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HomeMy WebLinkAboutordinance.council.057-90 ORDINANCE NO. ~ (Series of 1 AN ORDINANCE REPEALING AND REENACTING ARTICLE XI OF CHAPTER 7 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY ADOPTION OF THE UNIFORM MECHANICAL CODE, 1988 EDITION, AS A/~ENDED. WHEREAS, the City Council desires to adopt for the benefit of the city of Aspen the 1988 Edition of the Uniform Mechanical Code and to repeal existing mechanical code provisions and ordinances in conflict therewith, and implement recommended additions and modifications thereto. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Article XI of Chapter 7 of the Municipal Code of the City of Aspen, Colorado, adopting the 1979 Edition of the Uniform Mechan- ical Code, with amendments, be and is hereby repealed and reen- acted to read as follows: Section 7-245. Adoption of the 1988 Edition of the Uniform Mechanical Code. Pursuant to the power and authority conferred by the laws of the State of Colorado and the Charter of the City of Aspen, Colorado, there is hereby adopted and incorporated herein by reference as if fully set forth those regulations contained in the Uniform Mechanical Code, 1988 Edition (inclusive of Appendices A, B, C and D), published by the International Conferencs of Building Officials, 5360 South Workman Road, Whittier, California 90601, except as otherwise provided by amendment or deletion as contained in Section 7-246 of Article XI of this Chapter. At least one (1) copy of the Uniform Mechanical Code shall be kept on file in the office of the Clerk of the City of Aspen, Colorado, and shall be made available for inspection during regular business hours. Section 7-246. Amendments. The Uniform Mechanical Code, 1988 Edition, as adopted by the city of Aspen at Section 7-245 of t~s Article XI, is hereby amended to provide as follows: (a) Section 201(h). "Liability" is hereby amended to read as follows: Sec. 201(h) Liability. The building official, or his authorized representative charged with the enforcement of this code~ acting in good faith and without malice in the discharge of his duties, shall not hereby iender himself personally liable for any damage that may accrue to persons or property as a result of any act or omission in the discharge of his duties. Any suit brought against the building official or employee because of an act or omission performed by him in the enforcement or inter- pretatlon of this code shall be defended by the city of Aspen in accordance with the provisions of the Colorado Governmental Immunity Act, C.R.S. Sections 24-10-101, et seq., ("Act"), as amended, and any judqment result- lng therefrom shall, likewise, be paid in accordance with the Act. This code shall not be construed to relieve or lessen the responsibility of any person owning, operating or controlling any building or structure for any damage to persons or property caused by defects on or in such premises, nor shall the code enforcement agency, any employee thereof, or the City of Aspen be held as assuming any such responsibility or liability by reason of the adoption of this code or by the exercise of inspections authorized and carried out thereunder, or by the issuance of any permits or certificates issued pursuant to this code. (b) Section 203 "Board of Appeals", is amended to read as follows: Sec. 203. Appeals. Appeals from determinations or decisions made by the building official relative to the application and interpretation of this code shall be processed and heard by the Board of Appeals and Examiners in accor- dance with the provisions contained in Division II of Article II of this Chapter 7 of the Municipal Code of 2 the City of Aspen. The Board of Appeals and Examiners shall possess that authority as specified in Article II of Chapter 7 of the Municipal Code. Sec. 7-247. Violations and Penalties. (a) It shall be unlawful for any person, including an owner, occupant or builder, to erect, install, alter, repair, relocate, add to, replace, use or maintain heating, ventilation, cooling or refrigeration equip- ment in the City of Aspen or cause same to be done con- trary to or in violation of any of the provisions of this code. Maintenance of equipment which was unlawful at the time it was installed and which would be unlaw- ful under this code shall constitute a continuing violation of this code. (b) A violation of any of the provisions of this code shall constitute a misdemeanor, punishable upon conviction by a fine not exceeding Three Hundred Dollars ($300.00), or by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment. 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 This ordinance shall not have any effect on existing litiga- tion 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 continued and concluded under such prior ordinances. Section 3 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 Li0 provision and shall not affect the validity of the remaining portions thereof. Section 4 A public hearing on the ordinance shall be held on the day of ~ /~ , 1990, in the city Council Cha~ers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ ~D ORDERED PUBLISHED as provided by law by the City Council of the city of Aspen on the ~ day of , 1990. / z//// ATTEST:  LLY adopted, passed and approved this / C) day of ATTEST: