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HomeMy WebLinkAboutordinance.council.009-79RECORD OF PROCEEDINGS ORDINANCE NO. ~ (Series of 1979) AN ORDINANCE AMENDING CHAPTER 20 OF THE ASPEN MUNICIPAL CODE BY REQUIRING SUBDIVISION APPROVAL FOR THE CONVERSION OF DWELLING UNITS WHICH ARE DIVIDED INTO TWO OR MORE SEPARATE INTERESTS THROUGH DIVISION OF THE FEE TITLE THERETO WHEREAS, the City Council of the City of Aspen desires to amend Chapter 20 of the Aspen Municipal Code which concerns subdivision by requiring subdivision approval for the conversion of dwelling units which are divided into two or more separate interests through division of the fee title thereto for the benefit of the City of Aspen, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Section 20-3(s) of the Aspen Municipal Code is hereby repealed and reenacted to read as follows: (s) Subdivision. A subdivision or subdivided land is defined as: (i) A tract of land which is divided into two (2) or more lots, tracts, parcels, sites, separate interests (including leasehold interests), interests in common, or other division for the purpose, whether immediate or future, of transfer of ownership, or for building or other development, or for street use by reference to such subdivision or recorded plat thereof; or (2) A tract of land including land to be used for condominiums, apartments or any other multiple- dwelling units, or for time-sharing dwelling units, unless the improvement with the same density has previously complied with the require- ments of this chapter; or (3) A house, condominium, apartment or any other dwelling unit which is divided into two or more separate interests through division of the fee title thereto, whether by conveyance, lease, contract for sale or any other method of disposition. Unless the method of land disposition is adopted for the purpose of evading this definition, the term "subdivision" as defined in this section shall not apply to any of the following divisions of land or interests in land: (4) The division of land by order of any court in this state or by operation of law. (5) The division of land by a lien, mortgage, deed of trust or any other security instrument. RECORD OF PROCEEDINGS (6) The division of land by a security or unit of interest in any investment trust regulated under the laws of this state or any other interest in an investment entity. (7) The division of land which creates cemetery lots. (8) The division of land which creates an interest or interests in oil, gas or minerals which are now or hereafter severed from the surface owner- ship of real property. (9) The division of land by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common and any such interest shall be deemed for purposes of this section as only one interest, provided, however, that no agreement exists, either recorded or unrecorded, between the co- tenants allowing for the use and occupancy of the property by one or more co-tenants to the exclusion of one or more co-tenants during any period, whether annuayly reoccurring or not if said agreement is in any way binding or effective upon any assignee or future owner of a fractional fee interest or if said agreement continues to be in any way binding or effective upon any co- tenant after the sale of any interest in the property. (10) The division of land by reason of the dissolution of a joint venture. Section 2 That Section 20-5(e) of the Aspen Municipal Code is hereby repealed and reenacted to read as follows: (e) Prohibited occupancy and use. It is unlawful to occupy or otherwise use any building, structure or land in violation of any of the provisions of this chapter including the use and occupancy of any house, condominium, apartment or other dwelling unit under an agreement, either recorded or unrecorded, which allows the use and occupancy of the property by one or more co-tenants to the exclusion of one or more co-tenants during any period, whether annually reoccurring or not. If said agreement is in any way binding or effective upon any assignee or future owner of a fractional fee interest or if said agreement continues to be in any way binding or effective upon any co-tenant after the sale of any interest in the property. Each day during which such illegal use continues shall be deemed a separate offense. Section 3 That Section 20-5(f) be added to the Aspen Municipal Code to read as follows: (f) Remedies for violations. In addition to all remedies provided by law, the City of Aspen shall be authorized to enforce its subdivision regulations as follows: -2- RECORD OF PROCEEDINGS (1) The City, in addition to other remedies provided, may institute an injunction mandamus, abatement, or other appropriate action or proceeding to prevent, enjoin, abate or remove an unlawful construction, use, occupancy or conveyance or to enjoin any sub- divider from selling, agreeing to sell, or offering to sell, or otherwise convey, before full compliance with the provisions of this chapter, any parcel of land or other interest which sale or conveyance would constitute a subdivision under section 20-3(s). (2) The city building inspector shall refuse to issue permits of any kind for the construction of any building or other improvements upon any land for which an approved final plat is required by this chapter, unless and until the requirements hereof have been complied with. (3) No building permit shall be issued for any lot or parcel of land which has been transferred, conveyed, sold, subdivided or acquired in violation of this chapter. Any trnasferee who acquires a lot or parcel of land in violation of this chapter without knowledge of such violation, and any subsequent transferee, shall have the right to rescind and/or receive damages from any transferor who violates the provisions of this chapter. (4) The planning commission may withdraw any appro- val of a plan or plat or require certain corrective measures to be taken following a determination that information provided by the subdivider, or by anyone on his behalf, upon which a decision was based, is false or inaccurate. The planning commission shall cause written notice to be served upon the subdivider, or his assigns, setting out a clear and concise statement of alleged false or inaccurate information provided by the subdivider, or his agents on his behalf, and directing the subdivider to appear at a time certain for a hearing before the planning commission not less than ten (10) days nor more than thirty (30) days after the date of service of notice. The planning commission shall determine at the hearing the nature and extent of alleged false or inaccurate information and shall have power, on good cause being shown, to withdraw any approval or require certain corrective measures to be taken. However, withdrawal of approval or imposition of corrective requirements shall not be exclusive remedies on a finding by the commission that false or inaccurate information has been received, and any and all remedies provided by law may be exercised. Section 4 That Section 20-6 of the Aspen Municipal Code be repealed and reenacted to read as follows: -3- .~^~o~.~.~..~;¢o..o~..~. RECORD O F PROC EEDI N GS Section 20-6. Burden of proof. (a) The burden shall rest upon an applicant to show the reasonableness of this application and plan, its conformity to the design requirements of this chapter, the lack of adverse effect of the proposed development, and the compliance with the intents and purposes of this chapter. (b) It shall be unlawful for any person to intentionally or knowingly submit a false statement as part of an application for subdivision approval, exemption or exception. Section 5 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 provision or appli- cation, and to this end the provisions of this ordinance are declared to be severable. Section 6 A public hearing on the ordinance City Council Chambers, Aspen City Hall, shall be held on at 5:00 P.M. in the Aspen, Colorado. INTRODUCED, READ AND ORDERED pUblished as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen on the ~ day of ATTEST: Kathryn S. ~'.och City Clerk S~acy S~ndley III Mayor/ ~ / FINALLY adopted, passed and approved on the ATTEST: ~tt~rcY.~eSr~°Ch /~h~ day of 'Stacy St~nd'ley III / Mayor ~ / -4- RECORD OF PROCEEDINGS STATE OF COLORADO ) ) SS COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Koch, City .Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on ~ reading at a regular meeting of the City Council of the City of Aspen on ~~c~ c~, 197__~, and published in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of , 197~, and was finally adopted and approved at a regular meeting of the City Council on ~ /~, 197__~, and ordered published as Ordinance No. ~ , Series of 1977_, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto the seal of said City of Aspen, Colorado, day of ~ , 1974. set my hand and SEAL Kathyrn S/Koch, City Clerk r fut - c ty