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HomeMy WebLinkAboutordinance.council.053-74RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~ (Series of 1974) AN ORDINANCE ADOPTING BY REFERENCE THE UNIFORM MECHANICAL CODE, 1973 EDITION; PROVIDING PENALTIES FOR THE VIOLATION OF SAID CODE; AND REPEALING SECTIONS OF THE MUNICIPAL CODE INCONSISTENT THEREWITH. WHEREAS, the Aspen City Couneil desires to adopt, for the benefit of the citizens of the City of Aspen, Colorado, the 1973 edition of the Uniform Mechanical Code and to repeal inconsistent existing code provisions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That Sections 7-245, 7-246, and 7-247 of the Municipal Code of the City of Aspen be and hereby are repealed with sections 7-245 and 7-246 re-enacted to read as follows: "Sec. 7-245 ado~ti9n of .Uniform Mechanical Cod,'. Pursuant to the power and authority conferred by the laws of the State of Colorado and the Charter of the City of Aspen, Colorado, it is hereby adopted as the mechanical code of the City of Aspen, by reference thereto, the Uniform Mechanical Code, 1973 edition (excepting Sec. 202 thereof but including Appendices A, B and C thereto) published by the International Association of Plumbing and Mechanical Officials, 5032 Alhambra Avenue, Los Angeles, California, 90032, and the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, RECORD OF PROCEEDINGS 100 Leaves all to have the same force and effect as though set forth herein in every particular. Sec. 7-246 Violations and Penalties (a) It shall be unlawful for any person, firm or corporation to erect, install, alter, repair, relocate, add to, replace, use or maintain heating, ventilating, cooling or refrigeration equipment in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this code. Maintenance of equipment which was unlawful at the time it was installed and which would be unlawful under this code if installed after the effective date of this Code, shall constitute a continuing violation of this code. (b) Any person, firm or corporation violating any of the provisions of this Code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof 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 fine not to exceed Three Hundred ($300.00) Dollars, or by imprisonment for not more than ninety (90) days or by both such fine and imprisonment". Section 2. That the purpose of this code is to provide minimum standards to safeguard life or limb, health, property and - 2 - RECORD OF PROCEEDINGS 100 Leaves public welfare by regulating and controlling to design construction, installation, quality of materials, location, operation and maintenance of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances. Section 3. That three copies of the Code 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 9:00 A.M. and 5:00 P.M. at least fifteen (15) days preceding the public hearing in this Ordinance. Section 4. 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 5. Re~eal of Inconsistent Ordinances 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 - 3 - RECORD OF PROCEEDINGS 100 Leaves ATTEST: -~ City Clerk taking effect of this ordinance. Section 6. If any provision of this ordinance or the application 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 effect and to this end this ordinance is declared to be severable. Section 7. A public hearing on this ordinance shall be held on the ~ day of ~~/ , 1974, at 5:00 P.M., in the City Council Chambers, Aspen City Hall, Aspen, Colorado. Pursuant to the provisions of Chapter 139 Article 34, C.R.S. 1963, notice of the hearing shall be published at least twice, once at least eight (8) days preceding the hearing and once at least fifteen (15) days preceding it. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, on the ~? day of ~~ , 1974. - St~c~ Standley, III / ~ FINALLY ADOPTED, PASSED AND APPROVED this ~-~F~day of ATTEST: . /~MayOr ~ / City Clerk - 4 - STATE OF COLORADO ) ) ss COUNTY OF PITKIN ) CERTIFICATE I, Kathryn S. Hauter, 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~ _~ , 197~, and publish- ed in the Aspen Times a weekly newspaper of general circul- ation, published in the City of Aspen, Colorado, in its issue of t~w_~~ ,",~ , 197~/-, and was finally adopted and approved Ordinance No. at a regular meeting of the City Council on~ , 197 ~,~ and ordered published as , Series of 197~, of said City, as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen,' Colorado, this ~ day of ~_.~_~i~z~" , 197 ~ Kathryn ~ Haut~r, City Clerk