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Home My WebLink Aboutordinance.council.035-13 A ORDINANCE NO. 35 (SERIES 2013) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING TITLE 8 OF THE ASPEN MUNICIPAL CODE BY AMENDING CERTAIN SECTIONS OF THE 2009 INTERNATIONAL BUILDING AND RESIDENTIAL CODES. WHEREAS,the purpose of this code is to provide for and promote the health, safety and welfare of Aspen residents and visitors; and WHEREAS,the administration of the provisions of the adopted codes is responsibility of the Chief Building Official and a matter of importance to persons engaged in construction activities; and WHEREAS,the Chief Building Official, also referred to herein as the"building official"is authorized by the City Council to administer and enforce this code;and, WHEREAS,the changes proposed herein eliminate the administrative allowance for issuing a "Conditional Certificate of Occupancy"thereby reverting to the provisions of the International Residential Code and the International Building Code for the administrative allowance for issuing a "Temporary Certificate of Occupancy" ; and, WHEREAS, it is in the best interest of the development review agencies and development community and the citizens to maintain a uniform enforcement policy; and, WHEREAS, it is in the best interest of the citizens and visitors to our community to main a leadership role in efficient building code administration. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,THAT: Section 1. Chapter 8.16.020, subsection g of the Aspen Municipal Code, which subsection describes the administrative issuance of a Conditional Certificate of Occupancy, is hereby amended to read as follows: Chapter 8.16 INTERNATIONAL RESIDENTIAL CODE Sec. 8.16.020.Amendments. [no changes to subsections a through e] (g)reserved [no changes thereafter] 1 i Add new section to read as follows: Sec.8..16.030.Violations and penalties. (a)It shall be unlawful for any person, including an owner, occupant or builder,to erect, construct, enlarge, alter,repair, move, improve, remove, convert or demolish, quip, use, occupy or maintain any building or structure in the City or cause the same to be done, contrary to or in violation of any of the provisions of this Code. (b)A violation of any of the provisions of the Code shall constitute a misdemeanor,punishable upon conviction by a fine, imprisonment, or both a fine and improvement, as set forth in Section 1.04.080 of this Code.A separate offense shall be deemed committed on each day or portion thereof that the violation of any of the provisions of this Code occurs or continues unabated after the time limit set for abatement of the violation. Section 2. Chapter 8.20.020, subsection j of the Aspen Municipal Code, which subsection describes the administrative issuance of a Conditional Certificate of Occupancy, is hereby amended to read as follows: Chapter 8.20 INTERNATIONAL BUILDING CODE Sec. 8.20.020.Amendments [no changes to subsections a through i] (j)reserved [no changes thereafter] Section 3. This ordinance shall become effective 30 days following passage. Section 4. 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 repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. 2 e Section 5. 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 affect the validity of the remaining portions thereof. A public hearing on the ordinance was held on the 23th of September, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 28th day of August, 2013. i Steven Skad�on Mayor ATTEST:: Kathryn S. Koch, City Clerk APPROVED AS TO FORM: mes R. True, City Attorney FINALLY adopted, passed and approved this day o£S:Q , 2013. (1 I Steven Skadi on, Mayor Kathryn S. Koch, City Clerk 3 Ad Name: 9491326A LEGAL NOTICE ORDINANCE#35,2013 PUBLIC HEARING Customer: Aspen (LEGALS) City of Ordinance#35,Series of 2013,was adopted on first reading at the City Council meeting August 26, Your account number: 1013028 2013. This ordinance,if adopted will amend the municipal code,building regulations,to simplify the city's temporary certificate of occupancy process. The public hearing on this ordinance is scheduled for PROOF OF PUBLICATION South Galenaer 23,2013,at 5 PM,City hall,130 To see the entire text,go to the city's legal notice website http://www.aspenpitki n.com/De partments/Cle rk/Le- gal-Notices/ If you would like a copy FAXed,mailed or e-mailed to you,call the city clerk's office,429-2686. 3: all IM:: Published in the Aspen Times Weekly on August 29,2013. [9491326] STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan,do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed,in whole or in part and published in the County of Pitkin, State of Colorado,and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 8/29/2013 and that the last publication of said notice was in the issue of said newspaper dated 8/29/2013. In witness whereof,I have here unto set my hand this 08/30/2013. Jim Morgan,Cenral Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 08/30/2013. Pamela J.Schultz,Notary Public Commission expires:November 1,2015 Y AVeI/� PAMELA J. SCHULTZ C A�8 My COMMiSSW Exp'Ires 11101n015 Ad Name: 9581141 A ORDINANCE NO.35 Customer: Aspen (LEGALS) City of AN ORDINANCE OF THE THE CITY COUNCIL OF THE CITY ASPEN,Your account number: 1013028 ING TITLE08 OF THE ASPEN MUNICIPAL CODE BY AMENDING CERTAIN SECTIONS OF THE 2009 INTERNATIONAL BUILDING PROOF OF PUBLICATION AND RESIDENTIAL CODES. FINALLY adopted, passed and approved this 23—day of Sept., 2013. Steven Skadron,Mayor ATTEST: T21 A211 TIM11 Kathryn S.Koch,City Clerk Published in the Aspen Times Weekly on Octo- ber 3,2013. [9581141] STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan,do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed, in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 10/3/2013 and that the last publication of said notice was in the issue of said newspaper dated 10/3/2013. In witness whereof,I have here unto set my hand this 10/03/2013. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 10/03/2013. 9 J Pamela J.Schultz,Notary Public Commission expires:November 1,2015 �'CPFtY P�eli PAMELA J. SCHULTZ C05 My COINNSSIon Expires 11I01C1o15