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HomeMy WebLinkAboutordinance.council.070-75RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. 70 (Series of 1975) AN ORDINANCE REPEALING AND REENACTING SECTION 302(d) OF THE UNIFORM BUILDING CODE (PREVIOUSLY ADOPTED BY REFERENCE IN ORDINANCE NO. 15, SERIES OF 1974); ~,~ICH SAID SECTION OR REENACTMENT WILL PROVIDE FOR THE EXPIRATION OF BUILDING PER- MITS IN THE EVENT WORK SHALL NOT COMMENCE WITHIN ONE HUNDRED TWENTY (120) DAYS OF ISSUANCE AND PROGRESS AT A RATE EQUAL TO TEN (10%) PERCENT OF VALUATION EACH SIXTY (60) DAYS; PRO- VIDE THAT ON EXPIRATION OF A PERMIT THAT EXCAVATIONS SHALL BE FILLED; AND PROTECTIVE STRUCTURES REMOVED; PROVIDE THAT THE PERMIT MAY REISSUE WITH CERTAIN LIMITATIONS; AND, FINAL- LY, PROVIDE THAT VARIANCES MAY BE GRANTED FROM THE PROVISIONS OF THIS ORDINANCE WHEN THEIR APPLICATION WILL PRESENT UNDUE HARDSHIP WHEREAS, the City Council feels that the procedures for expiration of permits should be readopted, and be, at the same time, more definitive and restrictive, ~OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the Municipal Code of the City of Aspen, Colorado, is hereby amended by the addition of subsection (o) to Section 7-141 which said subsection reads as follows: "(o) The Uniform Building Code, 1973 Edition, is hereby amended by the repeal and reenactment of Section 302(d) which said subsection on reenactment shall read as follows: Section 302(d) Expiration. Every permit issued by the Building Official under the provisions of this Code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 120 days from the date of issuance of such permit. Work equal to 10% of the valuation of the entire project must be com~ pleted in each 60 day period thereafter until com- pletion of the project or said project shall be deemed abandoned and the permit expire. In the event a permit shall expire, the following provisions shall apply, namely: 1. Ail below grade excavation done in RECORD OF PROCEEDINGS 100 Leaves anticipation of construction shall be filled within 30 days of expiration such as to bring the site to a condition comparable to that before permit issuance. Any fences, railings, canopies and other protective structures placed in a public right-of-way, and required by Chapter 44 of the Uniform Building Code, shall be removed within 10 days of expiration of a permit as well as all hazardous conditions eliminate~. Before such work can be recommenced a new permit shall be first obtained so to do. Such permit shall issue for a permit fee equal to one half the amount required for a new permit for such work provided no changes have been made or will be made in the plans and specifications for such work, and provided further that the work has not been abandoned for a period exceeding one (1) year. The provisions of subparagraph 3 to the contrary notwithstanding, no permit shall reissue for any construction or activity prohibited by law at the time of the application for reissuance. ~enever there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this section, the City Council, on appeal thereto, may vary or modify the application of this section so that the intent and purpose of the code will be observed, public safety and welfare secured, and substantial justice done." Section 2 If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provisions or applications, and to the end the provisions or applications of this ordinance are declared to be severable. Section 3 A public hearing on this ordinance shall be held on the 27th day of October, 1975, at 5:00 P.M. in the City Council -2- RECORD OF PROCEEDINGS 100 Leaves Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, at its regular meeting held October 14, 1975. ATTEST= oT~CY S~EY III, MAYOR/ KATHRYN SJ HAUTER, CITY CLERK FINALLY ADOPTED AND APPROVED AS AMENDED ON ~,J~Z, ~THRYN ~ HAUTER, CITY CLE~ -3-