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HomeMy WebLinkAboutordinance.council.008-03 ORDINANCE NO. 8 (SEINES OF 2003) AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, TO EXTEND THE TIMEFRAME gN WHICH THE PROVISIONS OF ORDINANCE 40, SERIES OF 2002, SHALL BE APPLICABLE. WHEREAS, the City Council of the City of Aspen directed the Community Development Director to propose amendments to the Municipal Code to implement new regulations regarding the demolition of multi-family residential buildings in the City of Aspen; and, WHEREAS, pursuant to Section 1.04.060, amendments to the Municipal Code were approved by City Council by adoption of Ordinance 40, Series of 2002, effective for a period of ninety (90) days; and, WHEREAS, the Community Development Director reco~mmended extension of the time period in which Ordinance 40, Series of 2002, applies by sixty (60) days, for a total of one-hundred-fifty (150) days, to permit timely consideration of revised code provisions and for the purpose of promoting the goals of the Aspen Area Community Plan and protecting the public health, welfare, and safety; and, WHEREAS, City Council reviewed and considered the recommendation of the Community Development Director and comments from members of the public; and, WHEREAS, the City Council finds that the extension of the applicability time period of Ordinance 40, Series of 2002, as hereinafter described, meets or exceed all applicable standards and that the approval is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare and should be adopted as an emergency Ordinance pursuant to Section 4.11 of the City Charter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Tt~e provisions of Ordinance 40, Series of 2002, shall be effective for one- hundred-fifty (150) days from its adoption date of November 12, 2002, except that the definition of demolition, as defined in Ordinance 40, Series of 2002, shall not apply to single-family and duplex residences. The definition of demolition in the land use code prior to the adoption of Ordinance 40, Series of 2002, shall apply to single-family and duplex residences. Section 2: The City Council hereby finds that an emergency exists consistent with Section 4.11 of the City Cha~er in that the adoption of this ordinance as an emergency ordinance is necessary to preserve the health, peace or safety of the public. Accordingly this ordinance shall become effective immediately. Ordinance No. 8, Series of 2003 Page 1 Section 3: This Ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the Same shall be conducted and concluded under such prior ordinances. Section 4: If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any mason held invalid or Unconstitutional in a court of competent jurisdiction, such portion shall be deemed a sepm'ate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 5: That the City Clerk is directed, upon the adoption of this Ordinance, to record a copy of this Ordinance in the office of the Pitkin County Clerk and Recorder. INTRODUCED, READ AND APPROVED ON FIRST READING AS AN EMERGENCY ORDINANCE by the City Council of the City of Aspen on the 27th day of January, 2003. Attest: ~, ', 'Kat~hryn' ~I~ocl~, City Clerk Helen IC Klan'd~d~ay~o~' FINALLY, adopted, passed and approved as an emergency ordinance this 28th day of January, 2003. Attest: ~ Approved as to form: Ordinance No. 8, Series of 2003 Page 2