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HomeMy WebLinkAboutordinance.council.003-74RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1974) AN ORDINANCE AMENDING CHAPTER 10 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN TO ALLOW TRASH CONTAINERS GREATER THAN pRESENTLY ALLOWED; PROVIDING FOR PLACE- MENT OF CONTAINERS OUT OF PUBLIC VIEW AS MUCH AS REASONABLY POSSIBLE; AND AUTHORIZING THE CITY ADMIN- ISTRATOR TO GRANT EXCEPTIONS TO THE REQUIREMENTS OF THIS CHAPTER WHEN THE APPLICANT ESTABLISHES ENFORCE- MENT WILL pRESENT UNNECESSARY HARDSHIP OR PRACTICAL DIFFICULTIES. WHEREAS, the City Council has been apprised that the size, location and maintenance of trash receptacles has presented the city administration and its agents with considerable difficulties because of the previous code provisions and has requested various amendments thereto, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That section 10-5 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: "Sec. 10-5. Specifications for container, s. The metal containers in which garbage shall be deposited, as provided in section 10-3 shall be of a capacity not LESS THAN THIRTY-TWO (32) GALLONS NOR to exceed ~$~¥_~w~_~32~-~a~Zem~ ONE CUBIC YARD each, and shall have a fly. tight cover, be leakproof and be provided with a bail or side handles." RECORD OF PROCEEDINGS 100 Leaves Section 2. That section 10-8 of the Municipal Code of the City of Aspen, Colorado, is hereby amended to read as follows: "Sec. 10-8. Removal of unlawful accumulations by cit~; lien for cost of remova!· In the event that the owner or occupant of premises in the city shall permit ashes, trash or garbage to accumulate thereon and fail or refuse to deposit such ashes, trash or garbage in suitable containers in accordance with the provisions of this chapter or fail to place the same at or near the street or alley adjacent to the premises in a position convenient for loading, the city at the discretion of the sanitarian may cause the ashes, trash or garbage to be removed. In such case the entire expense of the collection and removal thereof shall be charged against such premises and against the owner or occupant thereof in addition to the regular charge for collection and disposal of such ashes, trash and garbage. PROVIDED, HOWEVER, THAT WHEN COLLECTION OF TRASH AND GARBAGE IS NOT IMMINENT, ALL CONTAINERS SHALL BE PLACED ON THE PREMISES SO AS TO BE OUT OF PUBLIC VIEW AS MUCH AS REASONABLY POSSIBLE." Section 3. That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding a section which said section reads as follows: (2) RECORD OF PROCEEDINGS 100 Leaves "Sec. 10-10. E×mmptions from requirements of this chapter. The City Council hereby authorizes the city manager to permit exceptions from the requirements of this chapter on application and when its require- ments will impose practical difficulties or unnec- essary hardship." Section 4. 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 this end the provisions or applications of this ordinance are declared to be severable. Section 5. The public hearing on this ordinance shall be held on the ~' day of ~.~ , 1974, at 5 P.M. in the City Council Chambers, City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of Aspen, Colorado, at its meeting held at the City of Aspen on the // day of~, Stacy St~ndley ~1 ~ Mayor/ '-"/ ATTEST: RECORD OF PROCEEDINGS 100 Leaves INTRODUCED, READ AND FINALLY APPROVED as provided by law by the City Council of Aspen, Colorado, at its meeting held on the ~O"~day of~~f ., 1974. ,,.--" '/ Stacy~tandley I%% May ATTEST: STATE OF COLORADO) ) ss CERTIFICATE COUNTY OF PITKIN ) I, Lorraine Graves, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read by title, and passed on first reading at a regular meeting of the City Council of the City of Aspen on February 11 , 19~ , and published in the AspenTimes , a weekly newspaper of general circulation, published in the City of Aspen, Colorado, in its issue of .. ~h~'~3 ia, 197~_, and was finally adopted and approved at a regular meeting of the City council on ..... ~bruary 25 published as Ordinance No. 3 said City, as provided by law. 1974, and ordered Series of 197~_, of IN WITNESS WHEREOF, I have hereunto set my hand seal of said City of Aspen, Colorado, this day of w~hrumry , 197__~. and the SEAL ~._..-~orraine Graves, City Clerk