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Home My WebLink Aboutordinance.council.019-13 ORDINANCE NO. 19 (Series of 2013) AN ORDINANCE ADOPTING AN AMENDMENT TO THE ASPEN/PITKIN COUNTY AFFORDABLE HOUSING GUIDELINES, PART III, SECTION 6, RENTAL POLICY FOR APPROVED RETIREES WHO OWN DEED-RESTRICTED HOMES WHEREAS, pursuant to the Municipal Code of the City of Aspen, as amended, the Housing Income,Eligibility Guidelines and Housing Price Guidelines are to be established by the City Council;and WHEREAS, pursuant to prior resolutions and ordinances of the City, the City Council established Employee Housing Income-Eligibility Guidelines and Housing Price Guidelines for prior years;and WHEREAS,the Aspen/Pitkin County Affordable Housing Guidelines ("Guidelines)recommended by the Board of Directors of the Housing Office of the City of Aspen and Pitkin County, a copy of which is annexed hereto and incorporated herein, has been submitted to City Council which Guidelines set forth the Housing Office qualification guidelines for Category 1, 2, 3, 4, 5, 6, 7 and Resident Occupied (RO) ownership, rental housing projects, lodge and commercial development, and development of residential housing units;and WHEREAS, the City Council desires to adopt said Guidelines, and by virtue of the enactment of this Ordinance to supersede and amend all prior resolutions and ordinances of the City pertaining to housing guidelines,but only to the extent inconsistent with the provisions of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO: Section 1 That the City Council of the City of Aspen hereby adopts the amended change to Part III, Section 6, Rental Policy for Approved Retirees who own Deed-Restricted Homes, of the Aspen/Pitkin County Affordable Housing Guidelines, as recommended by the Board of Directors of the Aspen/Pitkin County Housing Authority, as stated below: PART III SECTION 6 RENTAL POLICY FOR APPROVED RETIREES WHO OWN DEED-RESTRICTED HOMES An owner of a deed-restricted home qualified for retirement consistent with the definition of retirement age as defined in the Guidelines, as well as have at least a four-year work history within Pitkin County immediately prior to retirement, may be absent from their home for up to three months per year without renting out the home. The owner may, however, request to rent their home for up to six months per year as long as the home is being rented to an APCHA qualified employee. To obtain the benefits of this leave from the APCHA program,the owner and prospective tenant must complete the following: 1. The owner must complete an APCHA leave of absence form(example is shown in Appendix "E"of these Guidelines). 2. The owner must notify the HOA of the rental and tenant arrangement at least 30 days in advance. The Leave of Absence form requires sign-off by the HOA. 3. The rate of the rental must be determined by the Guidelines, based on the deed restriction of the unit and stated in the lease. All additional documented costs (all expenses must be documented) plus an additional $50, or what is stated in Table IV, Maximum Monthly Rent, of the Guidelines for the number of bedrooms being rented and the category, whichever is greater. (If the renter does not have access to the entire unit; i.e., has access to one bedroom in a three-bedroom unit, the rent to be charged will be a third of the amount that could be charged if access was to the entire three-bedroom unit.) 4. The owner has the right to choose the qualified tenant. 5. The owner must designate a responsible person or entity to act on the owners' behalf if they are not available while on the leave of absence, should that become necessary. 6. The owner must be current with their HOA dues; if the owner is not current, all rents shall be provided to the HOA until such time that the past dues are made current. 7. The owner must continue to utilize the home as their primary place of residence as evidenced by filing a Colorado Income Tax Return at that address. 8. The owner and tenant must complete and sign a lease agreement that provides rental amount, length of lease, any additional costs associated with the rental, etc. 9. The tenant must meet the qualifications for a renter within the APCHA program (work 30 hours per week, and is not an owner of residential property within the ownership exclusion zone). 10. It is recommended that the tenant carry adequate renter's insurance covering the period of the lease. 11. The tenant must complete a rental application form provided by APCHA. This procedure must be followed for each lease period,up to the six-month maximum. If any of the above-conditions are not met,the owner will no longer be allowed the six-month rental right, the appreciation on the property will immediately stop until such time the owner is back in the unit, and/or the owner must sell the home based on the appreciated value at the time the rental began. Section 2 That the regulations and guidelines set forth and adopted herein shall supersede to the extent inconsistent with the provisions of this Ordinance, all prior resolutions and ordinances of the City of Aspen; provided further that the provisions of resolutions and ordinances pertaining to employee housing guidelines shall remain in full force and effect to the extent not inconsistent with the regulations and guidelines adopted herein. Section 3 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 separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4 Nothing in this Ordinance shall be construed to affect any right, duty or liability under any ordinance in effect prior to the effective date of this Ordinance, and the same shall be continued and concluded under such prior ordinances. Section 5 A public hearing on the Ordinance shall be held on the 28'h day of May 2013, in the City Council Chambers,City Hall,Aspen,Colorado. INTRODUCED, READ, AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the 13`"day of May 2013. 4KathtynTS.: Michael C. Ireland,Mayor Koch ity Clerk FINALLY adopted,passed and approved this 28ffi day of May 2013. ATT T: Michael C. Ireland,Mayor Kathryn S. Koc ` ity Clerk Ad Name: 9178576A LEGAL NOTICE ORDINANCE#19,2013 PUBLIC HEARING Customer: Aspen (LEGALS) City of ffiirst1 reading att eeCty CouOncil meeting adopted ay 13, 2013. This ordinance,if adopted will amend the Your account number: 1013028 affordable housing guidelines to allow qualified re- tired employees the ability to rent their home out for up to six months/year. The public hearing on this ordinance is scheduled for May 28,2013,at 5 PM, City hall,130 South Galena. PROOF OF PUBLICATION To see the entire text,go to the city's legal notice website http://www.aspenpitkin.coryVDepartments/Clerk/Le- gal-Notices/ If you would like a copy FAXed,mailed or e-mailed to you,call the city clerk's office,429-2686. T21 A2:1 TIM:1 Published in the Aspen Times Weekly on May 16, 2013. [9178576] STATE OF COLORADO, COUNTY OF PITKIN I,Jim Morgan,do solemnly swear that I am General Manager of the ASPEN TIMES WEEKLY, that the same weekly newspaper printed,in whole or in part and published in the County of Pitkin, State of Colorado, and has a general circulation therein;that said newspaper has been published continuously and uninterruptedly in said County of Pitkin for a period of more than fifty-two consecutive weeks next prior to the first publication of the annexed legal notice or advertisement. The Aspen Times is an accepted legal advertising medium, only for jurisdictions operating under Colorado's Home Rule provision. That the annexed legal notice or advertisement was published in the regular and entire issue of every number of said daily newspaper for the period of 1 consecutive insertions;and that the first publication of said notice was in the issue of said newspaper dated 5/16/2013 and that the last publication of said notice was in the issue of said newspaper dated 5/16/2013. In witness whereof,I have here unto set my hand this 05/16/2013. Jim Morgan,General Manager Subscribed and sworn to before me,a notary public in and for the County of Garfield,State of Colorado this 05/16/2013. c / 1A,i `C, eJ0,JGt/►,1 h a.,C — Mary E.Borkenhagen,Notary Public lvly,Commission expires:September 12,2015 "I" ' :z PUBLIC 0 $ " O FC'II 1 b Prtib