HomeMy WebLinkAboutordinance.council.052-74RECORD OF PROCEEDINGS
100 Leaves
ORDINANCE NO.
(Series of 1974)
AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM HOUSING
CODE, 1973 EDITION (EXCEPTING SECTION 203 THEREIN); AMENDING
CERTAIN SECTIONS OF SAID CODE; PROVIDING PENALTIES FOR
VIOLATIONS OF SAID CODE; AND REPEALING SECTIONS OF THE
MUNICIPAL CODE INCONSISTENT THEREWITH
WHEREAS, the City Council desires to adopt the
1973 edition of the Uniform Housing Code, to repeal
existing inconsistent housing code provisions; and
implement an amendment to the uniform code, more specifi-
cally, designating the Board of Appeals and Examiners
to enforce said code, in lieu of establishing a Housing
Advisory and Appeals Board as recommended by the Uniform
Housing Code.
NOW, THEREFORE, DE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF ASPEN, COLORADO:
Section 1
That Sections 7-196 and 7-197 of the Aspen
Municipal Code be and hereby are repealed and re-enacted
to read as follows:
"Section 7-196 Adoption of Uniform Housing Code
Pursuant to the power and authority conferred
by the law of the State of Colorado and the
Charter of the City of Aspen, Colorado, it is
hereby adopted as the housing code of the
City of Aspen the Uniform Housing Code, 1973
edition, (excepting Section 203 therein),
published by the International Conference of
Building Officials, 5360 South Workman Mill
Road, Whittier, California, 90601, all to
have the same force and effect as though set
RECORD OF PROCEEDINGS
100 Leaves
forth herein in every particular.
Section 7-197 Amendment
Whenever in said Uniform Housing Code hereby
adopted there is made reference to the 'Housing
Advisory and Appeals Board' there shall be
read in lieu thereof the 'Board of Examiners
and Appeals' which agency shall exercise all
powers granted to the Housing Advisory and
Appeals Board in the Uniform Housing Code."
Section 2
That the Municipal Code of the City of Aspen
is hereby amended by adding Section 8-198 which section
reads as follows:
"Section 7-198 Violations and Penalties
(a) No person, firm, or corporation, whether
as owner, lessee, sublessee, or occupant,
shall erect, construct, enlarge, alter
and repair, move, improve, remove,
demolish, equip, use, occupy, or maintain
any building or premises, or cause or permit
the same to be done, contrary to or in violation
of any of the provisions of this Code or any order
issued by the Building Official hereunder.
(b) Any person, firm or corporation violating any of
the provisions of
of a misdemeanor,
deemed guilty of
this Code shall be deemed guilty
and each such person shall be
a separate offense for each and
every day or portion therof during which any violation
of any of the provisions of this Code is committed,
continued, or permitted, and upon conviction of any
such violation such person shall be punished by a
-2-
RECORD OF PROCEEDINGS
100 Leaves
fine of not more than Three Hundred ($300.00)
Dollars or by imprisonment for not more than
ninety (90) days, or by both such fine and im-
prisonment.''
Section 3
That the Uniform Housing Code, 1973 edition,
hereinabove adopted by this reference, is designed to
insure that all habitable buildings maintain minimum
standards of structural size and soundness, contain
adequate sanitary facilities, and are maintained in
a clean and safe condition. More specifically, the Code
established space and occupancy standards, structural
and mechanical requirements, and sanitary standards, and
designates the building inspector as the enforcing officer
with a right of appeal the toe Board of Examiners and
Appeals.
Section 4
That three copies of the Uniform Housing Code
being considered for adoption by this Ordinance, all
certified to be true copies by the Mayor and City Clerk,
shall be on file with the City Clerk and shall be open
for public inspection in her office at the Aspen City
Hall, Aspen, Colorado, any week day between the hours
of 9 a.m. and 5 p.m. at least fifteen (15) days pre-
ceeding the public hearing on this ordinance.
RECORD OF PROCEEDINGS
100 Leaves
Section 5
That on passage of this ordinance, and adoption,
of this Code by reference, one copy of the Code may be
kept in the office of the chief enforcement officer
instead of in the office of the City Clerk. Following
the adoption of this Code, the City Clerk shall at all
times maintain a reasonable supply of copies of the Code
available for purchase by the public.
Section 6
That existing ordinances or parts of ordinances
covering the same matters as embraced in this ordinance
are hereby repealed and all ordinances or parts of
ordinances inconsistent with the provisions of this
ordinance are hereby repealed, except that this repeal
shall not prevent the prosecution or punishment of any
person for any act done or committed in violation of any
ordinance hereby repealed prior to the taking effect of
this ordinance.
Section 7
If any provision of this ordinance or the applica-
tion thereof to any person or circumstance shall be found
to be invalid, such invalidity shall not affect any
remaining portion or application which can be given e~fect
and to this end this ordinance is declared to be severable.
Section 8
A public hearing on this ordinance shall be held
on the ~__ day of ~#~ , 1974, at 5 p.m. in
the City Council Chambers, Aspen City Hall, Aspen, Colorado.
Pursuant to the provisions of Chapter 139 Article 34, C.R.S.
-4-
RECORD OF PROCEEDINGS
100 Leaves
1963, notice of the hearing shall be published at least
twice, once at least eight (8) days preceeding and once
at least fifteen (15) days preeeeding the hearing above
established.
INTRODUCED, READ AND ORDERED published as pro-
vided by law by the City Council of the City of Aspen,
Colorado, on the ~=~ day of ~, 1974.
ATTEST:
City Clerk
day
ATTEST:
FINALLY ADOPTED,
PASSED AND APPROVED this ~-~-~
, 1974.
i Sta~v St and.!ey
City Clerk
STATE OF COLORADO )
) ss
COUNTY OF PITKIN )
CERTIFICATE
I, Kathryn S.
do hereby certify that the above and
introduced, read in full, and passed
Hauter, City Clerk of Aspen, Colorado,
foregoing ordinance was
reading at a regular meeting of the City Council of the
City of Aspen on ~__~'~x _~f)~ , 197 ~, and publish-
ed in the Aspen Times a weekly newspaper of general circul-
ation, published in the City of Aspen, Colorado, in its
7,/
issue of ~--~.~~ .~_, 197 ~, and was finally adopted
and approved at a regular meeting of the City Council on*
~z~-~f-~-~-~ ---P%J , 197~/, and ordered publzshed as
Ordinance No. ~ , Series of 197 ~/, of said City, as
provided by law.
IN WITNESS WHEREOF, I have hereunto
the seal of said City of Aspen,' Colorado,
day of ~-~,~--zv~/~:-~-/ , 197 .'~i..-
set my hand and
this ~'~
Kathryn ~. Hauter, City Clerk