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HomeMy WebLinkAboutordinance.council.052-74RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. (Series of 1974) AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM HOUSING CODE, 1973 EDITION (EXCEPTING SECTION 203 THEREIN); AMENDING CERTAIN SECTIONS OF SAID CODE; PROVIDING PENALTIES FOR VIOLATIONS OF SAID CODE; AND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT THEREWITH WHEREAS, the City Council desires to adopt the 1973 edition of the Uniform Housing Code, to repeal existing inconsistent housing code provisions; and implement an amendment to the uniform code, more specifi- cally, designating the Board of Appeals and Examiners to enforce said code, in lieu of establishing a Housing Advisory and Appeals Board as recommended by the Uniform Housing Code. NOW, THEREFORE, DE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That Sections 7-196 and 7-197 of the Aspen Municipal Code be and hereby are repealed and re-enacted to read as follows: "Section 7-196 Adoption of Uniform Housing Code Pursuant to the power and authority conferred by the law of the State of Colorado and the Charter of the City of Aspen, Colorado, it is hereby adopted as the housing code of the City of Aspen the Uniform Housing Code, 1973 edition, (excepting Section 203 therein), published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California, 90601, all to have the same force and effect as though set RECORD OF PROCEEDINGS 100 Leaves forth herein in every particular. Section 7-197 Amendment Whenever in said Uniform Housing Code hereby adopted there is made reference to the 'Housing Advisory and Appeals Board' there shall be read in lieu thereof the 'Board of Examiners and Appeals' which agency shall exercise all powers granted to the Housing Advisory and Appeals Board in the Uniform Housing Code." Section 2 That the Municipal Code of the City of Aspen is hereby amended by adding Section 8-198 which section reads as follows: "Section 7-198 Violations and Penalties (a) No person, firm, or corporation, whether as owner, lessee, sublessee, or occupant, shall erect, construct, enlarge, alter and repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this Code or any order issued by the Building Official hereunder. (b) Any person, firm or corporation violating any of the provisions of of a misdemeanor, deemed guilty of this Code shall be deemed guilty and each such person shall be a separate offense for each and every day or portion therof during which any violation of any of the provisions of this Code is committed, continued, or permitted, and upon conviction of any such violation such person shall be punished by a -2- RECORD OF PROCEEDINGS 100 Leaves fine of not more than Three Hundred ($300.00) Dollars or by imprisonment for not more than ninety (90) days, or by both such fine and im- prisonment.'' Section 3 That the Uniform Housing Code, 1973 edition, hereinabove adopted by this reference, is designed to insure that all habitable buildings maintain minimum standards of structural size and soundness, contain adequate sanitary facilities, and are maintained in a clean and safe condition. More specifically, the Code established space and occupancy standards, structural and mechanical requirements, and sanitary standards, and designates the building inspector as the enforcing officer with a right of appeal the toe Board of Examiners and Appeals. Section 4 That three copies of the Uniform Housing Code being considered for adoption by this Ordinance, all certified to be true copies by the Mayor and City Clerk, shall be on file with the City Clerk and shall be open for public inspection in her office at the Aspen City Hall, Aspen, Colorado, any week day between the hours of 9 a.m. and 5 p.m. at least fifteen (15) days pre- ceeding the public hearing on this ordinance. RECORD OF PROCEEDINGS 100 Leaves Section 5 That on passage of this ordinance, and adoption, of this Code by reference, one copy of the Code may be kept in the office of the chief enforcement officer instead of in the office of the City Clerk. Following the adoption of this Code, the City Clerk shall at all times maintain a reasonable supply of copies of the Code available for purchase by the public. Section 6 That existing ordinances or parts of ordinances covering the same matters as embraced in this ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed, except that this repeal shall not prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance. Section 7 If any provision of this ordinance or the applica- tion thereof to any person or circumstance shall be found to be invalid, such invalidity shall not affect any remaining portion or application which can be given e~fect and to this end this ordinance is declared to be severable. Section 8 A public hearing on this ordinance shall be held on the ~__ day of ~#~ , 1974, at 5 p.m. in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Pursuant to the provisions of Chapter 139 Article 34, C.R.S. -4- RECORD OF PROCEEDINGS 100 Leaves 1963, notice of the hearing shall be published at least twice, once at least eight (8) days preceeding and once at least fifteen (15) days preeeeding the hearing above established. INTRODUCED, READ AND ORDERED published as pro- vided by law by the City Council of the City of Aspen, Colorado, on the ~=~ day of ~, 1974. ATTEST: City Clerk day ATTEST: FINALLY ADOPTED, PASSED AND APPROVED this ~-~-~ , 1974. i Sta~v St and.!ey City Clerk STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. do hereby certify that the above and introduced, read in full, and passed Hauter, City Clerk of Aspen, Colorado, foregoing ordinance was reading at a regular meeting of the City Council of the City of Aspen on ~__~'~x _~f)~ , 197 ~, and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its 7,/ issue of ~--~.~~ .~_, 197 ~, and was finally adopted and approved at a regular meeting of the City Council on* ~z~-~f-~-~-~ ---P%J , 197~/, and ordered publzshed as Ordinance No. ~ , Series of 197 ~/, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto the seal of said City of Aspen,' Colorado, day of ~-~,~--zv~/~:-~-/ , 197 .'~i..- set my hand and this ~'~ Kathryn ~. Hauter, City Clerk