavations, cuts, openings or trenches shall be backfilled with imported material
unless native material is approved by the City Engineer (see Engineering Standards).
All trenches shall have a granular subbase or flowable backfill material, free from organic
matter and lumps or balls of clay, consisting of hard, durable particles or fragments of stone or
gravel and a filler of sand or other finely divided mineral matter. Subbase material shall be
compacted and placed in lifts compliant with City standards (see Engineering Standards). (Code
1971, §19-78; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 20-1990, §1; Ord. No. 15,
2007,§2; Ord. No. 43-2013; Ord. No. 2-2019)
Sec. 21.12.250. Cleanup of work site.
The permittee shall remove all excess excavated material, boulders, barricades, signs,
supplies, equipment, rubbish and debris from the work site within three (3) working days. The work
site shall be left in a neat and clean appearance. It is strongly recommended that the permittee take
photos of the condition of the site prior to excavation. In the event that the City cleans up for the
permittee, if for any reason the maintenance bond is inadequate to cover the cost of the work
performed by the City or its contractor to clean the site, the amount of such deficiency or damage
shall be certified to the Finance Director, who shall collect the same from the person to whom the
permit was issued. No further permits shall be granted to that person or anyone else on the person's
behalf until the amount of such deficiency has been paid. (Code 1971, §19-79; Ord. No. 30-1975,
§1; Ord. No. 11-1977, §1; Ord. No. 20-1990, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.260. Responsibility of permittee to provide patch.
Temporary or permanent asphalt patches shall be placed over all backfill for excavations
within paved roadways within twenty-four (24) hours of trench backfilling. Whenever permanent
patches are not constructed within twenty-four (24) hours following trench backfilling operations,
temporary pavement patches must be placed to provide the required number of paved travel lanes.
Temporary pavement patches may be left in place for a maximum of five (5) working days
following completion of backfilling operations unless otherwise approved by the City Engineer. In
paved improvements other than roadways, the temporary patch shall be provided only when required
by the City Engineer (see construction and excavation standards). (Code 1971, §19-80; Ord. No. 30-
1975, §1; Ord. No. 11-1977, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.270. Maintenance of backfill and temporary patch.
All backfill and any pavement or improvement shall be maintained in a satisfactory condition,
and all places showing signs of settlement shall be filled and maintained for a period of twenty-
four (24) months following the date of satisfactory acceptance. When the permittee is notified by
the City Engineer that any backfill, patch or paved improvement is hazardous, he or she shall correct
such hazardous condition at once. If the hazardous condition is not repaired within three (3)
working days after notification, the City may elect to repair the hazardous condition. The expense of
such repair shall be the responsibility of the permittee. Repair by the City will not release the
permittee from responsibility for subsequent failures.
Backhoe equipment outriggers shall be fitted with rubber pads or other like protective material
whenever outriggers are placed on any paved surface. Tracked vehicles that may damage pavement
surfaces shall not be permitted on paved surfaces unless specific precautions are taken to protect
the surface. The permittee shall be responsible for any damage caused to the pavement by the
operation of such equipment. Should the permittee fail to make such repairs within three (3) days to
the satisfaction of the City, the City may repair any damage and charge the permittee.
Any utilities or paved improvements damaged by settlement shall be repaired at once by the
permittee to the satisfaction of the City Engineer. If the damage is not repaired within three (3)
working days after notification, the City may elect to repair the damage. The expense of such repair
shall be the responsibility of the permittee. Repair by the City will not release the permittee from
responsibility for subsequent damage by settlement.
In addition, the permittee shall be responsible for the cost to the City of all claims for
damages made and actions brought against the City for and on account of such damage. (Code
1971, §19-81; Ord. No. 30- 1975, §1; Ord. No. 11-1977, §1; Ord. No. 15, 2007, §2)
Sec. 21.12.280. Responsibility of City to replace paved improvements.
The City shall be responsible for replacing all paved improvements which are damaged or
removed as soon as practicable unless the permittee has elected to do so pursuant to Section
21.12.050 of this Chapter. (Code 1971, §19-82; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord.
No. 15, 2007, §2)
Sec. 21.12.290. Compliance Required.
Any work performed which is not in strict conformity with this Chapter shall, within ten
(10) days after notice to the owner or person who performed the work, be made to conform to
this Chapter at the expense of the owner or responsible party, or the same shall be corrected or
removed by the City at the expense of the owner or responsible party (see Engineering
Standards). (Code 1971, §19-83; Ord. No. 30-1975, §1; Ord. No. 11-1977, §1; Ord. No. 15,
2007,§2; Ord. No. 43-3013; Ord. No. 2-2019)
Sec. 21.12.300. Warranty period.
Any repaving, restoration or improvement shall be warranted by the permittee against all
defects for a period of two (2) years from the completion of such work. (Code 1971, §19-84; Ord.
No. 20-1990, §2; Ord. No. 15, 2007, §2)
Sec. 21.12.310. Termination of project if not expeditiously completed.
All work authorized by a permit shall be commenced at the time specified on the permit and
shall be diligently and continuously performed until completed, with a maximum allowable time of
thirty (30) days. In the event that weather, process of law or any other unexpected obstacles cause
work to be stopped for so long that public travel is unreasonably obstructed, the City Engineer may
order the excavation refilled, compacted and repaved as if the work contemplated in the permit were
actually completed. (Code 1971, §19-85; Ord. No. 20-1990, §2; Ord. No. 15, 2007, §2)
Sec. 21.12.320. Repair to paved streets.
All excavated streets that contain a layer of paving fabric shall be replaced with paving fabric.
Specifications for the paving fabric may be obtained from the City Engineer (see construction and
excavation standards). (Code 1971, §19-86; Ord. No. 20-1990, §2; Ord. No. 15, 2007, §2)
Sec. 21.12.330. Placement of ribbon in utility trenches.
All utility installations must have warning ribbon placed in the trench, eighteen (18) inches
above the cable, pipe or conduit. This applies to all exposed utilities. The tape may be obtained
from the utilities. The color of the tape shall be per industry standards. (Code 1971, §19-87; Ord.
No. 20-1990, §2; Ord. No. 15, 2007, §2)
Sec. 21.12.340. Repaving.
In the case of excavations requiring repaving, the permittee shall follow all applicable City
standards. The City Engineer shall have sole discretion concerning the quality and acceptance of a
paved improvement. No certificate of occupancy shall be issued for a project that has unacceptable
paved improvements or patches (see Engineering Standards). (Code 1971, §19-88; Ord. No. 20-
1990, §2; Ord. No. 15, 2007§2; Ord. No. 2-2019)
Sec. 21.12.350. Restrictions to protect pedestrian and vehicular traffic.
No opening or excavation shall be undercut or have a greater width at the bottom than the
top. In no case shall more than one-half (½) of the width of any street, alley or other public place be
opened or excavated at any one (1) time and, in all cases, one-half (½) of such street, alley or
other public place shall remain untouched for the accommodations of traffic until the other one-
half (½) is restored for safe use unless otherwise authorized by the City Engineer. All such
work shall be performed in such a way as to cause minimum inconvenience and restriction to the
public and both pedestrian and vehicular traffic. (Code 1971,
§19-89; Ord. No. 20-1990, §2; Ord. No. 15, 2007, §2)
Sec. 21.12.360. As-built drawings required.
After completion of an approved project, the applicant shall furnish a mark-up of the map showing all
utilities encountered during the excavation, their size, identification and location, based on swing ties
to fixed monuments such as manholes, streetlights, curbs and their depths below the surface of
the street, alley or sidewalk area. This mark-up shall also identify any new improvements made to
the area, including but not limited to utility connections, sidewalks, driveways, etc. These as-builts
may also be submitted in a digital format acceptable to the Engineering Department. (Code 1971,
§19-90; Ord. No. 20-1990, §2; Ord. No. 54- 1995, §5; Ord. No. 15, 2007, §2; Ord. No. 43-2013)
Sec. 21.12.370. Excavation under existing curb, gutter and sidewalk.
If any excavation occurs under existing curb, gutter or sidewalk, that curb and gutter and
sidewalk shall be removed and replaced. The replacement shall be from the nearest concrete joint.
The curb, gutter and sidewalk must be replaced within seven (7) working days after the excavation
is complete. The permittee may bore under curb, gutter and sidewalk and not have to replace it
if approved by the City Engineer (see construction and excavation standards). (Code 1971, §19-
91; Ord. No. 20-1990, §2; Ord. No. 15, 2007, §2)
Sec. 21.12.380. Dust control.
It shall be the permittee's responsibility to control dust at the excavation site. Dust control
measures shall occur as often as necessary as determined by the City Engineer. (Code 1971, §19-92;
Ord. No. 20-1990,
§2; Ord. No. 15, 2007, §2)
Sec. 21.12.390. Violation; penalty.
Any violations of this Title are punishable by a fine, imprisonment or both a fine and
imprisonment, as set forth in Section 1.04.080 of this Code, or revocation of the violator's builder's or
excavating license, or any combination of such fine, imprisonment and revocation.
Each such person is guilty of a separate offense for each and every day during any portion of
which any violation of any provision of the ordinances of the City is committed, continued or
permitted by any such person and shall be punished accordingly. (Code 1971, §19-93; Ord. No. 20-
1990, §2; Ord. No. 12-1996, §12; Ord. No. 15, 2007, §2)
Sec. 21.12.400. Appeal procedures.
(a) Initiation. Any applicant aggrieved as a result of the denial of a permit requested
pursuant to Chapter 21.12, by the City Engineer may appeal such adverse decision or determination and
shall initiate the appeal by filing a notice of appeal on a form prescribed by the City Engineer. The
notice of appeal shall be filed with the City Engineer within fourteen (14) days of the date of the
decision or determination being appealed. Failure to file such notice of appeal within the prescribed
time shall constitute a waiver of any rights under this Title to appeal any decision or determination.
(b) Effect of filing an appeal. The filing of a notice of appeal shall stay any proceedings in
furtherance of the action appealed from unless the City Engineer certifies in writing to the
Administrative Hearing Officer that a stay poses an imminent peril to life or property, in which case the
appeal shall not stay further proceedings. The Administrative Hearing Officer may review such
certification and grant or deny a stay of the proceedings.
(c) Administrative Hearing Officer. The Administrative Hearing Officer shall have the
authority to hear an appeal from any decision or determination made by an administrative official
unless otherwise specifically stated in this Title.
(d) Timing of appeal. The decision-making body authorized to hear the appeal shall
consider the appeal within thirty (30) days of the date of filing the notice of appeal or as soon thereafter
as is practical under the circumstances.
(e) Notice requirements. Notice of the appeal shall be provided by mailing to the appellant
and by publication to all other affected parties. (See Subsection 26.304.060[E]).
(f) Standard of review. Unless otherwise specifically stated in this Title, the decision-
making body authorized to hear the appeal shall decide the appeal based solely upon the record
established by the body from which the appeal is taken. A decision or determination shall be not be
reversed or modified unless there is a finding that there was a denial of due process or the
administrative body has exceeded its jurisdiction or abused its discretion.
(g) Action by the decision-making body hearing the appeal. The decision-making body
hearing the appeal may reverse, affirm or modify the decision or determination appealed from and, if
the decision is modified, shall be deemed to have all the powers of the officer, board or commission
from whom the appeal is taken, including the power to impose reasonable conditions to be complied
with by the appellant. The decision-making body may also elect to remand an appeal to the body that
originally heard the matter for further proceedings consistent with that body's jurisdiction and directions
given, if any, by the body hearing the appeal. The decision shall be approved by written resolution. All
appeals shall be public meetings. (Ord. No. 2-2019)
Chapter 21.16
SIDEWALK, DRIVEWAY, CURB AND GUTTER
Sec. 21.16.010. Permit required.
No sidewalk, driveway, curb, gutter or related street improvement required by this Chapter
shall be constructed or repaired without complying with the requirements of Chapter 21.12. (Code
1971, §19-96; Ord. No. 30-1975, §1; Ord. No. 15, 2007, §3)
Sec. 21.16.020. Construction to comply with standard specifications.
All sidewalk, driveway, curb and gutter construction shall be in accordance with the City's
Engineering Standards for the same on file in the office of the City Engineer. Any sidewalk,
driveway, curb and gutter construction that does not comply with the standards set forth by the
Engineering Department, at the sole determination of the City Engineer, shall be replaced with
compliant construction. (Code 1971, §19-97; Ord. No. 30-1975, §1; Ord. No. 15, 2007, §3; Ord. No.
2-2019)
Sec. 21.16.030 Construction of sidewalk, curb and gutter required for all construction in
certain districts.
The Building Inspector shall not issue a certificate of occupancy or certificate of completion for any
construction unless sidewalk, curb and gutter have been constructed as required by the Engineering
Standards. (Code1971, §19-98; Ord. No. 30-1975, §1; Ord. No. 27-1982, §2; Ord. No. 15, 2007,
§3; Ord. No. 2-2019)
Sec. 21.16.040. Reservation of funds for construction of sidewalk, curb and
gutter.
If the weather prevents construction of the improvements required by Section 21.16.030
above at the time of completion of the principal improvements, the Building Inspector may issue a
certificate of occupancy after funds have been escrowed for the construction of the same. The
amount of the escrow shall be determined by the City Engineer and shall be at least one
hundred percent (100%) of the current cost of construction. The escrow agreement shall in no way
relieve the owner of the responsibility for construction of
the improvements when it shall become practicable. (Code 1971, §19-99; Ord. No. 30-1975, §1;
Ord. No. 15, 2007, §3)
Sec. 21.16.050. Procedures when not feasible to construct sidewalk, curb and gutter.
If the City Engineer deems that the construction of improvements required by Section
21.16.030 above is inappropriate at the time of completion of the principal improvements due to
existing conditions or future City plans, the Building Inspector may issue a certificate of
occupancy after the owner of the property has complied with one (1) of the following:
(a) The owner shall have escrowed funds as required in Section 21.16.040. This
procedure shall be used only if it appears feasible that the improvements will be constructed
within three (3) years. In the event that the improvements are not made within three (3)
years, the escrowed funds shall be released, and the owner shall enter into an agreement as
required in Subparagraph (b) of this Section.
(b) If existing improvements or conditions make construction of sidewalk, curb and
gutter within three (3) years unfeasible, the owner shall have entered into an agreement with
the City whereby he or she shall agree to construct or pay for the construction of said
improvements when the City deems their construction necessary and feasible. This
agreement shall be a covenant running with the land. (Code 1971, §19-100; Ord. No. 30-
1975, §1; Ord. No. 15, 2007, §3)
Sec. 21.16.060 Driveway and curbcut specifications.
All driveway and curbcut plans shall conform to City standards (see Engineering
Standards).
No driveway or curbcut shall be allowed on State Highway 82 or other designated
arterial where public alley access exists, anything to the contrary notwithstanding. (Ord. No. 2-
2019)
Sec. 21.16.070. Variations in driveways and curbcuts allowed for unusual conditions.
Under unusual conditions of topography, drainage, existing landscaping or improvements on
City rights-of-way, existing buildings or improvements on private property or special use
requirements for the property, a variance from the requirements in Section 21.16.060 above for
driveways and curb cuts may be given by the City Engineer upon filing a written application
and a plot plan showing the building site and special conditions existing thereon. Any person
aggrieved of a decision by the City Engineer under this Section may seek a variance from the
A d mi n i s t r a t i v e H e a r i n g O f f i c e r pursuant to the procedures set out in Chapter
26.108 of this Code except to the extent set forth herein. (Code 1971, §19- 102; Ord. No. 30-
1975, §1; Ord. No. 76-1990, §3; Ord. No. 15, 2007,
§3; Ord. No. 43-2013)
Sec. 21.16.080. Responsibility to repair sidewalks, driveways and gutters.
When notified that any sidewalk, driveway, curb, gutter or any combination thereof, in front
of, abutting upon or servicing any premises shall be in need of repair, the City Engineer shall
cause notice to be served upon the owner or other person in charge of or having the control and
supervision of the premises to repair such sidewalk, driveway, curb or gutter within thirty (30)
days. It shall be unlawful for any person to fail or refuse to comply with such notice to repair.
Upon a failure or refusal to comply with such a notice to repair, the City Engineer may repair
the same by day's work or by contract, and the cost of such repair may be assessed upon and
made a lien upon the land so benefited. In addition thereto, the City may cause an action to be
instituted against the owner or the person in charge of the premises upon whom such notice was
served in any court of competent jurisdiction to recover such costs. All such remedies shall be
cumulative. (Ord. No. 42-1999, §1 [part]; Ord. No. 15, 2007, §3)
Sec. 21.16.090. Definition of sidewalk in need of repair.
For the purpose of this Chapter, a sidewalk in need of repair shall mean a sidewalk in
any of the following conditions:
(a) Concrete that is spalling or crumbling.
(b) Vertical displacement of the adjoining sidewalk section is in excess of half (1/2) inch;
(c) Lateral displacement of adjoining sidewalk section is in excess of half (1/2) inch; or
(d) The sidewalk has a transverse slope in excess of one (1) inch per foot or the
combination of transverse and longitudinal grade is insufficient for adequate
drainage of the sidewalk causing accumulation of water and ice. (Ord. No. 42-1999,
§1 [part]; Ord. No. 15, 2007, §3; Ord. No. 2-2019)
Chapter 21.20
TREES AND LANDSCAPING ON PUBLIC RIGHT-OF-WAY1
1 Editor's note— Ord. No. 30-1975, §1, repealed Art. V, §§19-121—19-135, pertaining to trees on
public property and enacted in lieu thereof a new Art. V, §§19-121—19-127 [Ch. 21.20], as herein
set out. Former Art. V was derived from Code 1962, §§8-5-1—8-5-5 and Ord. No. 14-1970.
Sec. 21.20.010. Approval required for landscaping in sidewalk area.
All trees, shrubs, foliage and other landscaping planted in the sidewalk area or other public
right-of-way shall be approved as to location and type by the City Engineer and the Director of Parks
in accordance with the provisions of this Chapter and the following considerations:
(a) Location, arrangement and species shall conform to the adopted street landscaping plan.
(b) Special consideration shall be given to the problem of drainage and snow removal.
(c) Location and arrangement shall provide for pedestrian access.
(d) Location shall be such as not to obstruct corner sight distances at intersections.
(e) Coordination of landscaping on public rights-of-way with required open or landscaped
areas on private property so as to achieve the most effective use of the total area. (Code 1971, §19 -
121; Ord. No. 30-1975, §1; Ord. No. 36-1976, §1)
Sec. 21.20.020. Landscaping required for new construction.
For all new construction landscaping shall be provided in the sidewalk area or public right-of-
way adjoining the building site in accordance with the adopted street landscaping plan. (Code 1971,
§19-122; Ord. No. 30-1975, §1)
Sec. 21.20.030. Specifications for landscaping in sidewalk area.
Landscaping and planting areas shall meet the following specifications:
(a) Planting areas at sidewalk grade adjoining the curb shall be a minimum of four (4) feet
in width.
(b) Planting areas provided in paved areas shall be a minimum of three (3) feet in diameter
or eight (8) square feet in area.
(c) Trees planted at sidewalk grade shall be provided with tree grates and trunk protectors
at least four (4) feet in height.
(d) Elevated planting areas are preferred in Commercial Districts and where provided,
shall be a minimum of twenty (20) inches above sidewalk grade.
(e) Gravel, crushed stone, washed rock and similar materials shall not be allowed in the
sidewalk area at grade. Such materials shall not be allowed in lieu of landscaping unless
approved as part of an overall plan.
(f) When any area is paved, a minimum of twelve (12) inches of unsurfaced area shall be
left around the base of all existing trees. (Code 1971, §19-123; Ord. No. 30-1975, §1)
Sec. 21.20.040. Property owner responsibility for landscaping after construction.
Whenever the landscaping in any portion of the sidewalk area or other public rights-of-way is
disturbed by construction or excavation related to construction on private property, the owner of the
property shall be responsible for landscaping the damaged right-of-way in accordance with the
provisions of this Chapter. (Code 1971, §19-124; Ord. No. 30-1975, §1)
Sec. 21.20.050. Property owner responsible for maintenance of landscaping in adjoining
right-of-way.
The property owner shall be responsible for maintaining the landscaping in that portion of the
sidewalk area or other public right-of-way which adjoins his or her property; provided that the City
shall be responsible for the pruning or removal of any trees which are not under any guarantee of the
owner. Maintenance shall include mowing, trimming and planting of annual plants if such is required
by the landscape plan. (Code 1971, §19-125; Ord. No. 30-1975, §1)
Sec. 21.20.060. Approval required for paving of planting areas.
Planting areas provided in accordance with an approved landscape plan shall not be paved
without the approval of the Director of Parks. (Code 1971, §19-126; Ord. No. 30-1975, §1; Ord. No.
36-1976, §2)
Sec. 21.20.070. Requirements for removal of trees; approval required.
It shall be unlawful for any person, whether a property owner or not, to cut or remove trees
situated upon City property, streets or other public rights-of-way without first obtaining written
approval from the Director of Parks. Grant or denial of approval shall be based upon the adequacy of
the replanting plan as relates to the number, size and species of new trees; guarantees for restoration
of any other landscaping; indemnification of the City against any claims arising from damage to
public or private property or injury to persons; and any other conditions the Director of Parks shall
deem pertinent. (Code 1971, §19-127; Ord. No. 30-1975, §1; Ord. No. 36-1976, §3)
Sec. 21.20.080. Requirements of conservation of water in landscaping on public rights-of-
way.
The Director of Parks shall develop and implement a conservation and irrigation program to
increase the efficiency of water use on public open space areas including parks, greenbelts, public
golf courses, roadway right-of-way plantings, street medians and all other public open spaces.
The program shall include, as a minimum, the following:
(a) Limiting to functional areas of heavy pedestrian traffic, such as ball fields or areas
proximal to entryways, the locations on which frequently irrigated and mowed turf such as
bluegrass is to be maintained and restricting the use of turf in median strips;
(b) Ensuring the use of efficient irrigation techniques and systems, including the limitation
of landscape irrigation between the hours of 11:00 a.m. and 3:00 p.m.; employing the use of
nonpotable water supplies and water reuse where such supplies and water reuse are available
for irrigation of areas exceeding ten (10) acres; and using seasonally variable irrigation
schedules which match the evapotranspiration needs of the plants being irrigated;
(c) Analyzing and improving soil on the site to maximize moisture availability for plant
intake and to increase soil moisture penetration and retention;
(d) Using mulches to reduce water needs and weed growth and to check soil erosion;
(e) Using lower water-demand plants, ground cover and grass species to reduce water
usage;
(f) Planning for routine maintenance such as weed control, pruning and irrigation system
adjustments so as to reduce water usage; and
(g) Using evapotranspiration data, when available, to determine water needs. (Code 1971,
§ 19-128; Ord. No. 37-1991, § 4)
Chapter 21.24
PERMITS FOR SKI STORAGE RACKS ENCROACHING OR LOCATED UPON
PUBLIC RIGHTS-OF-WAY
Sec. 21.24.010. Permit for installing and operating ski storage rack encroaching or
located upon public right-of-way; qualification; application.
The owner of any business conducted within the City for which a business license has been
issued may apply to the City Engineering Department for a permit to install, operate and maintain a
ski storage rack on the outside wall of the building in which his or her business is located or in such
other area as may be approved by the City Engineering Department, for purposes of temporary
storage of skis by the general public. The application shall be made upon the form provided by the
City Engineering Department and shall include an affidavit signed by the applicant (and by the owner
of the building if the applicant is a lessee) stating the name of the applicant and of the owner of the
building, the name and address of the business and such other additional information as the City
Engineering Department may reasonably require from time to time and stating further that the
applicant (and owner, if not the applicant) agrees to save, defend and hold harmless the City from all
liabilities or claims due to loss, damage, theft or injury of or to persons or property arising from the
use of such rack and stating further that the applicant agrees to comply with the provisions of this
Chapter and with all regulations which may be promulgated from time to time by the City
Engineering Department in connection with the installation, operation, maintenance and use of such
racks. The application shall be accompanied by the full amount of the fee required for such permit
and by an accurate drawing of the proposed rack showing the design and location thereof. (Code
1971, § 19-141; Ord. No. 3-1973, § 1)
Sec. 21.24.020. General specifications for ski storage racks.
In addition to whatever regulations the City Engineering Department may from time to time
promulgate in connection with such racks, all ski storage racks shall:
(a) Be fitted with functional locks and be of such structural design as shall be approved by
the City Engineering Department.
(b) Be so designed and constructed as to harmonize as closely as possible with the
buildings to which they are attached or with whatever other approved area they may be located
upon.
(c) If of the wall-mounted type, allow a minimum clearance for purposes of snow removal
and ordinary sidewalk traffic of at least six (6) feet between the nearest curb and the furthest
protrusion of the rack and of at least six (6) inches from the lowest part of the rack and of the
ski carried by such rack and sidewalk.
(d) Clearly display the name, address and phone number of the applicant-operator of the
rack.
(e) Be maintained in an operable condition at all times. (Code 1971, § 19-142; Ord. No.
3-1973, § 1)
Sec. 21.24.030. Fees; expiration of permit.
The fee for the permit required by this Chapter shall be as prescribed at Subsection 2.12.050(e)
of this Code, which fee shall be paid to the Director of Finance on or before February 1 st of each and
every year. The permit required by this Chapter shall automatically expire on February 1st of any
year for which the permit fee has not been paid for the next year as above required. (Code 1971,
§ 19-143; Ord. No. 3-1973, § 1; Ord. No. 77-1992, § 10)
Sec. 21.24.040. Termination of permit; removal of racks.
The occurrence of any of the following events shall cause the automatic revocation and
termination of a permit issued under the provisions of this Chapter and the ski storage rack installed
under such permit shall be completely removed by the permit holder within ten (10) days following
the termination thereof, to wit:
(a) Termination of the permit holder's right to occupy the building space described in the
permit application or the permanent removal of the permit holder's business from such space.
(b) The failure of the permit holder to remedy any violations of this Chapter or of the
regulations promulgated hereunder within ten (10) days following receipt by the permit holder
of written notice from the City Engineering Department that such violations have occurred.
(c) The receipt by the permit holder of written notice from the City Engineering
Department that the City has provided adequate public ski storage in malled areas or other
public places. (Code 1971, § 19-144; Ord. No. 3-1973, § 1)
Sec. 21.24.050. Permit required; violation of Chapter provisions or regulation; separate
offense for each day's violation.
The installation or operation of any ski storage rack which encroaches or is located upon a
public right-of-way (a) without first having procured a permit from the City so to do or (b) in
violation of any of the provisions of this Chapter or of any regulation promulgated hereunder by the
City Engineering Department or the failure to remove a rack within ten (10) days following the
termination of the related permit, shall constitute a violation of this Chapter and shall be deemed a
separate violation hereof for each and every day that such violation continues. Any such violation
shall be unlawful and shall be subject to criminal prosecution in the Municipal Court of the City.
(Code 1971, § 19-145; Ord. No. 3-1973, § 1)Chapter 21.26
COMPLETE STREETS
Sec. 21.26.010. Purpose.
To ensure that all residents and visitors of Aspen can safely walk, bicycle and have easy
access to transit as part of their daily routine.
To improve quality of life and community character by minimizing and mitigating the
impacts of vehicle traffic on residents and visitors.
To support the City’s environmental stewardship goals of improving air quality, lowering
greenhouse gas emissions, reducing noise and increasing renewable energy use.
To ensure the safety of motorists.
Sec. 21.26.020. Principals.
The following guiding principles are to ensure that transportation improvements are planned,
designed and constructed to encourage walking, bicycling and transit use while promoting safe
operations for all users:
(a) Plan for, design and construct all new transportation improvement projects to provide
appropriate accommodation for pedestrians, bicyclists, transit riders, and persons of all
abilities, while promoting safe operation for all users.
(b) Operate and maintain the transportation network to improve travel conditions for
bicyclists, pedestrians, transit, and motorists in a manner consistent with, and supportive
of, the surrounding community;
(c) Improvements will include an array of facilities and amenities including: street and
sidewalk lighting; pedestrian and bicycle safety improvements; intersection
improvements; access improvements, including compliance with the Americans with
Disabilities Act; public transit facilities accommodation including, but not limited, to
pedestrian access improvement to transit stops and stations; street trees and landscaping;
drainage; and street amenities;
(d) Implement these policies with a master plan approach recognizing that all streets are
different and in each case user needs must be balanced
Sec. 21.26.030. Evaluation of New Projects.
The Pedestrian and Bike Safety Team ( which consists of various internal departments
including Engineering, Police, Parking, Streets, Asset, Environmental Health, and Transportation
departments) will provide input as to how pedestrians, bicycles and transit use can be
accommodated. This will include but not be limited to street and sidewalk lighting; pedestrian and
bicycle safety improvements; intersection improvements; access improvements, including
compliance with the Americans with Disabilities Act; public transit facilities accommodation
including, but not limited, to pedestrian access improvement to transit stops and stations; street
trees and landscaping; drainage; and street amenities.
After a new project, improvement or recommendation is implemented, staff will evaluate its
impacts which may include issues such as: traffic speeds; traffic diversion onto other streets;
pedestrian or bicycle conflicts or other issues. Any unacceptable impacts will be identified and
evaluated with recommendations made to correct problems.
(Ord. No. 43, 2013)
Chapter 21.28
LOCAL PUBLIC IMPROVEMENTS1, 2
1 Editor's note—Ord. No. 43-1985, § 1, repealed Art. VII of Ch. 19 and enacted in lieu thereof a
new Art. VII [Ch. 21.28] to read as herein set forth. Formerly Art. VII, consisting of §§ 19-150—
19-159, provided procedures for establishing sidewalk improvements districts and was derived from
Ord. No. 30-1973, § 1 as amended by Ord. No. 30-1975, § 2.
2 State law reference—Public improvements, Section 31-25-101 et seq. C.R.S.
Sec. 21.28.010. City to contract.
The City shall have the power to contract for, construct or install special or local public
improvements; to assess the cost thereof, wholly or in part, against the property specially benefited;
to make and contract for a local public improvement, to pay from any lawful fund that portion of the
cost which is general public benefit and to accept contributions or grants-in-aid to supply the whole
or any part of the cost apportioned to the City or to accept and apply such contribution or grants in
aid wholly or in part to the credit of the appropriate public improvement district. (Code 1971, § 19-
150; Ord. No. 43-1985, § 1)
Sec. 21.28.020. Contract.
(a) Where the cost of local public improvements is to be assessed wholly or in part upon the
property benefited, the improvements shall be constructed by independent contract or contracts,
subject to the requirements of this Section. All such contracts shall be let by the City Manager, with
the approval of the City Council, to the lowest reliable and responsible bidder after publication of
notice to bidders, once a week for two (2) consecutive weeks by two (2) ins ertions in a newspaper of
general circulation within the City and such other newspaper or newspapers as may be designated by
the City Council. The right to reject any and all bids shall be reserved. No contract shall be made
without bond for its faithful performance with sufficient surety or sureties thereon.
(b) Upon notice and for substantial cause, the work under such contracts may be immediately
suspended or terminated by the City Council or the City Manager.
(c) The City Manager may impose such conditions upon bidders as the City Manager may
deem appropriate.
(d) Upon default in the performance of any contract, the City Manager may advertise and let a
contract for the uncompleted work in a like manner and without further ordinance and may charge the
cost thereof to the original contractor upon his or her contract and when a deficiency shall in such
case occur, the City Manager, with the approval of the City Council, may advance the amount thereof
out of any available funds in the City and recover the same by suit on the original contract and bond.
(Code 1971, § 19-151; Ord. No. 43-1985, § 1)
Sec. 21.28.030. Assessment of property.
When the cost of a local improvement is to be assessed wholly or in part upon the property
benefited, the cost shall be assessed in proportion to benefits received. The assessments may be in
proportion as the frontage of each lot or tract of land is to the frontage of all the lots and lands so
improved, may be in proportion as the area of each piece of real estate in the district is to the area of
all the real estate in the district, may be set by the establishment of zones based upon the proximity of
each zone to the improvement to be made, may be borne equally by the total number of platted sites
in a residential development without computing the common areas as a site or may be established by
any other method that will result in assessments being equitable in proportion to benefits received.
All costs for any improvement may be spread to all properties in the improvement district. If, at the
time of the passage of the ordinance authorizing any improvement, any piece of real estate has the
whole or any part of the proposed improvement conforming to the general plan and acceptable to the
City Engineer, the existing improvement may be adopted in whole or in part or necessary changes
thereof may be made to make the same conform to the general plan and the owner of such real estate
shall, when the assessment is made, be credited with the amount which is saved by reason of adopting
or adapting such existing improvement. (Code 1971, § 19-152; Ord. No. 43-1985, § 1)
Sec. 21.28.040. Initiation of improvement.
Where the cost of a local public improvement is to be assessed wholly or in part upon the
property benefited, the improvement may be initiated by the owners of more than fifty percent (50%)
of the area of the proposed district, including at least fifty percent (50%) of the landowners residing
in the district or may be initiated by order of the City Council without receiving a petition therefor,
subject however, to protest by the landowners of more than fifty percent (50%) of all property
benefited and constituting the basis of the assessment as the City Council may determine. (Code
1971, § 19-153; Ord. No. 43-1985, § 1)
Sec. 21.28.050. Rules of petition.
(a) Petitions for a proposed improvement shall describe the real property owned by each
signer being benefited by the proposed improvement; shall state the nature and location of the
proposed improvement and the proposed maximum unit cost thereof, which unit cost shall be
exclusive of the costs of collection of the assessments, of other incidentals and all interest on any
bonds issued in payment of construction and other costs from the time of issuance of said bonds to
the time that interest commences on assessments; shall authorize the advertising of the proposed
improvement for remonstrances if a preliminary, informal estimate of the City Engineer indicates that
the cost of the proposed improvement will not exceed by more than ten percent (10%) the maximum
unit cost set forth in the petition; shall state that the petitioners will not challenge the formation of the
district or the imposition of assessments for reasons other than errors in mathematical computations
and shall authorize an increase of the proposed maximum unit cost by not more than ten percent
(10%) thereof and the assessment of such increase if the estimate of the City Engineer determines
that such increase is necessary.
(b) All signatures on petitions shall be subscribed and acknowledged in the manner provided
by law for acknowledgement of deeds of conveyance of real estate; provided, however, that the
signature of any owner or owners of real property may be attached to a petition by their agents duly
authorized by Power of Attorney accompanying the petition. No petitioner, his or her heirs or
assigns, shall be permitted to withdraw from a petition after such petition has been filed with the City
Manager unless the proposed improvement is not advertised for remonstrances within nine (9)
months from the filing of the petition with the City Manager and any petitioner who fails to withdraw
prior to advertising shall be deemed to have waived his or her right to withdraw. (Code 1971, § 19-
154; Ord. No. 43-1985, § 1)
Sec. 21.28.060. Public notice of proposed improvement.
(a) In all cases where the cost of local public improvements is assessed wholly or in part upon
property benefited, public notice of the proposed improvements, either individually or in groups and
of a hearing or hearings on the proposed improvements shall be given by publication in one (1) issue
of a newspaper of general circulation in the City, the publication t o be at least fifteen (15) days prior
to the date of the hearing. The same notice of hearing shall be mailed by first class mail to the
owners of record of all real estate within the proposed district who are to be assessed for the cost of
improvements, as such owners of record are determined by reference to the current records in the
office of the County Assessor as such records are kept by that official for the purpose of performing
the function of county assessor.
(b) The mailed notice shall be made on or about the date of publication of the notice of
hearing. The notices shall specify the kind of improvements which are proposed; the property to be
included within the district and benefited by the proposed improvements; the proposed method or
methods of assessment; the manner of payment therefor including the proposed number of annual
installments; the date, place and time for hearing written remonstrances to the proposed
improvements; and that a map and schedule showing the approximate cost of the improvements as
provided by the estimates of the City Engineer are on file and can be seen and examined by any
interested person at the office of the City Clerk or other designated place before the date of the
hearing. (Code 1971, § 19-155; Ord. No. 43-1985, § 1)
Sec. 21.28.070. Hearing of advertised proposed improvements.
(a) On the day and at the time and place specified in the notice, the City Manager shall
conduct a hearing for the purpose of considering the desirability of and the need for the proposed
improvements. If, for any reason, the hearing is postponed and not held until a later hour or date,
written remonstrances to a proposed improvement shall be accepted up to the opening of the
postponed hearing session. Otherwise, such written remonstrances must be filed prior to the date and
hour of the original hearing.
(b) All written remonstrances to a proposed improvement shall be subscribed and
acknowledged in the same manner as is required for petitions for proposed improvements. No person
who has signed his or her name for an improvement shall be permitted to sign a remonstrance to the
same improvement unless such person has regularly withdrawn from such petition as herein
provided.
(c) If a duly executed, written remonstrance is timely filed by persons constituting the owners
of the property to be assessed for more than fifty percent (50%) of the proposed improvements, the
proposed improvements to such property shall not be operated.
(d) After the hearing and subject to the foregoing limitations, the City Manager shall enter an
order approving those improvements which the City Manager considers proper and disapproving
those proposed improvements which the City Manager considers improper.
(e) All proceedings by the City Manager may be modified or rescinded wholly or in part at
any time prior to the passage of the ordinance authorizing the improvements, provided that no
substantial change in the district, preliminary plans, specifications or estimates shall be made after the
publication of notice to property owners, except the deletion of improvements and property from the
proposed district and provided further that the City Manager shall have the right to make minor
changes to the time, plans, specifications or estimates concerning the proposed improvements at any
time before the improvements are complete. Any objections to the regularity, validity or correctness
of the proceedings and instruments taken or correctness of the proceedings and instruments taken,
adopted or made prior to the date of said hearing shall be deemed to be waived unless presented by
remonstrance at the time and in the manner herein specified. (Code 1971, § 19-156; Ord. No. 43-
1985, § 1)
Sec. 21.28.080. Formation.
Upon fulfillment of the hearing requirements of this Chapter, the City Engineer shall combine
into suitable construction units those proposed local improvements which have been approved by the
City Manager following said hearing. Each construction unit, whether or not composed of
contiguous parcels, shall constitute a Special or Local, Public Improvement District or shall be
combined into a single district with multiple construction phases and shall be so referred to
hereinafter. In the formation of such Special Improvement District or Districts, the City Engineer
shall make such combination as, in the City Engineer's judgment, will make for efficiency in
construction and which will result in the lowest possible construction cost. For each such Special
Improvement District, the City Engineer shall submit to the City Manager the following:
(1) A detailed estimate of the total cost of the improvements exclusive of the costs of
collection, incidentals, interest on bonds and costs of bond issuance;
(2) A detailed estimate of the cost of each major type of improvement included within the
district exclusive of the costs of collection, incidentals, interest on bonds and costs of bond
issuance;
(3) The estimated time of construction;
(4) Full details and specifications for the construction of the proposed improvements,
which details and specifications shall permit and encourage competition among bidders; and
(5) A map showing the real property to be assessed for the cost of construction and that
portion, if any, which is either to be paid by the City or otherwise not assessed for the
improvements. (Code 1971, § 19-157; Ord. No. 43-1985, § 1)
Sec. 21.28.090. Approval.
(a) Whenever the City Manager approves a Special Improvement District following the
procedures set forth herein, the City Manager shall cause to be prepared and submitted to the City
Council an ordinance authorizing the creation of the district and the construction of the proposed
improvements.
(b) The finding by ordinance of the City Council that said improvements were duly ordered
after notice duly given and after hearing duly held as required pursuant to this Chapter, that a petition
was presented, that the petition was subscribed by all or the required number of owners or that a
remonstrance was or was not filed shall be conclusive of the facts so stated in every court or tribunal.
(Code 1971, § 19-158; Ord. No. 43-1985, § 1)
Sec. 21.28.100. Owners of abutting real estate.
Before beginning construction, the City Manager may order the owners of the abutting real
estate to connect their several premises with the gas, water and sewer mains or with any other
conduits in the street or alley adjacent to their premises. In case of a failure or refusal by the owners
of the abutting real estate to make the ordered connections, such connections shall be made incidental
to the authorized construction and the cost thereof shall be assessed upon the appropriate abutting real
estate. (Code 1971, § 19-159; Ord. No. 43-1985, § 1)
Sec. 21.28.110. Statement of expenses; apportionment; notice of hearing on assessments.
(a) Upon completion of any local improvement, upon completion from time to time of any
part thereof and upon acceptance thereof by the City Manager or when the total cost of any
improvement or of any such part thereof, can be definitely ascertained either prior to or after
commencement of construction, the City Manager shall cause to be prepared a statement showing the
whole cost of the improvement and the portion thereof, if any, to be paid by the City, including an
amount not exceeding six percent (6%) additional for the cost of inspection, collection and other
incidentals and also including interest on the bonds issued to the time of payment of the first
installment of the assessments, apportioning said costs, after deducting the amount, if any, to be paid
by the City, upon each lot or tract of land to be assessed for same, which statement shall be filed in
the office of the City Clerk. In determining the whole cost of the local improvement, there shall be
included therein without limitation of the generality of the foregoing, the cost of constructing or
otherwise acquiring such improvements or property and rights-of-way therefor, contingencies,
engineering and clerical services, supplies, inspection, processing, collection of assessments,
advertising, printing, interest on bonds until interest on assessments commences to defray such fiscal
services, legal services and other incidental and administrative costs.
(b) The City Clerk shall give notice that the assessment roll has been completed and of a
hearing on the assessment roll by publication in one (1) issue of a newspaper of general circulation in
the City, the publication to be at least fifteen (15) days prior to the date of the hearing. The same
notice of hearing shall be mailed by first class mail to the owner of each property to be assessed for
the cost of the improvements. The mailed notice shall be made on or about the date of the
publication of the notice of hearing. The notices shall specify that said improvements have been or
are about to be completed and accepted or that a contractor has or is about to be selected for the work
and that the cost of the improvements can now be ascertain ed; the whole costs of the improvements;
the portion, if any, to be paid by the City; the share apportioned to each lot or tract of land; that any
complaints or objections which may be made in writing by the property owners or any citizen to the
City Council and filed in writing on or prior to the date and hour of the hearing will be heard and
determined by the City Council before the passage of any ordinance assessing the cost of said
improvements; and the date and place where such complaints or objections will be heard. Any
complaint or objection to the regularity, validity or correctness of the proceedings or of said proposed
apportionment or of any assessment based thereon and the amount thereof levied on each tract and
parcel of land shall be deemed waived unless presented in writing at the time and in the manner
herein specified. (Code 1971, § 19-160; Ord. No. 43-1985, § 1)
Sec. 21.28.120. Complaints.
At the time specified in the notice or at a properly adjourned time, the City Council, sitting as a
board of equalization, shall hear and determine all written complaints and objections filed with the
City and may confirm the apportionment proposed or make any modifications which may seem
equitable and just. After the consideration of all complaints and objections to the apportionment, if
any change in the apportionment shall be made by the Council, it shall certify such change to the City
Manager who shall prepare a new apportionment and an assessing ordinance in accordance therewith
and shall transmit same to Council. The assessing ordinance shall assess the cost of the improvement
against the real estate to be assessed in the district in the proportion finally determined. The passage
of the assessing ordinance shall be prima facie evidence of the fact that the property assessed is
benefited in the amount of the assessment and that the assessments have been lawfully made. (Code
1971, § 19-161; Ord. No. 43-1985, § 1)
Sec. 21.28.130. Assessment roll.
The City Clerk shall, from said ordinance, prepare a local assessment roll in book form
showing in suitable columns each piece of real estate assessed, the amount of the assessment, the
amounts of each installment of principal and interest if, pursuant to this Chapter, the same is payable
in installments and the date when such installments will become due, with suitable columns for use in
case of payment of the whole amount or of any installment or penalty and the City Clerk shall deliver
the same duly certified to the Finance Director for collection. (Code 1971, § 19-162; Ord. No. 43-
1985, § 1)
Sec. 21.28.140. Lien against property.
(a) From the date of the final publication of the assessing ordinance, all assessments made
pursuant thereto shall be a lien in the several amounts assessed against each lot or tract of land and
such assessments shall have priority over all other liens except general taxes. As to any subdivisions
of any real estate assessed pursuant thereto, the assessments in each case shall be a lien upon all the
subdivisions in proportion to their respective areas. No delays, mistakes, errors, defects or
irregularities in any act or proceeding authorized herein shall prejudice or invalidate any final
assessment, but the same shall be remedied by subsequent or amended acts or proceedings as the case
may require and when so remedied, the same shall take effect as of the date of the original act or
proceeding.
(b) If, in any court of competent jurisdiction, any final assessment is set aside for irregularity
in the proceedings or for any other reason, then the Council, upon notice as required in the making of
an original assessment, may make a new assessment in accordance with the provisions herein. (Code
1971, § 19-163; Ord. No. 43-1985, § 1)
Sec. 21.28.150. Assessment; due and payable.
(a) Without demand, all assessments shall be due and payable within thirty (30) days after the
publication of the assessing ordinance after its passage, provided that the City Council may provide
that, at the election of the owners, such assessments may be paid in not more than fifteen (15) equal
installments, which installments, with interest in all cases on the unpaid portion of such assessment,
shall be payable annually with interest at a rate as determined by the City Council on the unpaid
assessment. The number of installments, periods of payment and rate of interest shall be determined
and fixed by the City Council in the assessing ordinance. Payment may be made to the City
Treasurer at any time within thirty (30) days after the publication of the assessing ordinance, after its
passage and an allowance of five per centum (5%) for costs of collection may be made on all
payments during said period of thirty (30) days.
(b) Failure to pay the whole assessment within the said period of thirty (30) days shall be
conclusively considered and held as an election on the part of all persons interested, whether under
disability or otherwise, to pay in such installments. The election of any person to pay in installments
shall be conclusively considered and held a waiver of any and all rights to question the power or
jurisdiction of the City to construct the improvements, the quality of the work, the regularity or
sufficiency of the proceedings or the validity or correctness of the assessment.
(c) The owner of any piece of real estate not in default as to any installment or payment may,
at any time, pay the whole unpaid principal of his or her assessment with the interest to the time the
next installment of interest or principal becomes due and payable.
(d) The owner of any divided or undivided interest may pay his or her share of any
assessment. (Code 1971, § 19-164; Ord. No. 43-1985, § 1)
Sec. 21.28.160. Default of payment.
At the expiration of said thirty (30) day period provided in Section 21.28.150, the Finance
Director shall return the local assessment roll to the City Clerk, thereon showing all payments made
thereon with the date of each payment. Said roll shall be certified by the City Clerk and shall be
delivered by the City Clerk to the County Treasurer with a warrant for the collection of the same.
The City Clerk shall obtain a receipt from the County Treasurer for the same. The County Treasurer
shall receive payment of all assessments appearing upon the assessment roll with interest. In case of
default in the payment of any installment of principal or interest when due, the County Treasurer
shall advertise and sell any and all property concerning which such default is suffered for the
payment of the whole of the unpaid assessments with interest and penalties thereon. Said
advertisements and sales shall be made at the same time and in the same manner under all the same
conditions and penalties and with the same effect as are provided by general law for sales of real
estate in default of payment of general taxes. (Code 1971, § 19-165; Ord. No. 43-1985, § 1)
Sec. 21.28.170. Failure to pay.
Failure to pay any installment, whether of principal or interest, when due shall cause the whole
of the unpaid principal to become due and payable immediately and the whole amount of the unpaid
principal and accruing interest shall thereafter draw additional interest at the rate of one and one-half
percent (1½%) per month or fraction of a month until the day of sale, but at any time prior to the date
of sale, the owner may pay the amount of all delinquent principal installments and ac crued interest
with additional interest at one and one-half percent (1½%) per month or fraction of a month as
aforesaid and thereupon shall be restored to the right thereafter to pay in installments in the same
manner as if default had not been suffered. No statute of limitations shall apply until the last
installment of assessments becomes due and payable. (Code 1971, § 19-166; Ord. No. 43-1985, § 1)
Sec. 21.28.180. Sale of unpaid assessments.
(a) At any sale by the County Treasurer of any real estate in the City for the purpos e of paying
any special assessments for local improvements, the Finance Director, having the written authority
from the City Council, may purchase such real estate without paying for the same in cash and shall
receive a Certificate of Purchase from the County Treasurer in the name of the City. Such certificates
shall be received and credited at their face value, with all interest and penalties accrued, o n the
account of the assessments in pursuance of which the sale was made. The certificates may thereafter
be sold by the Finance Director for the best price obtainable at public sale at auction or by sealed bids
in the same manner and under the same conditions as is hereinafter provided in respect to the sale of
property owned by the City. The proceeds, in the event that all bonded indebtedness incurred in
payment for said local improvements has not been discharged in full or any other portion of the
assessment against the property has not been paid in full, shall be credited to the fund created by the
ordinance for the payment of such bonds or, in the event that all bonded indebtedness incurred in
payment for said local improvements has been discharged in full and, that any other portion of the
assessment against the property has been paid in full, the proceeds shall be credited to the special
surplus and deficiency fund provided for by Section 21.28.190 below. Any assignments shall be
without recourse and the sale and assignment of City's right to receive sale proceeds shall operate as a
lien in favor of the purchaser and assignee as provided by law in the case of sale of real estate in
default of payment of general taxes.
(b) Cumulatively with all other remedies, the City, being the owner of the property by virtue
of a tax deed or being the owner of property otherwise acquired in satisfaction or discharge of the
liens represented by such Certificates of Sale, may sell such property for the best price obta inable at
public sale, at auction or by sealed bids. Such sale shall be after public notice by the Fina nce
Director to all persons having or claiming any interest in the property to be sold or the proceeds of
such sale, such public notice to be by publication once a week for three (3) consecutive weeks by
three (3) insertions in a newspaper of general circulation within the City. Such notice shall describe
the property and state the time, place and manner of receiving bids and the time fixed for sale, whi ch
shall be not less than twenty (20) days after the first publication. The City may reject any and all
bids. Any interested party, at any time within ten (10) days after receipt of bids for the sale of
property, may file with the City Manager a written protest as to the sufficiency or the amount of any
bid made or the validity of the proceedings for the sale. If such protest shall be denied such person,
within ten (10) days thereafter, may commence an action in a court of competent jurisdiction to
enjoin or restrain the City from completing the sale. If no action is commenced, all protests or
objections to the sale shall be deemed to have been waived and the City shall then convey the
property to the successful bidder by quitclaim deed.
(c) In addition to all other remedies, the City, when it is the holder of a Certificate of
Purchase, may bring a civil action for the foreclosure thereof, joining as defendants all persons
having or claiming any interest in the property or the proceeds of foreclosure sale and all
governmental units having taxes or other claims against said property and all unknown persons
having or claiming interest in said property. Any number of certificates may be foreclosed in the
same proceeding. In such proceedings, the City as plaintiff, shall be entitled to all relief provided by
law in actions for adjudication of rights with respect to real property.
(d) The proceeds of any such sale of property shall be credited to the appropriate Special
Assessment Fund or to the Surplus and Deficiency Fund as hereinabove provided. The City shall
deduct therefrom the necessary expenses in securing deeds and taking procedures for the sale or
foreclosure. (Code 1971, § 19-167; Ord. No. 43-1985, § 1)
Sec. 21.28.190 Bonds.
Special assessment bonds of the City may be issued for the purpose of paying all or such
portion of the cost of any improvement constructed or to be constructed under the provisions of this
Chapter as may be assessed against the property specially benefited. Such bonds may be issued of
such date and in such form as may be prescribed by the City Council, bearing such interest as may be
determined by the City Council, bearing the name of the district im provement and payable to the
bearer or registered owner in a sufficient period of years after the date thereof to cover the period of
payment provided, but subject to call as provided in Section 21.28.200 and in convenient
denominations in multiples of one thousand dollars ($1,000.00) each. The bonds may be issued for
all or any portion of the amount to be assessed against the property specially benefited and the
assessments to be collected on the real property specially benefited may be allocated for the
improvements that were paid for by the issuance of such special assessment bonds and for the
services or improvements that were provided by the City or its designee and for which the City or its
designee is being reimbursed. All such bonds shall be issued on estimates or contract amounts
approved by the City Council and such bonds shall be sold to the best advantage of the City at either
public or private sale and the Finance Director shall preserve a record of the same in a suitable book
kept for that purpose. All such bonds may be in registered or bearer form with or without interest
coupons, be subject to such conditions for transfer, be subject to provisions for conversion as to
denominations or to bearer or registered form, be made registrable or payable or both, by the Finance
Director or other officers of the City or by a trustee, registrar, paying agent or transfer agent within
the United States of America, be issued, transferred and registered by such book entry, be in such
denomination or denominations, bear such dates, signatures and authentications and be held in
custody by a depository within the United States of America, all as may be determined by the City in
the ordinance authorizing the issuance of such special assessment bonds. Payment at designated due
dates or in installments may be required by the authorizing proceedings to be by check, draft or other
medium of payment and need not be conditioned upon presentation of any bond or coupon.
Signatures may be manual or facsimile, but each bond shall bear at least one manual signature, which
may be that of an official of the City or of the trustee, registrar or transfer agent. Such bonds shall be
payable out of the moneys collected on account of the assessments made for such improvements, out
of the surplus and deficiency fund referred to in Section 21.28.210 or out of any other fund
established as additional security for the bonds. All moneys collected from such assessments for any
improvements shall be applied for the payment of the bonds issued until payment in full is made of
all the principal, premium, if any and interest on the bonds. However, if a portion of the assessments
is being used to reimburse the City or its designee for its cost in providing the improvement, the
allocation of the assessment as to payment of the principal, premium, if any and interest on the bonds
and the reimbursement to the City or its designee shall be made pursuant to the authorizing
ordinance. (Code 1971, § 19-168; Ord. No. 43-1985, § 1)
Sec. 21.28.200. Payment of bonds.
Whenever considered prudent by the Finance Director and whenever funds may be in the
Finance Director's hands, to the credit of the Improvement District exceeding six (6) months' interest
on the unpaid principal, the Finance Director shall, after publication of notice once in one (1) issue of
a newspaper of general circulation within the City, call in a suitable number of such bonds for
payment. At the expiration of thirty (30) days from the first publications of such notice, interest on
the bonds so called shall cease. The notice shall specify by number the bonds so called and all such
bonds shall be paid in their regular numerical order. The holder of any bonds may, at any time,
furnish his or her post office address to the Finance Director and in such case a copy of said
advertisement shall be mailed by the Finance Director to the holder of the bonds at said address on or
prior to the first day of said publication. If applicable, if there are funds to the credit of the
Improvement District that are allocated toward the reimbursement to the City in an amount exceeding
six (6) months' interest on the unpaid principal amount for those improvements provided by the City,
the Finance Director shall transfer that amount to the City to be applied toward the principal amount
due the City for reimbursement. Notice for bonds which are in registered form shall be given by
mailing notice to the registered owner by first class mail not more than thirty (30) days and not less
than fifteen (15) days prior to the date fixed for redemption. (Code 1971, § 19-169; Ord. No. 43-
1985, § 1)
Sec. 21.28.210. Surplus and deficiency.
(a) Where all outstanding bonds have been paid in a Special Improvement District and any
monies remain to the credit of said district, they shall be transferred to a Special Surplus and
Deficiency Fund and whenever there is a deficiency in any Improvement District Fund to meet the
payments of outstanding bonds and interest due thereon, the deficiency shall be paid out of said
Surplus and Deficiency Fund. Whenever a Special Improvement District has paid and canceled
three-fourths (¾) of its bonds issued and for any reason the remaining assessments are not paid in
time to take up the remaining bonds of the district and the interest due thereon and there are not
sufficient monies in the special surplus and deficiency fund, then the City shall pay said bonds when
due and the interest due thereon and shall reimburse itself by collecting the unpaid assessments due
said district.
(b) In consideration of general or special benefits conferred on the City at large from the
construction or installation of improvements in Special or Local Improvement Districts, the City
Council may levy annual taxes on all taxable property within the City at a rate not exceeding four (4)
mills in any one (1) year, to be disbursed as determined by the City Council for the purpose of paying
for such benefits, for the payment of any assessment levied against the City itself in connection with
bonds issued for Special or Local Improvement Districts or for the purpose of advancing money to
maintain current payments of interest and equal annual payments of the principal amount of bonds
issued for any Special or Local Improvement District hereinafter created. The proceeds of such taxes
shall be placed in a special fund and shall be disbursed only for the purpose specified herein;
provided, however, that in lieu of such tax levies, the City Council may annually transfer to such
special fund any available monies of the City, but in no event shall the amount transferred in any one
(1) year exceed the amount which would result from a tax levied in such year as herein limited.
(c) As additional security for any bonds issued for Special or Local Improvement Districts, the
City Council may establish a Separate Reserve Fund for said issue of bonds to be used for the
purpose of advancing money to help maintain current payment of interest and equal annual payments
of the principal amount of such bonds. Moneys to be placed in such a reserve fund shall be allocated
from any legally available monies of the City, including temporary o r permanent advances of cash or
other security provided by one (1) or more property owners. Upon the payment in full of the
principal and interest on the bonds for which the reserve fund was established, the monies remaining
in the reserve fund, if established from City monies, shall be returned to the City to be used for any
lawful purpose as the City Council shall designate; provided, however, that if the reserve fund was
established from bond proceeds, the moneys in such reserve fund shall be first allocated to the final
principal and interest payment on the bonds.
(d) As additional security for any bonds issued for Special or Local Improvement Districts, the
City Council may, in its discretion, provide or require one (1) or more property owners who own
property within the district to provide audited financial statements, appraisals and/or a letter of credit
or other credit enhancement issued by a bank or other financial institution acceptable to the City, to
be used for the purpose of advancing money to help maintain current payment of assessments of the
property owner or owners providing the letter of credit or, in the event the letter of credit is provided
by the City, to help maintain current payments of principal of and interest on such bonds. (Code
1971, § 19-170; Ord. No. 43-1985, § 1)
Sec. 21.28.220. Improvements.
(a) The improvements authorized by this Chapter may consist of grading, paving, curbing,
guttering, parking, landscaping, street lighting or traffic signalization for or otherwise improving the
whole or any part of any street or alley or public easement in the City or any one (1) or more of said
improvements, including the reconstruction, replacement, renewal or extension of the same and the
acquisition of property and rights-of-way therefor. In the case of grading and curbing only, the
improvements may include the necessary crosswalks. Water, storm drainage and sanitary sewer
systems may be included in street improvements. System and off-site appurtenances, such as booster
pump stations incidental to such facilities, may also be included. Improvements may also consist of
any local improvement and renewals or extensions thereof which benefit the land abutting on,
touching or otherwise concerning such improvements, such as interchanges, trails, pedestrian
amenities, utility upgrading and undergrounding, public transportation facilities, sidewalks, signage,
landscaping, public parks, public golf courses and other public facilities.
(b) If improvements consist of the construction of district sewers or storm sewers, the costs of
district storm sewers may be assessed on all of the land in said storm sewer district respectively in
proportion as the area of each piece of land in the district or in the part improved is to the area of all
the land in the district or by any other method that will result in the assessments being equitable in
proportion to the benefits received. Such storm drains may be made, contracted for or constructed in
sizes larger than required by a local improvement district and the City may pay from any lawful fund
that portion of the cost that may be in excess of the cost required by the district. Upon the extension
at a later time of the mains or sub mains to an area not included within the district for which mains or
sub mains were made and contracted for, the City may assess the amount paid by the City as a lien
upon the real property benefited by the oversized construction and extension of the mains and sub
mains.
(c) If improvements consist of district interchanges, landscaping, parks or recreational
facilities, the cost of the improvement may be assessed on all of the land in said district respectively
in proportion to the area of each piece of land in the district or in the part improved is to the area of
all land in the district or by the establishment of zones based upon the proximity of each zone to the
improvement to be made or by any other method that will result in the assessments being equitable in
proportion to the benefits received. (Code 1971, § 19-171; Ord. No. 43-1985, § 1)
Sec. 21.28.230. Legal proceedings.
No action or proceeding at law or inequity to review any acts or proceedings or to question the
validity or enjoin the performance of any act or the issuance or collection of any bonds or the levy or
collection of any assessments authorized herein or for any other relief against any acts or proceedings
done or had pursuant hereto or under the provisions of the Charter of the City with reference hereto,
whether based upon illegalities, irregularities or jurisdictional defects, shall be maintained unless
commenced within thirty (30) days after the performance of the act or the passage of the resolution or
ordinance complained of or else be thereafter perpetually barred. (Code 1971, § 19-172; Ord. No.
43-1985, § 1)
Sec. 21.28.240. Definitions.
(a) In all proceedings authorized or required by this Chapter, figures may be used instead of
words and it shall not be necessary in Improvement Districts to designate each piece of real estate in
the district separately, but general descriptions and quantities may be used, except in the assessment
rolls and the cost may be stated as being a probable amount per front foot or per square foot or per lot
of a given size and proportionate amounts for other lots or when a different rule of as sessment is
provided, then as being subject to such rule.
(b) As used in this Chapter, the following terms shall have the meanings indicated:
Engineer includes the City Engineer and/or any engineer or firm of engineers or
corporation engaged in the practice of engineering, which may be under contract with the City
with respect to local public improvements contracted for or installed pursuant to this Chapter as
may be designated by the City Engineer.
City Manager includes the City Manager's authorized representative when such authority
has been given by a written order of the City Manager or, in the absence of the City Manager,
the City Engineer.
Real estate means all lands, whether platted or unplatted, regardless of lot or landlines.
Lots, plots, blocks and other subdivisions may be designated in accordance with any recorded
plat thereof and unplatted lands may be designated by any definite description.
Public or local improvements shall mean and include any improvement which may be
authorized by the City Council pursuant to the provisions of this Chapter, which serve a
municipal purpose and which confer a special benefit upon the real property within the district,
including, but not limited to, the grading, paving, curbing, guttering, drainage, parking or
otherwise improving the whole or any part of any street, alley or streets and alleys of the City
and the construction, installation or improvement of any sidewalks, water mains, sewers,
sewage disposal works, appliance for artificial lighting, landscaping, signage, recreational or
other public facilities, parks, pedestrian amenities, trails, utility upgrading and undergrounding,
public transportation facilities, parkways and off-street parking facilities and all appurtenances,
extensions or renewals thereof. (Code 1971, § 19-173; Ord. No. 43-1985, § 1)
Chapter 21.32
SNOW REMOVAL
Sec. 21.32.010. Definitions.
The following definitions shall apply in the interpretation and enforcement of this Chapter:
(a) Person means and includes any individual, partnership, firm, association, syndicate or
corporation.
(b) The director shall be such officer or employee of the City designated in writing by the
City Manager to perform or assist in the performance of the duties or responsibilities of the
Director as set forth in this Chapter. (Code 1971, § 19-180; Ord. No. 79-1983, § 2)
Sec. 21.32.020. Snow and ice to be removed from sidewalks by private persons.
Every person in charge or control of any building or lot of land within the City fronting or
abutting a sidewalk area, whether as owner, tenant, occupant, lessee or otherwise, shall remove and
clear away or cause to be removed and cleared away, snow and ice from a path of at least five (5) feet
in width from so much of the sidewalk area as is in front of or abuts on said building or lot of land.
Such snow and ice shall be removed from all sidewalk areas within the City on the same day as
cessation of any fall of snow, sleet or freezing rain or within the first three (3) hours of daylight after
the cessation of any such fall, whichever period is longer. (Code 1971, § 19-181; Ord. No. 79-1983,
§ 2)
Sec. 21.32.030. Depositing of snow and ice restricted.
No person shall deposit or cause to be deposited any snow and ice on or against a fire hydrant
or on any sidewalk, sidewalk area, roadway or loading and unloading areas of a public transportation
system. (Code 1971, § 19-182; Ord. No. 79-1983, § 2)
Sec. 21.32.040. Violation; work done, liability therefor; penalty.
(a) In the event of the failure of any person to clear away snow and ice from any sidewalk area
as hereinabove provided or cause this to be done, the Director may, as soon as practicable after such
failure, cause such work to be done.
(b) The Director shall ascertain and keep a record of the exact cost of all work the Director
causes to be done in accordance with this Section on account of each act or omission of each person
and the Director shall identify these persons with particularity.
(c) The cost of work done in accordance with this Section, plus a penalty of one hundred
percent (100%) of such cost, shall be charged against the land abutting the sidewalk area where such
work was done as a municipal lien and collected in the same manner as city taxes or, in addition, such
costs and penalty may be recovered by the City in a suit at law against the owner or such other person
whose act or omission makes it necessary for such work to be done. (Code 1971, § 19-183; Ord. No.
79-1983, § 2)
Sec. 21.32.050. Penalties.
Any person who violates any provision of this Chapter shall be deemed guilty of a
misdemeanor, punishable upon conviction by a fine, imprisonment or both a fine and imprisonment,
as set forth in Section 1.04.080 of this Code. Each day such violation is committed or permitted to
continue shall constitute a separate offense and shall be punishable as such hereunder. (Code 1971,
§ 19-184; Ord. No. 79-1983, § 2; Ord. No. 12-1996, § 13)
Chapter 21.36
RIO GRANDE SKATEBOARD PARK
Sec. 21.36.010. Definitions.
For purposes of this Chapter certain words or phrases are defined as follows:
Rio Grande Skateboard Park shall mean the portion of the Rio Grande Park in Aspen,
Colorado, which has been set aside and dedicated for use by persons using skateboards and
similar devices as defined hereinafter.
Skateboard shall mean skateboard, in-line skate, roller blade, roller skates and any other
similar device approved by the Parks Department for use in the Rio Grande Skateboard Park.
(Ord. No. 14-2001, § 2 [part])
Sec. 21.36.020. Regulations.
It shall be unlawful for any person within the Rio Grande Skateboard Park to:
(a) Ride, operate or use any device other than a skateboard;
(b) Ride, operate or use a skateboard unless that person is wearing a helmet designed for
use with a skateboard and is in good repair at all times during use;
(c) Place or utilize additional obstacles or other material (including, but not limited to
ramps or jumps) that are not specifically authorized by the Director of Parks;
(d) Ride, operate or use a skateboard before or after the posted hours of operation;
(e) Use or consume alcohol, tobacco products or illegal drugs;
(f) Use or possess glass containers, bottles or other breakable glass products;
(g) Fail to obey any other rule or regulation posted on near the facility by order of the
Director of Parks. (Ord. No. 14-2001, § 2 [part])
Sec. 21.36.030. Director of Parks to post regulations.
The Director of Parks shall post on or near all entrances to the Rio Grande Skateboarding Park
a sign or signs that clearly summarize the regulations set forth at Section 21.36.020 above and any
other rules or regulations that the Director of Parks deems reasonably necessary for the safe operation
of the facility. The sign or signs to be posted shall include the following language:
WELCOME
To the City
Rio Grande Skateboard Park
This facility has been designed for use by skateboarders and rollerbladers. In order to
provide a safe and enjoyable experience, the following warning and regulations have been
posted. Please heed the warning and observe all regulations.
WARNING
Skateboarding and in-line skating are hazardous recreational activities. Use of this facility
may result in serious injury or death. The City does not assume any responsibility for injuries
or death. Each person entering the facility assumes all risks associated with the use of this
facility.
The following rules and regulations have been adopted by the Aspen City Council to
protect your safety. Any person failing to follow these rules and regulations shall be subject to
eviction from the park and prosecution pursuant to Section 1.04.080 of the Aspen Municipal
Code.
RULES
1. USE THIS FACILITY AT YOUR OWN RISK.
2. HELMETS ARE MANDATORY.
3. BICYCLES AND SCOOTERS/RAZORS ARE PROHIBITED.
4. ALCOHOL, TOBACCO and DRUGS ARE PROHIBITED.
5. HOURS OF OPERATION ARE 8:00 A.M. TO SUNSET.
6. ADDING OR MODIFYING RAMPS IS PROHIBITED.
7. BOTTLES AND GLASS CONTAINERS ARE PROHIBITED.
REPORT ALL INJURIES TO THE CITY RECREATION DEPARTMENT – 920-5140.
CALL 911 FOR ALL SERIOUS INJURIES OR OTHER MEDICAL EMERGENCIES.
(Ord. No. 14-2001, § 2 [part])
Sec. 21.36.040. Eviction.
Any person found to be in violation of this Chapter or a regulation duly posted on the sign
required by Section 21.36.030 above, shall be subject to eviction from the Rio Grande Skateboard
Park. (Ord. No. 14-2001, § 2 [part])
Sec. 21.36.050. Penalty.
The privilege of any person to use the Rio Grande Skateboard Park is expressly conditioned
upon compliance by that person with the provisions of this Chapter. A violation of any provision of
this Chapter shall be deemed an infraction punishable by a fine and/or incarceration as provided by
Section 1.04.080 of this Code. In addition, the person shall be subject to eviction from the facility.
(Ord. No. 14-2001, § 2 [part])
TITLE 29. ENGINEERING STANDARDS
Chapter 29.01
29.01.010 Purpose and Intent
The purpose of this Chapter is to ensure development in the City of Aspen meets minimum
engineering standards. It is the City’s intent to establish Engineering Standards and Construction
Management Plan Requirements that will ensure the public health, safety and welfare, preserve the
community aesthetic, and promote efficient development within the City limits of Aspen. (Ord. No.
2-2019)
29.01.020 Adoption of Engineering Standards.
Pursuant to the powers and authority conferred by the Charter of the City, there is hereby adopted
and incorporated herein by reference as if fully set forth those standards contained in the Engineering
Standards, as may be amended from time to time by City Council Resolution. At least one (1) copy
of the Engineering Standards shall be available for public inspection at the Community Development
Department, the Engineering Department and the City of Aspen’s website. (Ord. No.2-2019)
29.01.030 Adoption of Construction Management Plan Requirements.
Pursuant to the powers and authority conferred by the Charter of the City, there is hereby adopted
and incorporated herein by reference as if fully set forth those regulations contained in the
Construction Management Plan Requirements Manual, as may be amended from time to time by the
City Engineer. At least one (1) copy of the aforementioned Manual shall be available for public
inspection at the Community Development Department, the Engineering Department and on the City
of Aspen’s website. (Ord. No.2-2019)
29.01.040 Applicability
This Chapter applies to all construction, development, redevelopment, modifications and additions to
existing developments, any work within the right of way, and Title 26 development applications and
plats, annexations and vacations.
Unless specifically exempted, the provisions of this Chapter shall supplement any and all existing
laws and shall apply to all persons, without restriction, and to conditions arising after the adoption
thereof, to conditions not legally in existence at the time of adoption of this title, and to conditions
which, in the opinion of the city engineer or designee, constitute a distinct hazard to life or property.
The Engineering Standards and Construction Management Plan Requirements provide policies and
design guidelines to city agencies, design professionals, private developers, and community groups
for residential and commercial development that ensure the public welfare, preserve the community
aesthetic, and promote efficient development within the City limits of Aspen.
The City of Aspen shall use the policies, criteria and information including specifications and
standards in the latest edition of the Engineering Standards and Construction Management Plan
Requirements for the proper implementation of the requirements of this Title. The Engineering
Standards and Construction Management Plan Requirements may be periodically amended as
necessary to provide additional clarity or to reflect procedural revisions or changes in constructio n or
engineering practices. Such revisions to these standards or requirements may consist of either
“procedural” revisions or “technical” revisions. Any other amendments to the Engineering Standards
and Construction Management Plan Requirements shall be adopted by City Council Resolution.
Examples include revisions that are considered major changes, changes in law and changes that will
cause significant increased cost or controversy. (Ord. No. 2-2019)
29.01.050 Review Authority
The City Engineer, or designee, is authorized to make and enforce the rules and regulations contained
in the Engineering Standards and Construction Management Plan Requirements in order to carry
out the intent of the standards and requirements of this Title. Where no specific or applicable rules,
regulations, or standards appear to be set forth in the Engineering Standards, Construction
Management Plan Requirements, or other rules, regulations, standards, guidelines, and
recommended practices, as published by professional associations, technical organizations, model
code groups, and similar entities, may be used by the City for guidance. (Ord. No. 2-2019)
29.01.060 Review Procedure
A. Review Process. The City Engineer shall have the authority on behalf of the City of Aspen to
determine that all design and construction is completed to a level that is equal to or exceeds the
requirements set forth in this Chapter, the Engineering Standards and the and Construction
Management Plan Requirements. (Ord. No. 2-2019)
29.01.070 Variances
A. Authority. The City Engineer may grant variances to the Engineering standards. Variances are
deviations from the terms of this Chapter which would not be contrary to the public interest.
B. Standards. In order to authorize a variance from the Engineering standards or construction
management regulations, the following standards shall be met:
1. There exist practical difficulties and unnecessary hardships inconsistent with the purpose and
intent of the Engineering standards.
2. The issuance of a variance shall not compromise the safety of a site or structure.
C. Application. Requests for variances from the standards, policies or submittal requirements of this
document shall be submitted in writing with appropriate documentation and justification to the City
Engineer. An application for a variance from the Engineering standards shall include, at a minimum,
the following information:
1. The criteria from which the applicant seeks a variance.
2. A written justification outlining why the criterion cannot be met.
3. An alternate criteria or standard that is proposed to comply with the intent of the criteria from
which the variance is sought.
4. Supporting documentation, including necessary calculations, etc.
5. An explanation of any potential adverse impacts of the proposed variance to adjacent landowners.
6. An analysis of the variance request must be signed and stamped by a Professional Engineer
licensed in the state of Colorado.
Upon receipt of a complete application for a variance, the City Engineer shall prepare a statement,
approving, approving with conditions, or denying the variance. During the course of reviewing the
requested variance, the City Engineer may request additional information needed to make a decision.
The City Engineer may also request modifications of the proposed variance.
D. Expiration. Except as otherwise established in this Title or through vesting of a site specific
development plan pursuant to Title 26, a variance granted under this Chapter shall automaticall y
expire after twelve (12) months from the date of approval unless a building permit application
submittal is accepted by the Chief Building Official.
The City Engineer may grant an extension to an approved variance. All requests for extensions must
be submitted prior to the expiration of the variance, must demonstrate good cause showing the
extension is necessary, and must demonstrate that the circumstances for granting the variance are still
applicable.
E. Appeals. An applicant may appeal a variance decision pursuant to Section 29.01.070, Appeals.
(Ord. No. 2-2019)
29.01.080 Right of Entry.
Upon presentation of his or her credentials, the City Engineer or his or her duly authorized
representative may enter at any reasonable time any building, structure or premises in the City that is
the subject of an active building permit to perform any duty imposed upon him or her by this Code.
(Ord. No. 2-2019)
29.01.090 Stop Work Orders.
Whenever any construction or other work is being performed contrary to this code the City Engineer
shall order the work stopped by notice in writing served on any person engaged in the doing or
causing of such work to be done. It shall be unlawful for any person to fail or refuse to obey such
order. Each day that one so notified, or any other person who can reasonably be expected to be
informed of the notice, fails to comply with the order shall constitute a separate offense. (Ord. No. 2-
2019)
29.01.100 Violations and Penalties
Any person violating any provision of this Chapter may be punished by a fine, imprisonment or both
a fine and imprisonment, as set forth in Section 1.04.180 of this Code. Each day any violation of this
Chapter shall continue shall constitute a separate offense. (Ord. No. 2-2019)
29.01.110 Violations and Penalties Not to Excuse Abatement.
The application of any penalty under this Chapter shall not constitute the condoning or legalizing of
any prohibited condition or prevent the abatement or enforced removal of such condition by any
lawful means available to the city. (Ord. No. 2-2019)
29.01.120 Appeals
A. Initiation. An applicant aggrieved by an order, requirement, decision, or determination of the City
Engineer may be appealed to the Administrative Hearing Officer, pursuant to the procedures set out
in Chapter 26.108 of this Code except to the extent set forth herein. The notice of appeal shall be
filed with the City Engineer within fifteen (15) days following the date of such order, requirement,
decision, or determination. The notice of appeal shall state in detail the action appealed, the gro unds
for the appeal, and the relief sought. Failure to file such a notice of appeal within the prescribed time
shall constitute a waiver of any rights under this Chapter to appeal any order, requirement, decision,
or determination.
B. Effect of filing an appeal. The filing of a notice of appeal shall stay any proceedings in
furtherance of the action appealed from unless the City Engineer certifies in writing to the
Administrative Hearing Officer that a stay poses an imminent peril to life or property, in which case
the appeal shall not stay further proceedings. The Administrative Hearing Officer may review such
certification and grant or deny a stay of proceedings.
C. Timing of appeal. The Administrative Hearing Officer shall consider the appeal within thirty (30)
days following the date of filing the notice of appeal, or as soon thereafter as is practical under the
circumstances.
D. Action by Administrative Hearing Officer. The Administrative Hearing Officer shall review the
record of the action taken by the City Engineer and provide a decision to the Applicant in writing.
The Administrative Hearing Officer may reverse or affirm wholly or partly the order, requirement,
decision or determination appealed from and shall enter such order, as he or she deems appropriate
under the circumstance.
(Ord. No. 42-2013; Ord. No.2-2019)
Updated 9-12-19