HomeMy WebLinkAboutordinance.council.008-03 ORDINANCE NO. 8
(SEINES OF 2003)
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO, TO EXTEND THE TIMEFRAME gN WHICH THE
PROVISIONS OF ORDINANCE 40, SERIES OF 2002, SHALL BE APPLICABLE.
WHEREAS, the City Council of the City of Aspen directed the Community
Development Director to propose amendments to the Municipal Code to implement new
regulations regarding the demolition of multi-family residential buildings in the City of
Aspen; and,
WHEREAS, pursuant to Section 1.04.060, amendments to the Municipal Code
were approved by City Council by adoption of Ordinance 40, Series of 2002, effective for
a period of ninety (90) days; and,
WHEREAS, the Community Development Director reco~mmended extension of
the time period in which Ordinance 40, Series of 2002, applies by sixty (60) days, for a
total of one-hundred-fifty (150) days, to permit timely consideration of revised code
provisions and for the purpose of promoting the goals of the Aspen Area Community
Plan and protecting the public health, welfare, and safety; and,
WHEREAS, City Council reviewed and considered the recommendation of the
Community Development Director and comments from members of the public; and,
WHEREAS, the City Council finds that the extension of the applicability time
period of Ordinance 40, Series of 2002, as hereinafter described, meets or exceed all
applicable standards and that the approval is consistent with the goals and elements of the
Aspen Area Community Plan; and,
WHEREAS, the City Council finds that this Ordinance furthers and is necessary for
the promotion of public health, safety, and welfare and should be adopted as an emergency
Ordinance pursuant to Section 4.11 of the City Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO, THAT:
Section 1:
Tt~e provisions of Ordinance 40, Series of 2002, shall be effective for one-
hundred-fifty (150) days from its adoption date of November 12, 2002, except that
the definition of demolition, as defined in Ordinance 40, Series of 2002, shall not
apply to single-family and duplex residences. The definition of demolition in the
land use code prior to the adoption of Ordinance 40, Series of 2002, shall apply to
single-family and duplex residences.
Section 2:
The City Council hereby finds that an emergency exists consistent with Section 4.11
of the City Cha~er in that the adoption of this ordinance as an emergency ordinance
is necessary to preserve the health, peace or safety of the public. Accordingly this
ordinance shall become effective immediately.
Ordinance No. 8, Series of 2003
Page 1
Section 3:
This Ordinance shall not affect any 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 conducted
and concluded under such prior ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for
any mason held invalid or Unconstitutional in a court of competent jurisdiction, such
portion shall be deemed a sepm'ate, distinct and independent provision and shall not
affect the validity of the remaining portions thereof.
Section 5:
That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy
of this Ordinance in the office of the Pitkin County Clerk and Recorder.
INTRODUCED, READ AND APPROVED ON FIRST READING AS AN
EMERGENCY ORDINANCE by the City Council of the City of Aspen on the 27th day of
January, 2003.
Attest: ~, ',
'Kat~hryn' ~I~ocl~, City Clerk Helen IC Klan'd~d~ay~o~'
FINALLY, adopted, passed and approved as an emergency ordinance this 28th day of
January, 2003.
Attest: ~
Approved as to form:
Ordinance No. 8, Series of 2003
Page 2