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HomeMy WebLinkAboutordinance.council.079-90 ORDINANCE NO. (Series of 1990) AN ORDINANCE A~ENDING SECTIONS 7-140 AND 7-141 OF ARTICLE V OF CHAPTER 7 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, SUCH SECTIONS ADOPTING AND A/~ENDING CERTAIN PROVISIONS OF THE UNIFOR~ BUILDING CODE AND APPENDIX~ 1988 EDITION. WHEREAS, the city of Aspen has previously adopted the 1988 Edition of the Uniform Building Code, with amendments; and WHEREAS, there is a need to provide the Chief Building Official and the Board of Appeals and Examiners with some flexi- bility and discretion under the Uniform Building Code in regard to their authority and ability to grant extensions of time relevant to the expiration of building permits; and WHEREAS, certain appendices of the 1988 Edition of the Uniform Building Code as previously adopted by the City of Aspen have been determined to be inapplicable, unnecessary or inap- propriate by the Chief Building Inspector and the Board of Appeals and Examiners for use in the city of Aspen; and WHEREAS, the Board of Appeals and Examiners has forwarded City Council recommendations concerning amendments to the Muni- cipal Code and the Uniform Building Code directed at deleting certain appendices from the Uniform Building Code for application and enforcement in the City and vesting the Chief Building official and the Board of Appeals and Examiners with authority to grant extensions of the expiration dates of building permits. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 Section 7-140 of the Municipal Code of the City of Aspen, colorado, adopting the 1988 Edition of the Uniform Building Code and the 1988 Edition of the Uniform Building Code Standards, is hereby amended to read as follows: Sec. 7-140. ADOPTION OF THE 1988 EDITIONS OF THE UNIFORM BUILDING CODE Ai~D UNIFOR~ BUILDING CODE STANDARDS. Pursuant to the powers 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 Building Code, 1988 Edition, including Appendix Chapters 23, 32, 51, 53 and 70, and the Uniform Building Code Standards, 1988 Edition, published by the International Conference of Building officials, 5360 South Work~an Mill Road, Whittier, California 90601, except as otherwise provided by amendment or deletion as contained in Section 7-141 of Article V of this Chapter. At least one (1) copy of the Unifor~ Bullding Code and Uniform Building Code Standards shall be kept on file in the office of the Clerk of the City of Aspen, Colorado, and shall be available for inspection during regular business hours. Section 2 Section 7-141(f) of the Municipal Code of the City of Aspen, Colorado, which section amends Section 303(d), "Expiration", of the Uniform Building Code, 1988 Edition, is hereby amended to read as follows: Sec. 7-141(f). Sec. 303(d). Expiration. (1) Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if: (A) The building or work authorized by such permit is not commenced within 120 days from the date of such permit; or (B) The building or work authorized by such permit is suspended or abandoned by the permittee at any time after the work is commenced. Building or work shall be determined to be suspended or abandoned by the building official upon considera- tion of non-weather related time delays in the progress of the work and the lack of meaningful building activity at the work site; or (C) Work equal to ten (10) percent of the valuation of the project is not completed in each sixty (60) day period after the work is commenced until completion of the project. (2) In the event a permit shall expire, the following provisions shall apply: (A) Ail below grade excavation done in anticipation of construction shall be filled and made safe within thirty (30) days. Where construction has advanced beyond excavation, all foundation work and above grade construction shall be secured against the weather to the satisfactIon of the building official and the construction site shall be other- wise returned to that condition as existed prior to the issuance of the permit. (B) Any fences, railings, canopies or other protective barriers placed in the public right-of-way shall be removed and all hazardous conditions eliminated therefrom within ten (10) days after expiration of the permit. (C) A new permit must be obtained before any building or work may be recom~enced. A new permit shall issue for a permit fee equal to one-half that amount as pald upon issuance of the original per~it provided no substantial changes, as deter- mined by the building official, have been made or will be made in the plans or specifications for the work and provided that the work has not been abandoned or suspended for a period exceeding one year. (D) Notwithstanding the provisions of subparagraph (C) above, no permit shall reissue for any work or building prohibited by law at the time of applica- tion for reissuance and such reissuance shall be subject to all ordinances and regulations then in effect. (3) Any permittee holding an unexpired permit may apply for an extension of time in which he may commence work under his permit when he is unable for good and satis- factory reason to commence work within the time required by this section. The building official may grant a single extension of the time for commencing work for a period not to exceed 120 days. Thereafter, the Board of Appeals and Examiners may, upon a finding of good csuse, grant one additional extension for a period not exceeding 120 days in which a permittee shall commence work. All requests for an extension as proved herein shall be submitted by the permlttee in writing no less than ten (10) working days prior to the expiration date on his existing permit. ~o permit shall be extended for any work or building prohibited by law at the time of application for extension and all extensions shall be subject to the ordinances and regulations then in effect. Section 3 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 construed and concluded under such prior ordinances. Section 4 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. Section 5 A public hearing on the ordinance shall be held on the day of ;-~~~ , 199~, 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 /~ day of '~' , 1990. William L. Stifling, ~ayo~ ATTEST: / Kathryn S//Koch, City Clerk FINALLY adopted, passed and approved this / ~ day of William L. stifling, M~yor ATTEST: ~athryn S~/Koch,/City Clerk