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HomeMy WebLinkAboutordinance.council.008A-88 (Series of 1988) AN ORDINANCE AMENDING ORDINANCE NO. 59 SERIES OF 1985 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, CLARIFYING THE CT.~.AN AIR ADVISORY BOARD'S ROLE IN GRANTING VARIANCES TO THE CITY CLF. AN INDOOR AIR ACT WHEREAS, in deciding whether to grant extensions to the bar area as defined in the City of Aspen Clean Indoor Air Act, the Clean Air Advisory Board and Environmental Health Department have agreed that the Clean Air Advisory Board should have the final say in granting or denying of such extensions, in order to provide a public forum for discussion of such extensions, NOW, THEREFORE, BE IT ORDAINED BY THECITY COUNCIL OF THECITY OFASPEN, COLORADO: Section 1 That Section 5 of Ordinance 59, Series of 1985 of the City of Aspen be and the same is hereby amended to read as follows: "Section 5 The Director of Environmental Health is hereby designated with the authority to grant or deny ~D~ of the 15' limitation set forth in Section 11-4.3(a)~~ and make administrative determinations regarding the ~nterpretation and applicability of the City of Aspen Clean~~k,~.~e Clean Air Board shall determination by the D~rector of Envzronmental Health. decision of the Director will remain open for 30 days to allow the Board time to be presented with the.decisio~ by the Environmental Health Depmrtment and determine if the Board wants to act on the administrative decision." Section 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinances. Section 4 A p~ng on the ordinance shall be held on the ~-*~ day of~/~ , 1988, in the City Council Cha~ers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by t~e~y Council of the City of ASpen on the /~ day of _ , 1988. William L. Stirling, Mayor ATTEST: Kathryn~. Koch, City Clerk LY passed approved day of adopted, and this ~ ' , 1988. William L. Stir~ling, Mayo~y ATTEST: Kathryn~. Koch, City Clerk