HomeMy WebLinkAboutordinance.council.003-71RECORD OF PROCEEDINGS
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ORDINANCE NO. ,5
(Series of 1971)
UNIFORM HOUSING CODE
AN ORDINANCE RELATING TO THE REGULATION OF ERECTION, CONSTRUCTION,
ENLARGEMENT, ALTERATION, REPAIR, MOVING, REMOVAL, CONVERSION,
DEMOLITION, OCCUPANCY, EQUIPMENT, USE AND MAINTENANCE OF BUILD-
INGS OR STRUCTURES IN THE CITY OF ASPEN, COLORADO; ADOPTING BY
REFERENCE THERETO THE UNIFORM HOUSING CODE OF THE UNIFORM BUILD-
ING CODE, 1970 EDITION, VOLUME III, OF THE INTERNATIONAL CONFER-
ENCE OF BUILDING OFFICIALS, TO BE KNOWN AS "HOUSING CODE", EXCEPT
CHAPTER 12 OF SAID CODE CO~ERNING APPEALS; REPEALING ALL PRIOR
PROVISIONS OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, 1962, AS
AMENDED, CONCERNING THE "HOUSING CODE" HERETOFORE IN EFFECT;
REPEALING ALL ORDINANCES, PARTS AND SECTIONS OF ORDINANCES OF
THE CITY OF ASPEN, COLORADO, IN CONFLICT OR INCONSISTENT HERE-
WITH, EXCEPT SECTION 5-3-5, MUNICIPAL CODE OF THE CITY OF ASPEN,
ESTABLISHING THE PROCEDURE FOR APPEALS; PROVIDING A PENALTY FOR
VIOLATION OF THE PROVISIONS OF SAID UNIFORM BUILDING CODE -
HOUSING; PROVIDING FOR A PUBLIC HEARING IN RELATION THERETO.
WHEREAS, the Building Inspector for the City of Aspen
has made a thorough study of the 1970 Edition of the Uniform
Housing Code of the Uniform Building Code, Volume III; and
WHEREAS, the Building Inspector for the City of
Aspen, Colorado, has recommended to the City Council the adoption
of the said Housing Code, and the City Council is of the opinion
that the same should be acted upon;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF ASPEN, COLORADO, THAT:
Section 1: Pursuant to the power and authority
conferred by the laws of the State of Colorado and the Charter
of the City of Aspen, Colorado, it is hereby adopted as the Hous-
ing Code of the City of Aspen, by reference thereto, the Uniform
Building Code, Volume III, Housing, 1970 Edition, excepting
Chapter 12 concerning appeals, published by the International
Conference of Building Officials, 50 South Los Robles, Pasadena,
California, all to have the same force and effect as though set
forth herein in every particular. The adopted Code has compre-
hensive provisions and standards regulating use, construction,
repair, etc., of buildings and structures for purpose of protect-
ing the public health, safety and general welfare.
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Section 2: The repeal of any Ordinance or any
portion thereof shall not effect or impair or be applicable to
the provisions of Section 5-3-5, Municipal Code of the City of
Aspem, establishing the procedure for appeals before the Board
of Appeals and Examiners.
Section 3: Any and all sections or parts of
sections of the Municipal Code of the City of Aspen, Colorado,
1962, as amended, or ordinances or parts of ordinances of the
City of Aspen in conflict or inconsistent herewith are hereby
repealed, provided, however, that the repeal of any section or
parts of sections of the Municipal Code of the City of Aspen,
Colorado, 1962, as amended, or of any ordinance or part of
ordinances of the City of Aspen shall not revive any other
section of said Municipal Code, ordimance or ordinances hereto-
fore repealed or superceded.
Section 4: A public hearing on the adoption by
reference thereto of the Uniform Building Code, 1970 Edition,
Volume III, Housing, along with the retention of Section 5-3-5,
Municipal Code of the City of Aspen be, and the same hereby is
scheduled in the Council Chambers, City Hall, 130 South
Galena, Aspen, Colorado at ~,'~ o'clock P.M., on Monday
the ~ day of ~~ , 1971, and that the City Clerk
of the City of Aspen be, and is hereby directed to publish
notice of said public hearing in the manner amd style and pur-
suamt to the schedule for publication described in C.R.S.
193-34-3 (1963).
Section 5: At least three (3) copies of the
Uniform Building Code, 1970 Edition, Volume III, Housing, of
the International Conference of Building Officials, shall be
on file at the office of the City Clerk of the City of Aspen,
Colorado, at least fifteen (15) days preceding said hearing
and may be imspected by any imterested person between the
hours of 8 o'clock A.M. and 5 o'clock P.M., Monday through
Friday. After a public hearing thereom, a final reading and
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adoption by reference, the Housing Code as finally adopted shall
be available for sale to the public through the office of the
City Clerk of the City of Aspen, Colorado.
Section 6:
VIOLATIONS AND PENALTIES.
It shall be unlawful for any person,
firm or corporation to erect, construct, enlarge, alter, repair,
move, improve, remove, convert or demolish, equip, use, occupy,
or maintain any building or structure in the City, or cause the
same to be done, contrary to or in violation of any of the pro-
visions of this Code.
Any person, firm, or corporation vio-
lating any of the provisions of the Code shall be deemed guilty
of a misdemeanor, and each such person shall be deemed guilty
of a separate offense for each and every day or portion thereof
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 punishable by a fine
of not more than $300.00, or by imprisonment for not more than
ninety (90) days, or by both such fine and imprisonment.
ATTEST:
City Clerk
Section 7: If any part, section, subsection,
sentence, clause or phrase of this ordinance or of the Housing
Code adopted hereby is for any reason held to be invalid, such
decision shall not effect the validity of the remaining
portions of this ordinance or of said Housing Code; the City
Council hereby declares that it would have passed this ordin-
ance and adopted said Housing Code in each part, section, sub-
section, sentence, clause or phrase thereof irrespective of
the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Dated this ~-~day of~~__~, 1971.
~ ~ - ~Mayor/~/
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FINALLY ADOPTED, PASSED AND ~OVED TH~S .~2~ day of
MaW ~/~ ~ ~
ATTEST:
City Clerk
STATE OF COLORADO)
) ss
COUNTY OF PITKIN )
~_ .ii, Lorraine Gra'~es,
CERTIFICATE
City Clerk of Aspen, Colorado,
do hereby certify that the above and forefoing ordinance was
introduced, read in full, and massed on first
reading at a regular meeting of the City Council of the
City of Asoen on February 22 , ,1~7__1, and nublish-
ed in the Aspen Times, a weekly newsoaoer of general ci"cul-
ation, published in the City of Asoen, Colorado, in its
issue of F~bruary 25 , 1~7 1 ~ and was finally
adooted and a.oroved at a regular meeting of the City
Council on march 22
as Ordinance No. 3
orovided by law.
,197 1 ~and ordered published
, Series of 197,%,, of said City, as
IN WITNESS %~HEREOF,
the seal of said City of As-en, Colorado,
day of March __, lb7 1.
I have hereunto set my hand and
this 23rd
SEAL
rraine Graves, City Clerk
Publish this notice on February 25, & March 4th
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NOTICE OF PUBLIC HEARING
Public notice is hereby given that a public hearing
will be held before the City Council of the City of Aspen, Colorado,
on Monday~ , the 22
at the Council Chambers,
on a proposed "Ordinance
__ day of March , 1971, at 5;00 P.M.,
City Hall, 130 South Galena, Aspen, Colorado,
relating to the regulation of erection,
construction, enlargement, alteration, repair, moving, removal, con-
version, demolition, occupancy, equipment, use and maintenance of
buildings or structures in the City of Aspen, Colorado; adopting
by reference thereto the Uniform Housing Code of the Uniform Build-
ing Code of the International Conference of Building Officials,
1970 Edition, Volume III, to be known as "Housing Code", except
Chapter 12 of said Code concerning appeals; repealing all prior
provisions of the Municipal Code of the City of Aspen, 1962, as
amended, concerning the "Housing Code" heretofore in effect; re-
pealing all ordinances, parts and sections of ordinances of the
City of Aspen, Colorado, in conflict or inconsistent herewith
except Section 5-3-5, Municipal Code of the City of Aspen, estab-
lishing the procedure for appeals; providing a penalty for violation
of the provisions of said Uniform Building Code - Housing; providing
for a public hearing in relation thereto." The purpose of the
Ordinance and Housing Code proposed to be adopted by reference
therein is to provide comprehensive provisions and standards
regulating the use, construction and repair of buildings and
structures. Copies of the Uniform Building Code - Housing, Volume
III, proposed to be adopted together with the proposed Ordinance
are on file and are available for public inspection in the office
of the City Clerk at 130 South Galena, Aspen, Colorado.
Dated at the City of Aspen, Colorado this 22 day of
February , 1971,
BY ORDER OF THE CITY COUNCIL.
City Clerk
twice, the first publication at least 15 days before
the second at least 8 days before the
(Published
the public hearing and
public hearing.)