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HomeMy WebLinkAboutordinance.council.014-61ORDINANCE (Series of 1961) ' AN ORDINANCE ADOPTING THE "OFFICIAL CODE OF ASPEN" INCORPORATING THEREIN THE UNIFORM BUILDING CODE, 1961 EDITION; THE NATIONAL ELECTRICAL CODE, 1959 EDITION; THE TECHNICAL PLUMBING CODE, CHAPTERS 37, 52 and 57 OF THE BUILDING CODE OF THE CITY AND COUNTY OF DENVER, COLORADO; GAS INSTALLATION RULES AND REGULATIONS FOR THE CITY OF ASPEN, COLORADO; THE UNIFO~4 HOUSING CODE, 1953 EDITION; THE M MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES, 1952 EDITION, AND ALL OTHER GENERAL ORDINANCES OF THE CITY OF ASPEN, PROVIDING FOR THE RE- PEAL OF ALL ORDINANCES OF A GENERAL AND PERMANENT NATURE NOT INCLUDED THEREIN, SAVE AND EXCEPT SUCH ORDINANCES PARTICULARLY SPECIFIED AS EXCEPTED FROM SUCH REPEAL; PROVIDING FOR PENALTIES FOR VIOLATION OF THE PROVISIONS OF SAID CODE; PROVIDING FOR A PUBLIC HEARING ON THE ADOPTION OF SAID CODE AND PROVIDING FOR THE EFFECTIVE DATE OF SAID CODE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: TI~AT, SECTION 1. The general administration of the City of Aspen, the appoint- ments and functions of commissions and boards, the creation and duties of departments of said city, the regulation of building and buildings, the issuance of licenses and permits defining and prohibiting certain offenses, providing for the protection of health and sanitation, the levying of taxes and the raising of revenues, the regulation of traf- fic, the use of land and the fixing of penalties and other provisions of a general nature within the City of Aspen, Colorado, or its police jurisdiction, shall be in accordance with the terms of the "Official Code of Aspen", three certified copies of which are on file in the office of the City Clerk, together with all secondary codes duly described and incorporated therein by reference, and may be inspected during regular business hours. The said Official Code of Aspen is hereby adopted and incorporated in this ordinance as fully as if set out at length herein, and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances passed by the City Council, and from and after the date on which this ordinance shall take effect, the provisions thereof shall be c~ontrolling on all matters contained therein° SECTION 2. The following secondary codes are incorporated in the Official Code of Aspen by reference: (A) Uniform Building Code, 1961 Edition, copyright 1961 by the International Conference of Building Officials, 610 South Broadway, Los Angeles 14, California. The subject of such code is the regulation of the construction, alteration, moving, demolition, repair and use of any building within the City. (B) National Electrical Code, 1959, copyright 1959 by the National Fire Protection Association, 60 Batterymarch Street, Boston 10, Massachusetts. The subject of such code is the regulation of the construction, installation, alteration and repair of electric conductors and equipment installed within or on public and private buildings and other premises. (G) The Technical Plumbing Code of the Colorado State Department of Public Health, 414 State Office Building, Denver 2, Colorado, amended to and including April 9, 1956. The subject of such code is the regulation of the construction, installation, alteration and repair of plumbing and plumbing equipment and fixtures in any building within the City. (D) The Chimneys, Vents, Fireplaces and Incinerators Code of the City and County of Denver, Colorado, amended to and including October 1, 1959, the same being Chapter 37 of the Building Code of the City and County of Denver, Colorado. The subject of said code is the regulation of the construction, in- stallation, alteration, moving, repair and use of chimneys, vents, fireplaces and incinerators in any building within the City° (E) Gas Installation Rules and Regulations for the City of Aspen, Colorado. The subject of said code is the regulation of the construction, installation, alteration, repair and use of gas fittings and gas appliances in any building or on any premises in the City. (F) The Warm Air Heating, Ventilating and Air Condition- ing Code of the City and County of Denver, Colorado, amended to and including October 1, 1959, the same being Chapter 52 of the Building Code of the City and County of Denver, Colorado. The subject of said code is the regulation of the construction, installation, alteration, repair and use of warm air heating, ventilating and air conditioning systems in any building in the City. (G) The Boilers and Pressure Vessels Code of the City and County of Denver, Colorado, amended to and including October 1, 1959, the same being Chapter 57 of the Building Code of the City and County of Denver, Colorado. The subject of said code is the regulation of the construction, installa- tion, alteration, repair and use of boilers and pressure vessels in any building in the City. (H) The Uniform Housing Code, 1958 Edition, copyright 1953 by the International Conference of Building Officials, 610 South Broadway, Los Angeles 14, California. The subject of such dode is the establishment and regulation of minimum standards of facilities in buildings used for human habitation within the City. (I) Model Traffic Ordinance for Colorado Municipalities, 1952 Edition, published in 1952 by the Colorado Highway Safety Council, State Capitol Building, Denver, Colorado. The subject of such ordinance is the regulation of traffic and enforcement of rules of the road and the administration of the same. SECTION 3: The words "Code~', ~City Code", or "Official Code" may be used as an abbreviation for the "Official Code of Aspen'~. SECTION 4: Ail general provisions, terms, phrases and expressions used in the Code, or in any ordinance amending the same, shall be liberally construed in order that the true inten~ and meaning of the City Council may be fully carried out. SECTION 5: All ordinances and parts of ordinances of a general and permanent nature not contained in the Code are hereby repealed; but such repeals shall not be effective and operative prior to the effective and operative date of the Official Code of Aspen; provided, however, that nothing contained herein shall be construed as an attempt to repeal or amend any ordinance passed by a vote of the people of the City of Aspen. SECTION 6: Nothing contained in this ordinance shall be construed as a limitation on the power of the city council to change obvious typo- graphical or composition errors in the Code without change of legal effect. SECTION 7: The classification and arrangement by title, chapter and number system of sections of the Code, as well as any source notes, annotations and other editorial matter included in said Code, form no part of the legislative text ordained hereby; such inclusion is only for the purpose of convenience, orderly arrangement and infor- mation, and therefore, no implication or presumption of a legislative construction is to be drawn therefrom. SECTION $: The Official Code of Aspen, as published, shall be the sole property of the City of Aspen, Colorado, as owner thereof and shall be copyrighted for and on behalf of the City of Aspen by me city clerk° SECTION 9: ~e city clerk shall distribute such sets of the Code and amendments thereto as may be necessary to the mayor and to each of the city aldermen, to the various departments of the city for the official use of city officers, boards, co~mL, issions and employees, and for exchange purposes for similar publications of other cities° All volumes designated for official use shall remain the property of the City of Aspen for the use of such officials and their successors and shall bear such designation. The city clerk shall prepare or cause to be prepared a list of the city officers, boards, commissions and employees who shall receive for official use copies of said Code, and shall thereupon deliver such copies to such officers and employees, taking a receipt for each copy so delivered. SECTION 10: This SECTION 11: ordinance shall become effective on the~ , 1962, at 12:01A. M. day (1) Any person who shall violate any provision of this ordinance shall be fined not more than $300.00 or imprisoned in the city jail not more than 90 days or shall suffer both fine and imprisonment. Each and every violation of the provisions of this ordinance shall constitute a separate offense. (2) The penalties set forth in the Code are as follows: PENALTY: Any person convicted of a violation of any Section of this Code or any section of any code adopted herein, where no specific penalty is provided therefor, shall be fined in a sum not to exceed three hundred dollars ($300.00) for any one offense or such person may be confined in the County or City Jail for a period of not more than ninety (90) days, the amount of such fine or term of such imprisonment to rest within the discretion of the Police Magistrate. DEFAULT: Any person in default of payment of any fine imposed shall be imprisoned in the County Jail for a period of one (1) day,for each four dollars ($4.0~ of such fine. LABOR: Any person imprisoned under the provisions of this Chapter may be put to work for the benefit of the City for the term of his imprisonment. No female prisoner shall be required to work in public, nor shall any prisoner be required to work on Sunday. APPLICATION: The penalty provided in this Chapter shall be applicable to every Section of this Code and of every code adopted herein the same as though it were a part of each and every separate Section. Any person violating any Section of this Code or any code adopted herein, where any duty is prescribed or obligation imposed, or where any act which is of a continuing nature is forbidden or declared to be unlawful, shall upon con- viction be subject to the penalty provided herein. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided. DOUBLE FEE: P~en work or activity for which a permit or. lS license is required by this Code or any code adopted herein,/commencec without having first acquired such permit or license, the specified fee shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with all the requirements of this Code or any code adopted herein, nor from any other prescribed penalties. Payment of such double fee or any unpaid portion thereof may be compelled by civil action in any cou~tof competent jurisdiction. The acceptance of any por- tion less than the entire amount of such double fee by any officer or employee of the city shall not constitute a waiver or release of the balance thereof. ABATEMENT OF PROHIBITED CONDITIONS: The application of any penalty under this Chapter shall not constitute the condon- ing or legalizing of any prohibited condition or prevent the abatement or enforced removal of such condition by any lawful means available to the city. PRESUMPTION OF RESPONSIBILITY: %~he occupant of any premises upon which a violation of any provision of this Code or of any code adopted hereby is apparent, the owner of any object or material placed or remaining anywhere in violation of any pro- vision of this Code or any code adopted hereby, and the occupant of any premises served by any excavation or structure illegally made or erected, shall be deemed prima facie responsible for the violation so evidenced, and subject to the penalty provided therefor. SECTION 12: Ail ordinances of a general and permanent nature finally passed and approved by the city council after November 6, 1961, but on or before the effective date of this ordinance shall be incorporated in the proper place in the Code, but nothing in such inclusion, or this authorization therefor, shall be construed as suspending the time such legislation takes effect; but such legislation shall become effective as if such inclusion were not authorized. SECTION 13: The repeal of any ordinance or any portion thereof as pro- vided in Section 5 of this ordinance shall not affect or impair nor be applicable to: (a) Any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced in any cause before such repeal shall take effect; but every act done, or right vested and/or accrued, or proceeding, suit, or prosecu- tion had or commenced shall remain in full force and effect to all intents and purposes as if such ordinance or part thereof so repealed remained in force. No offense committed and no lia- bility, penalty, or forfeiture, civilly or criminally incurred, prior to the time when any such ordinance or part thereof shall be repealed or in any way altered by the provisions of this ordinance or of the Official Code of Aspen shall be discharged or affected by such repeal or alteration; but, prosecutions and suits for such offenses, liabilities, penalties or forfeitures shall be instituted and proceeded with in all respects as if such prior ordinance or part thereof had not been repealed or altered; (b) Any general or special ordinance, resolution or motion heretofore passed, adopted and made validating, ratifying or legalizing the acts or omission of any officer or employee or validating any ordinance, act or proceeding whatever; but all validating or legalizing acts of and by the City Council what- soever and now in force are hereby continued in force; (c) Any ordinance relating to the public debt or the public credit or any annexation of territory; (d) Any ordinance relating to a contract to which the City of Aspen, Colorado, is a party or to any contract made for its benefit; (e) Any ordinance, resolution or motion making appropria- tion of public funds; (f) Any ordinance levying a special benefit assessment or creating a lien and debt against any property situate within the City of Aspen; (g) Any ordinance or resolution granting any franchise, license, right or permit to any person, firm or corporation, which franchise, license, right or permit was legally in force and effect on the date of the effective date of the Official Code of Aspen; it being the express intent and purpose of the City Council of Aspen that every such franchise, license, right or permit shall expire as originally provided by the ordinance or resolution granting the same unless sooner terminated by the Council. (h) Any ordinance or resolution promising or guaranteeing the payment of money by the City or authorizing the issuance and sale of General Obligation or Revenue Bonds by the City; (i) Any administrative ordinance or resolution of~e City Council not in conflict or inconsistent with the provi- sions of the Official Code of Aspen; (j) Any ordinance providing for and making the annual tax levy in and for the City of Aspen; (k) Any ordinance or resolution establishing the amount of bond to be posted by city officers or employees; (1) Any ordinance, resolution or motion annexing territory to the City; or, any ordinance or ordinances establishing land use zoning districts in the City, regulating the use of land and the use, bulk, height, area and air spaces of buildings, adopting a map of zoning district, providing for the adjustment, ~nforcement and amendment therefor, or, any ordinance regulating the subdivision of land in the City; (m) Any ordinance, resolution or motion naming, renaming, opening, accepting or vacatlno streets, alleys or rights-of-way in the City; or any ordinance amending the same. SECTION 14: The ~fficial Code of Aspen, or any Title, Chapter or Section thereof may be proved by a copy thereof, certified by the city clerk of the City of Aspen, under the Seal of the City; or when printed in book or pamphlet form and purporting to be printed by authority of the City, the same shall be received in evidence in all courts without further proof of the existence and regularity of the enactments of any particular ordinance of said Code. SECTION 15: Pursuant to and in compliance with Chapter 139, Article 34, Section 3 of the Colorado Revised Statutes, 1953, as amended, the city clerk of the City of Aspen is hereby authorized and directed to publish notice of a public hearing on the adoption and enactment of the Official Code of Aspen to the extent and pursuant to the schedule for such publications prescribed in '53 C.R.S., Sec° 139-34-3, said public hearing to be held in the A~pen, Pitkin County, Colorado, at 7:30 P.M., on December 11 , 1961. SECTION 16: (A) On December 31, 1962, and annually thereafter, all ordinances of a general and permanent nature passed and approved during the preceding calendar year, shall be revised, arranged and prepared for publication in the form of loose leaf supplements, re- printing the page or pages of the Code affected, removing the amended or obsolete provisions and inserting the new provisions. The city clerk shall distribute such supplements for such fee as the City Council shall direct. (B) Any and all additions or amendments to the Code, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in the Code so that reference to the "Official Code of Aspen" shall be understood and intended to include such additions and amendments. (C) In case of the amendment of any section cf the Code for which a penalty is not provided, the gen~mal penalty as provided in Chapter 6 of Title I of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty, is provided in another section in the same chapter or the same title, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein. SECTION l~: A copy of such Code shall be kept on file in the office of the City Clerk, preserved in looseteaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk or someone authorized by him, to insert in their designated places all amendments or ordinances which indicate the intention of the City Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which from time to time may be repealed by the City Council. This copy of such Code shall be available for all persons desiring to examine the same and shall be considered the official Code of Ordinances of Aspen. SECTION 15: It shall be unlawful for any person, firm or corporation to change or amend by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which may cause the ordinances of the City of Aspen to be misrepresented thereby; provided, however, that this section shall not apply to the revisions, additions and amendments to be issued by the City of Aspen. SECTION 19: If any provision of this Ordinance or any provision of the Official Code of Aspen or any provision of secondary codes incorporated in the Official Code of Aspen by reference, be held invalid, such invalidity shall not affect other provisions or applications of this Ordinance, the Official Code of Aspen, or secondary codes incorporated therein, which can be given effect without the invalid provision or application, and the provisions of this Ordinance, the Official Code of Aspen, and secondary codes incorporated therein, are declared to be severable. Introduced, read and ordered published asr~d by law by the City Council of Aspen, Colorado, at its/~e~lar meeting held at the City of Aspen, on this / ~. day of /~'~-/~.~ , 1961. ATTEST ..,~./ z <. - / " - - - P~-YoR FINALLY passed, adopted and approved this of December, 1961. day ATTES T: n ,~ , ''~ '>C~TY CLERK / ' - M~YOR ORDINANCE NO. SERIES OF the aforegoing Ordinance was ~ntroduced and read at a regular meeting of the City Council of said City of Aspen on the /f~ day of ~~, 196/, and by order of said City Council was published as a proposed ordinance as the law directs and for mo~e than ten days prior to its passage in the Aspen Times, legal newspaper; and that on the /~ day of ~'~f~X 196 / , the said proposed Ordinance was read and passed by the City Council aforesaid, the said meeting of said City Council being a regular meeting, and ordered published in the aforesaid newspaper as the law directs. WITNESS my hand and the official seal of the / ·