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HomeMy WebLinkAboutordinance.council.002-57ORDINANCE NO. 2 (Series of 1957) AN ORDINANCE PROVIDING FOR THE ADOPTION OF THE UNIFORM BUILDING CODE, 1955 EDITION, REGULATING THE ERECTION, CONSTRUCTION, ENLARGE- MENT, ALTERATION, REPAIR, MOVING, REd. OVAL, CONVERSION, DEMOLITION, OCCUPANCY, EQUIPMENT, USE, HEIGHT, AREA, AND MAINTENANCE OF BUILDINGS OR STRUCTURES IN THE CITY OF ASPEN,~LORADO; PROVIDING FOR THE ISSUANCE OF PERMITS AND COLLECTION OF FEES THEREFOR; DECLARING AND ESTABLISHING FIRE DISTRICTS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: SECTION 1. ADOPTION OF BUILDING CODE. There is hereby adopted by the City of Aspen, Colorado, for the purpose of estab- lishing rules and regulations for tbe construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties, that certain building code known as the Uniform Building Code, 1955 Edition, as published by the Pacific Coast Building Officials Conference, and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which not less than three (3) copies have been and now are filed in the office of the Clerk of the City of Aspen and tbe same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling in the construction of all buildings and other structures within the corporate limits of the City of Aspen. SECTION 2. ESTABLISHM~ENT OF OFFICE OF BUILDING OFFICIAL. (a) The office of building official is hereby created and the executive official in charge shall be known as the building official. (b) The building official shall be appointed by the Mayor of the City of Aspen. His appointment shall continue during good behavior and satisfactory service. He shall not be removed from office ex- cept for cause after full opportunity has been given him to be heard on specific charges° (c) During temporary absence or disability of the building official the appointing authority shall designate an acting building offici~al. SECTION 3. ORGANIZATION AND ENFORCemENT. (a) There is hereby establisbed in the City the ~Building Department'~ which sball be under the jurisdiction of the Building Official designated by the appointing authority. (b)(1) General. The Building Official is hereby autborized and directed to enforce all provisions of this Code. For such purpose he shall have the powers of a police officer. The determination of value or valuation under any of the provisions of this Code shall be made by the Building Official. (2) Deputies° In accordance with the procedure and with the approval of the chief appointing authority of the municipality, the Building Official may appoint such number of officers, inspectors and assistants, and other employees as shall be authorized from time to time° He may deputize such employees as may be necessary to carry out the functions of the Building Department. (3) Reports and Records. The Building Official shall submit a report to the proper city official not less than once a year, cover- ing the work of the department during the preceding period. He shall incorporate in said report a summary of his recommendations as to desirable amendments to this Code. The Building Official shall keep a permanent, accurate account of all fees and other moneys collected and received under this Code, the names of the persons upon whose account the same were paid, the date and amount thereof, together with the location of the building or~ premises to which they relate. (4) Right of Entry° Upon presentation of proper credentials the Building Official or his duly authorized representatives may enter at reasonable times any building, structure, or premises in the city to perform any duty imposed upon him by this Code. (5) Stop Orders. Whenever any building work is being done contrary to the provisions of this Code, the Building Official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Official to proceed with the work. (c)(1) General° Ail buildings or structures ~hich are structurally unsafe or not provided with ad~uate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health, or public welfare, by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, as specified in this Code or any other effective ordinance, are, for the purpose of this section, unsafe buildings~ All such unsafe buildings are hereby declared to be public nuisances and sball be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in Subsections (2), (3), (4), and (5) of this Subsection (c). (2) Notice to Owner° The Building Official shall examine or cause to be examined every building or structure or portion thereof reported as dangerous or damaged and, if such is found to be an un- safe building as defined in this Section, the Building Official shall give to the owner of such building or structure written notice stating the defects thereof° This notice may require the owner or person in charge of the building or premises, within 48 hours, to commence either the required repairs or improvements or demolition and removal - 2 - of the building or structure or portions thereof, and all such work shall be completed within 90 days from date of notice, unless otherwise stipulated by the Building Official. If necessary, such notice shall also require the building, structure, or portion thereof to be vacated forthwith and not reoccupied until tbe required repairs and improvements are completed, inspected, and approved by the Build- ing Official. Proper service of such notice shall be by personal service upon the owner o~ record, if he shall be found within the city limits. If he is not found within the city limits such service may be made upon said owner by registered mail; ~ovided, that if such notice is by registered mail, the designated period within which said owner or person in charge is required to comply with the order of the Building Official shall begin as of the date he received sucb notice. (3) Posting of Signs. The Building Official shall cause to be posted at each entrance to such building a notice to read: '~D© NOT ENTER° UNSAFE TO OCCUPY° Building Department, City of Aspeno'~ Such notice shall remain posted until the required repairs, demolition or removal are completed. Such notice shall not be removed without written permission of the Building Official and no person shall enter tbe building except for the purpose of making the required repairs or of demolishing the building. (4) Right to Demolish. In case the owner shall fail, neglect, or refuse to comply with the notice to repair, rehabilitate, or to demolish and remove said bui~ing or structure or portion thereof, the City Council may order the owner of the building prosecuted as a violator of the provisions of this Code and may order the Building Official to proceed with the work specified in such notice. A state- ment of the cost of such work shall be transmitted to the City Council who shall cause the same to be paid and levied as a special assess- ment a~ainst the property. (5) Costs. Costs incurred under Subsection (c)(4) shall be paid out of the City Treasury° Such costs shall be charged to the owner of the premises involved as a special assessment on the land on which the building or structure is locate~, and shall be collected in the manner provided for special assessments. Section 4. BOARD OF APPEALS. In order to determine the suit- ability of alternate materials and types of construction and to pro- vide for reasonable interpretations of the provisions of tbis Code, there shall be and is hereby created a Board of Appeals, consisting of five members who are qualified by experience and training to pass upon matters pertaining to building construction. Tbe Building Offi- cial shall be an ex-officio member and shall act as Secretary of the Board° T1]e Board of Appeals shall be appointed by the Mayor and shall hol~ office at his pleasure. The Board shall adopt reasonable rules and regulations for conducting its investigations and shall render all decisions and findings in writing to the Building Officbl with a duplicate copy to the appellant and may recommend to the City Council such new legislation as is consistent therewith. SECTION 5. 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 provisions of this Code. Any person, firm, or corporation violating any of the provisions of this 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 $100, or by imprisonment for not more than 90 days, or by both such fine and imprisonment. SECTION 6. SAVING CLAUSE. Nothing in this ordinance or in tbe code hereby adopted sbatl be construed to affect any suit or pro- ceeding now pending in any court, or any rights acquired, or liabi- lity incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this ordinance. SECTION 7. VALIDITY. The invalidity of any section or provi- sion of this ordinance or of the code hereby adopted shall not in- validate other sections or provisions thereof. SECTION 8. INCONSISTENT ORDINANCES REPEALED. Ordinances or parts thereof in force at the time that this ordinance shall take effect and inconsistent herewith, are hereby repealed. SECTIO~ 9. ~4ENDMENTS MADE IN SAID CODE. The Uniform Build- ing Code, 1955 Edition, as adopted by this Ordinance is amended and changed in the following respects: (a) The fine, as specified in Section 205 of said Code, is bereby amended to read $100o00. SECTION 10o DATE OF EFFECT. This ordinance shall take effect thirty ( 3D ) days after its approval as required by law. Introduced, the City Council of Aspen, at City of Aspen on this ATTEST: --ciTY- Fina~ed,, ATTES% read and ordered published as provided by law by Colorado, at its regular meetlno beld .l/~day of May, Ao D~4 1957. MAYOR adopted and approved on this A. D. 1957o .- [2 ~..~.-'w , CITY CLERK day of APPROVED:/ MAYOR STATE OF C(LO}'~AD,~ ) COL%TTY r~F PITKIN ) I, 2thel M. Frost, as City Clerk of the City of Aspen, Colorado, do hereby certify that the above foregoing Ordinance, was introduced, read in full and passed first reading at the reg~ ular meeting of the City Council held --~ ~ ~ /.; , lO~_~ and published in Tho Aspen Times, a weekl~ n-6wsf~p&9 of gener_a~ circulation published at the City of ~spen~ in t3ts issue of ~t~~ , 10 ~_~, and wa2 finally adopted s~d appro~e~ on ~.~,~/~ ·~-,~10~ and was ordered published ~ Ord~na~oe W~--~Z (Serie~ of ~.~__~ I o~ ~ C~ty, a, ~ov~d by law. ~ set my hand and ~ f day of IN WITNESS .fH~EOF, I have hereunto the sea~~ of Aspen, Colorado, this , A. Do 19~_~. (SEAL)