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Home My WebLink Aboutordinance.council.045-95 ,a, \,. -- ill;,', '\ ~, 'ffilt' IN \, ORDINANCE No.4 s-' Series of 1995 AN ORDINANCE OF THE CITY OF ASPEN, COLORADO, AMENDING SECTION 24-13- 103 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, TO PROHIBIT THE DEVELOPMENT OR MAINTENANCE OF ANY STRUCTURE OR THE USE OF ANY LAND IN VIOLATION OF CHAPTER 24 OF THE ASPEN MUNICIPAL CODE; TO PROHIBIT THE VIOLATION OF ANY PROVISION INDEED RESTRICTIONS EXECUTED FOR THE BENEFIT OF THE CITY OF ASPEN; TO AMEND ARTICLE IV OF CHAPTER 18 TO PROHIBIT VIOLATIONS OF THE RESIDENT MULTI-FAMILY HOUSING REPLACEMENT PROGRAM; AND, TO IMPOSE PENALTIES FOR SAID VIOLATIONS. WHEREAS, the City Council desires to amend Section 24-13-103 of the Aspen Municipal Code to include violations of deed restrictions as acts that are prohibited and to establish penalties for said violations; and WHEREAS, the City Council enacted the Resident Multi-Family Housing Replacement Program by Ordinance No.1, Series of 1990, but did not impose penalties for violations of the program; and WHEREAS, the City Council has determined that compliance with the Resident Multi- family Housing Replacement Program as set forth at Chapter 18 of the Aspen Municipal Code, Land Use Regulations as set forth at Chapter 24 of the Municipal Code, and all provisions of deed restrictions executed by developers of land for the benefit of the City of Aspen or the City's housing designee is a matter of public health, safety and welfare for the people of the City of Aspen, Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: Section I That Section 24-13-103 of the Municipal Code of the City of Aspen, Colorado, is hereby Iii,_ \l~ "\~- 'e' ~... \.... e. ~' ~~ amended to read as follows: Sec. 13-103. Enforcement and remedies. A. No person, firm, or corporation, shall occupy, use, or change the use of any structure or land except in conformity with all the provisions of this chapter and the conditions of any approval granted under this chapter. For purposes of this subsection (A), each day during which illegal construction, alteration, maintenance, occupancy, or use continues, constitutes a separate offense. B. No person, firm, or corporation, shall occupy, use, or change the use of any building or land for which activity a building permit is required until a certificate of occupancy has been issued, or such occupancy, use, or change in use is authorized by the Chief Building Official. Such certificate shall verify that the entire building and proposed use thereof, as applicable, complies with the building permit and the provisions of this chapter. Such certificate may be combined with any other certificate of occupancy required by any other provision of this code or any ordinance of the city. For purposes of this subsection (B), each day during which illegal construction, alteration, maintenance, occupancy, or use continues, constitutes a separate offense. C. No person, firm, or corporation, shall violate or cause another to violate any provision of a deed restriction executed for the benefit of the City of Aspen or the City's housing designee in compliance with this chapter, including, but not necessarily limited to, deed restrictions executed to meet the Aspen/Pitkin County Housing Authority's Affordable Housing Guidelines in accordance with section 24-5-206.2 (Affordable Housing); section 24-5-510 (Accessory Dwelling Units); or as part of an agreement for a Specially Planned Area, Planned Unit Development, or Subdivision; or for a development allotment granted pursuant to the Aspen area Growth Management Quota System. For purposes of this subsection (C), a violation of any provision of a deed restriction shall constitute a separate offense with respect to each tenant or prospective tenant involved. D. No person, firm, or corporation, shall intentionally or negligently misrepresent the provisions of this chapter or the terms of a deed restriction executed for the benefit of the City of Aspen or the City's housing designee, with respect to the nature or use of land, including without limitation, permitted uses, zoning district designations, occupancy limitations, provisions of deed restrictions, and status of development thereon. E. The owner, tenant, and occupant of a structure or land and the agents of each of them are jointly and severally liable for any violation of this chapter with respect to such structure or land. F. Any person, firm, or corporation, violating any provision of this chapter shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for period of not more than ninety (90) days, or both such fine and imprisonment, for each offense. 2 A '. - \\.. &e., , " " G. The city attorney shall institute injunctive, abatement, or other appropriate action to prevent, enjoin, abate or remove a violation of this chapter when it occurs. THe same right of action shall also accrue to any property owner, tenant, or prospective tenant, who may be especially damaged by any violation of this chapter. Any penalty provided in this section shall not preclude the City of Aspen or an affected property owner from instituting any appropriate action or proceeding to require compliance with the provisions of this chapter. All remedies provided for in this section are cumulative, are not exclusive, and shall be in addition to any other remedies provided by law. Section 2 That Chapter 18 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to add a new Article V, which shall read as follows: ARTICLE V. ENFORCEMENT. A. , No person, firm, or corporation, shall violate or cause another to violate any provision of a deed restriction executed for the benefit of the City of Aspen or the City's housing designee in compliance with this chapter, including, but not necessarily limited to, deed restrictions executed to meet the Aspen/Pitkin County Housing Authority's Affordable Housing Guidelines in accordance with section 24-5-206.2 (Affordable Housing); section 24-5-5l0 (Accessory Dwelling Units); or as part of an agreement for a Specially Planned Area, Planned Unit Development, or Subdivision; or for a development allotment granted pursuant to the Aspen area Growth Management Quota System. For purposes of this subsection (C), a violation of any provision of a deed restriction shall constitute a separate offense with respect to each tenant or prospective tenant involved. B. No person, firm, or corporation, shall intentionally or negligently misrepresent the provisions of this chapter or the terms of a deed restriction executed for the benefit of the City of Aspen or the City's housing designee, with respect to the nature or use of land, including without limitation, permitted uses, zoning district designations, occupancy limitations, provisions of deed restrictions, and status of development thereon. C. The owner, tenant, and occupant of a structure or land and the agents of each of them are jointly and severally liable for any violation of this chapter with respect to such structure or land. D. Any person, firm, or corporation, violating any provision of this chapter shall be punished by a fine of not more than one thousand dollars ($1,000.00) or imprisonment for period of not more than ninety (90) days, or both such fine and imprisonment, for each offense. E. The city attorney shall institute injunctive, abatement, or other appropriate action to prevent, enjoin, abate or remove a violation of this chapter when it occurs. THe same 3 tA %. - ,A" ., right of action shall also accrue to any property owner, tenant, or prospective tenant, who may be especially damaged by any violation of this chapter. Any penalty provided in this section shall not preclude the City of Aspen or an affected property owner from instituting any appropriate action or proceeding to require compliance with the provisions of this chapter. All remedies provided for in this section are cumulative, are not exclusive, and shall be in addition to any other remedies provided by law. Section 3 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 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 seperate, distinct and independent provision and shall not affect the validity of the remaining portions hereof. 4 ~-'" '" ",,- f_"" I,ll' S,:,ltf, ~; ''Z\., A public hearing on the ordinance shall be held on thed< -s-day of ~~ V II 1995, 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 II day of Jde~dVl), 1995. ~L7~ John . Bennett, Mayor ATTEST: ~ FINALLY adopted, passed and approved this c:!5 .Jde~ ) f/ day of , 1995. ~ (J~.........~ John S. Bennett, Mayor ATTEST: dcedrest.ord 5