This Title shall be known and may be cited as the "Town of Avon Development Code," or the "Development Code."

(Ord. 10-14 §3)

The Avon Development Code is adopted and enacted pursuant to the authority provided by Article XX of the Colorado Constitution and the Town of Avon Home Rule Charter; Article 65.1 Areas and Activities of State and Local Interest, Article 65.5 Notification of Surface Development, Article 67 Planned Unit Development Act of 1972 and Article 68 Vested Property Rights of Title 24, Colorado Revised Statutes; Article 20 Local Government Regulation of Land Use of Title 29, Colorado Revised Statutes; and Article 12 Annexation - Consolidation - Disconnection, Article 15 Exercise of Municipal Powers, Article 16 Ordinances - Penalties, Article 20 Taxation and Finance, Article 23 Planning and Zoning and Article 25 Public Improvements of Title 31, Colorado Revised Statutes; and other applicable state and federal laws and regulations.

(Ord. 10-14 §3)

The Development Code is intended to promote and achieve the following goals and purposes for the Avon community, including the residents, property owners, business owners and visitors:

(a)

Divide the Town into zones, restricting and requiring therein the location, erection, construction, reconstruction, alteration and use of buildings, structures and land for trade, industry, residence and other specified uses; regulate the intensity of the use of lot areas; regulate and determine the area of open spaces surrounding such buildings; establish building lines and locations of buildings designed for specified industrial, commercial, residential and other uses within such areas; establish standards to which buildings or structures shall conform; establish standards for use of areas adjoining such buildings or structures;

(b)

Implement the goals and policies of the Avon Comprehensive Plan and other applicable planning documents of the Town;

(c)

Comply with the purposes stated in state and federal regulations which authorize the regulations in this Development Code;

(d)

Avoid undue traffic congestion and degradation of the level of service provided by streets and roadways, promote effective and economical mass transportation and enhance effective, attractive and economical pedestrian opportunities;

(e)

Promote adequate light, air, landscaping and open space and avoid undue concentration or sprawl of population;

(f)

Provide a planned and orderly use of land, protection of the environment and preservation of viability, all to conserve the value of the investments of the people of the Avon community and encourage a high quality of life and the most appropriate use of land throughout the municipality;

(g)

Prevent the inefficient use of land; avoid increased demands on public services and facilities which exceed capacity or degrade the level of service for existing residents; provide for phased development of government services and facilities which maximizes efficiency and optimizes costs to taxpayers and users; and promote sufficient, economical and high-quality provision of all public services and public facilities, including but not limited to water, sewage, schools, libraries, police, parks, recreation, open space and medical facilities;

(h)

Minimize the risk of damage and injury to people, structures and public infrastructure created by wild fire, avalanche, unstable slopes, rock fall, mudslides, flood danger and other natural hazards;

(i)

Achieve or exceed federal clean air standards;

(j)

Sustain water sources by maintaining the natural watershed, preventing accelerated erosion, reducing runoff and consequent sedimentation, eliminating pollutants introduced directly into streams and enhancing public access to recreational water sources;

(k)

Maintain the natural scenic beauty of the Eagle River Valley in order to preserve areas of historical and archaeological importance, provide for adequate open spaces, preserve scenic views, provide recreational opportunities, sustain the tourist-based economy and preserve property values;

(l)

Promote architectural design which is compatible, functional, practical and complimentary checking to Avon's sub-alpine environment;

(m)

Achieve innovation and advancement in design of the built environment to improve efficiency, reduce energy consumption, reduce emission of pollutants, reduce consumption of non-renewable natural resources and attain sustainability;

(n)

Achieve a diverse range of attainable housing which meets the housing needs created by jobs in the Town, provides a range of housing types and price points to serve a complete range of life stages and promotes a balanced, diverse and stable full time residential community which is balanced with the visitor economy;

(o)

Promote quality real estate investments which conserve property values by disclosing risks, taxes and fees; by incorporating practical and comprehensible legal arrangements; and by promoting accuracy in investment expectations; and

(p)

Promote the health, safety and welfare of the Avon community.

(Ord. 10-14 §3)

(a)

Conflict of Laws. In their interpretation and application, the provisions of this Development Code shall be held to be minimum requirements for the promotion of the public health, safety and welfare. Whenever the requirements of this Development Code are more or less restrictive than the requirement of any other lawfully adopted rules, regulations or ordinances, including any applicable state or federal regulations, the more restrictive regulation or the regulation imposing the higher standards shall govern.

(b)

Meanings and Intent. All provisions, terms, phrases and expressions contained in this Development Code shall be construed according to the stated purposes in this Development Code. All provisions, terms, phrases and expressions contained in this Development Code shall be construed according to the general purposes set forth in Section 7.04.030 and the specific purpose statements set forth throughout this Development Code. The stated purpose in a specific Section of this Development Code shall control over the general purposes stated in Section 7.04.030 to the extent of any conflict in the stated purposes.

(c)

Headings, Illustrations and Text. In the event of a conflict or inconsistency between the text of this Development Code and any heading, caption, figure, illustration, table or map, the text shall control.

(d)

Lists and Examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as "for example," "including," and "such as," or similar language are intended to provide examples and shall not be interpreted as exhaustive lists of all possibilities or requirements.

(e)

References to Other Regulations and Publications. Whenever reference is made to a resolution, ordinance, statute, regulation or document, it shall be construed as a reference to the most recent edition of such regulation, resolution, ordinance, statute, regulation or document, unless otherwise specifically stated.

(f)

Delegation of Authority. Any act authorized by this Development Code to be carried out by a specific official of the Town may be carried out by a designee of such official. The Town Manager shall be authorized to carry out any act or designate any official to carry out any act authorized by this Development Code.

(g)

Technical and Nontechnical Terms. Words and phrases not otherwise defined in this Development Code shall be construed according to the common and approved usage of the language. Technical words and phrases not otherwise defined in Chapter 7.08 which may have acquired a particular and appropriate meaning in law shall be construed and understood according to such meaning. The most recent version of Webster's Dictionary or the most recent version of Black's Law Dictionary may be used to interpret the definition of a word or phrase not defined in this Development Code.

(h)

Public Officials and Agencies. All public officials, bodies and agencies to which references are made are those of the Town of Avon unless otherwise indicated.

(i)

Mandatory and Discretionary Terms. The words shall, must and will are always mandatory, and the words may and should are always discretionary.

(j)

Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

(1)

And indicates that all connected items, provisions or events shall apply; and

(2)

Or indicates that one (1) or more of the connected items, conditions, provisions or events shall apply.

(k)

Tenses and Plurals. Words used in one (1) tense (past, present or future) include all other tenses, unless the context clearly indicates the contrary. The singular shall include the plural and the plural shall include the singular.

(l)

Relationship to Third Party Agreement. The Development Code is not intended to repeal, abrogate, annul or in any way impair or interfere with existing provisions of private agreements or restrictive covenants running with land. Where the Development Code imposes a greater restriction than that of any other law, contract or deed, the provisions of the Development Code shall control. Nothing in the Development Code shall modify or repeal any private covenant or deed restriction, but such covenant or restriction shall not excuse any failure to comply with the Development Code. In no case shall the Town be obligated to enforce the provisions of any easement, covenants or agreements between private parties.

(m)

Authority of Director to Interpret. The Director has authority to render an interpretation or usage of terms used in this Development Code as applied to a specific development applications or activity or where such term or phrase is not defined in this Development Code. The Director shall use the rules of interpretation set forth in this Section and shall render interpretations in writing upon request. The written interpretation of the Director may be appealed to the Town Council in accordance with Section 7.16.180, Appeal.

(n)

Any use of property which violates local, state or federal law is prohibited.

(Ord. 10-14 §3; Ord. 10-12 §6)

This Section shall apply to the requirements and procedures of this Title 7. The time within which an act is required to be done shall be computed by excluding the first day and including the last day. If the last day is a Saturday, Sunday, an official holiday recognized by the State of Colorado or any official holiday recognized by the Town, the last day shall be deemed to be the next day which is not a Saturday, Sunday or official holiday. The failure of the Town to perform any act within the timeframe required for the Town shall not be deemed to be an automatic approval by the Town or a waiver of the Town's ability to review an application for development for compliance with the applicable standards and regulations.

The following time-related words shall have the following meaning:

Day means a calendar day unless working day is specified.

Month means a calendar month.

Week means seven (7) calendar days.

Year means a calendar year, unless a fiscal year is indicated.

(Ord. 10-14 §3)

(a)

Jurisdiction. The Development Code shall be effective throughout the Town's corporate boundaries. The Town's planning jurisdiction includes all land within the Town and the land within three (3) miles of the Town's corporate boundaries to the extent of the Town's major street plan, as adopted in the Avon Transportation Plan. A copy of a map showing the boundaries of the Town of Avon and the area within the three-mile planning jurisdiction shall be available for public inspection in the Town Community Development Department offices.

(b)

Permit Requirement. The Development Code establishes procedural and substantive rules for obtaining the necessary approval to develop land and construct buildings and structures. Development applications will be reviewed for compliance with the Town's Comprehensive Plan, with the regulations and standards adopted in this Development Code or with such regulations as are applicable in this Municipal Code or state or federal law. Issuance of a building permit or grading permit is required prior to the commencement of any development in the Town, including grading property or erecting, constructing, reconstructing, altering, moving or changing the use of any building, structure or improvement within the Town. A permit shall not be issued until the plans for development of the proposed erection, construction, reconstruction, alteration, moving, use or grading fully conform to the land development regulations in effect at the time of submitting the permit.

(Ord. 10-14 §3)

The provisions of the Development Code shall apply to all public bodies, districts and agencies of the federal, state, county and municipal governments to the extent permitted by law.

(Ord. 10-14 §3)

The normal maintenance by public utilities, special districts or municipal departments of underground, surface or overhead electrical, television, steam, gas, fuel, water, sewer or storm drainage transmission, collection or distribution systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarms and police call boxes, traffic signals, hydrants and similar equipment in connection therewith are exempted from the application of this Development Code. Not included in the exemption granted by this Section is the construction or alteration by public utilities or special districts of any aboveground systems or improvements within the right-of-way pursuant to Section 12.04.050 of this Municipal Code. Business offices and maintenance yards of such public utilities, special districts or municipal departments are not included in the exemption granted by this Section.

(Ord. 10-14 §3)

(a)

Implementation. It is the intention of the Town that the Development Code implements the planning policies adopted in the Avon Comprehensive Plan (including related documents as all may be amended or updated from time to time as defined in Chapter 7.08) for the Town and its extraterritorial planning area. This Development Code and any amendment to it may not be challenged on the basis of any alleged nonconformity with the Comprehensive Plan.

(b)

Binding. Pursuant to Section 31-23-206, C.R.S., the Avon Comprehensive Plan as defined in this Development Code shall be binding except as provided herein. Compliance or consistency with the Comprehensive Plan shall be a criterion for review of development applications as set forth in this Development Code. Persons other than the applicant shall not have any legal right or claim to challenge a determination by the Town of compliance or consistency with the Comprehensive Plan. Any language in the Comprehensive Plan document which states that any provision, guideline or policy is mandatory shall be subject to this Section. This Section shall apply and supersede any language contained in the Comprehensive Plan documents concerning interpretation and application of any Comprehensive Plan document. In all cases where compliance or consistency with the Comprehensive Plan is a criteria for review, the reviewing entity may determine that strict compliance with the Comprehensive Plan is not required under the following circumstances:

(1)

The development application is consistent with the general goals and intent of the Comprehensive Plan, taking into consideration the unique circumstances of the property, market conditions and the current needs of the community;

(2)

Strict compliance with multiple provisions of the Comprehensive Plan is not practical; and

(3)

The procedures for amending the Comprehensive Plan are not beneficial as applied to the development application for the purpose of promoting public involvement, community planning, updating the Comprehensive Plan or adopting or clarifying the precedence of a decision.

(c)

Prior Amendment Required. An amendment to the Comprehensive Plan will be required prior to any approval of a rezoning, PUD, subdivision or annexation approval where a development proposal would be in substantial conflict with the Comprehensive Plan. A substantial conflict shall be deemed to exist when a rezoning, PUD, subdivision or annexation proposal is not consistent with the Future Land Use Plan in the Comprehensive Plan. A substantial conflict may be found to exist when a rezoning, PUD, subdivision or annexation proposal is found to conflict with other goals and policies of the Comprehensive Plan.

(Ord. 10-14 §3)

(a)

Fees. Reasonable fees sufficient to cover the costs of administration, peer review by professionals qualified in fields relevant to development applications, inspection, publication of notice and similar matters will be charged to applicants for all development applications. The Town Council may adopt, amend and update a schedule of fees by resolution. The Director may require additional fees when deemed necessary and reasonable based on the nature and character of the review required or where unusual issues are presented which may require additional review.

(b)

Pass-Through Accounts. All development applications shall be treated as pass-through accounts, unless otherwise stated in the schedule of fees adopted by the Town Council through a resolution, whereby the applicant shall be liable for all costs of review incurred by the Town. Additional review fees may be requested if the initial amount designated in the Fee Schedule is not sufficient for the cost of application review. Upon request by the applicant, the Town shall provide an estimate of the cost for review of a development application. The Director may withhold processing and review of a development application where the applicant has not provided sufficient fees to continue or complete the application review. The Town shall return the balance of any unused application review fees when the application process is complete.

(c)

Payment in Full Required. All development applications shall be required to pay the Town in full for all costs incurred for the review of a development application. Payment in full to the Town of the costs incurred for development application review shall be a condition to each and every development application. The failure to pay the Town in full for the costs incurred for development application review within thirty-five (35) days of final approval shall render any such approval null and void. The Town Council may waive this requirement, reduce fees or extend the time period for payment.

(d)

Interest on Delinquent Fees. Development application review fees and charges which are not paid within thirty (30) days of sending an invoice shall be deemed to be past due and shall bear interest at the rate and according to the terms set forth in Chapter 3.32 of this Code.

(e)

Lien for Delinquent Fees. All delinquent development application review fees and charges, along with such interest that has accrued thereon, shall be subject to a lien on the property which the development application concerned, and all such delinquent charges may be certified to the County Treasurer and may be collected and paid over to the Town by the County Treasurer in the same manner as taxes are as authorized by Title 31, C.R.S.

(Ord. 12-05 §2)

(a)

Purpose. The purpose of this section is to clarify the status of properties with outstanding violations, at the time of the adoption of the Development Code.

(b)

Effective Date. The provisions of the Development Code became effective on November 16, 2010. Development plans approved under previous regulations that received vested property rights by approval of the Town Council by ordinance shall be valid for the duration of that vested property right, provided that all terms and conditions of such vested right approval are followed. Existing legal uses that may become nonconforming by adoption of this Development Code shall become legal nonconforming uses subject to the provisions of this Section.

(c)

Violations Continue. Any violation of the previous Titles 16, Subdivision, and 17, Zoning, shall continue to be a violation under the Development Code and shall be subject to the penalties and enforcement in this Chapter.

(d)

Future Subdivisions. Large tracts or blocks of land contained within a recorded subdivision that were intended or designed for resubdivision into smaller tracts, lots or building sites when originally approved shall be required to meet all provisions of the Development Code.

(e)

Violations, enforcement and penalties. A use, structure or lot not lawfully existing at the time of the adoption of the Development Code is deemed lawful and conforming as of the effective date of the Development Code if it conforms to all of the requirements of the Development Code. Payment shall be required for any civil penalty assessed under the previous code, even if the original violation is no longer considered a violation under the Development Code.

(Ord. 18-19, §2; Ord. 10-14 §3)

(a)

Intent. Within the districts established by this Development Code or amendments thereto that may be adopted, there may exist lots, structures and uses of land and structures, which were lawfully established before this Development Code was passed or amended, but which would be prohibited, regulated or restricted under the terms of this Development Code or by future amendment to the Development Code. It is the intent of this Section to permit these nonconformities to continue until they are removed, abandoned or more than fifty percent (50%) destroyed. It is the further intent of this Section that nonconforming structures and uses shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district, except as provided in this Section.

(b)

Uses of Land. Where, at the time of the passage of this Development Code or amendment thereof, lawful use of land existed which would not be permitted by the regulations imposed by this Development Code, the use may be continued so long as it remains otherwise lawful, provided that:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy greater area of land than was occupied at the effective date of adoption or amendment of this Development Code;

(2)

No such nonconforming use shall be moved in whole or in part to any portion of the lot or parcel other than that occupied by such use at the effective date of adoption or amendment of this Development Code;

(3)

Any such nonconforming use of land which ceases for any reason for a period of one (1) year shall be deemed abandoned, then any subsequent use of such land shall conform to the regulations specified by this Development Code for the district in which such land is located; and

(4)

No additional structure, not conforming to the requirements of this Development Code, shall be erected in connection with such nonconforming use of land.

(c)

Structures. Where a lawful structure existed at the effective date of adoption or amendment of the Development Code that could not be built under the terms of this Development Code by reason of restrictions on area, lot coverage, height, location on the lot or other requirements concerning the structure, such structure may continue to exist so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such nonconforming structure may be enlarged or altered in a way which increases its nonconformity, but any structure or portion thereof may be altered to decrease its nonconformity;

(2)

Should fifty percent (50%) or more of such nonconforming structures or nonconforming portion of a structure be destroyed by fire or other disaster, it shall not be reconstructed except in conformity with the provisions of this Development Code unless a permit for repair or reconstruction of a damaged nonconforming structure is issued pursuant to Subsection (d) below;

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after having been moved;

(4)

Additions or alterations to a nonconforming structure which meet the requirements of the Development Code shall not be prohibited; and

(5)

Additions or alterations to a nonconforming structure in the Town Center zone district shall not be required to comply with building orientation, minimum setbacks or building entry requirements when compliance with such requirements is determined by the Town to not be practical or feasible.

(d)

Repair or Reconstruction of Nonconforming Structures. When compliance with all of the requirements of the Development Code may result in a hardship or burden, the owner of a nonconforming structure which is damaged by fire or other disaster by more than fifty percent (50%) of its replacement cost may apply to the Planning and Zoning Commission (PZC) for a permit to repair or reconstruct the nonconforming structure. The decision of the PZC may be appealed to the Town Council in accordance with Section 7.16.180. The PZC shall use the criteria set forth in this Section to review an application to repair or reconstruct a damaged nonconforming structure:

(1)

The damage to the nonconforming structure was not caused by the intentional act of criminal conduct of the owner of the nonconforming structure or the owner's agent or representative;

(2)

The repair or reconstruction of the damaged nonconforming structure as proposed by the applicant will not result in a greater degree of nonconformity than existed immediately prior to the structure being damaged;

(3)

The repair or reconstruction of the damaged nonconforming structure as proposed by the applicant will be compatible and consistent with the existing development character in the immediate vicinity of the damaged structure;

(4)

The damaged nonconforming structure has been brought into compliance with the requirements of the Development Code to the maximum extent practical; and

(5)

The continuation of the nonconformity would not threaten the health or safety of the Avon community, would not present risk of damage or injury to property or persons and would not materially or adversely affect property values.

(e)

Uses of Structures or of Structures and Premises in Combination. If lawful use involving individual structures or of structures and premises in combination existed at the effective date of adoption or amendment of the Development Code that would not be allowed in the district under the terms of this Development Code, that use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this Development Code in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located;

(2)

Any nonconforming use may not be extended throughout any parts of a building, unless such building was manifestly arranged or designed for such use at the time of adoption or amendment of the Development Code, but no such use shall be extended to occupy any land outside such building;

(3)

Any structure or structures and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district and the nonconforming use may not thereafter be resumed;

(4)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for a period of one (1) year, the structure or structure and premises in combination shall not thereafter be used except in conformity with the regulations of the district in which it is located; and

(5)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land. Destruction, for the purpose of this Subsection, is defined as loss of fifty percent (50%) or more or of substantial damage to the structure.

(f)

Lot Reduction - Prohibition Against Establishing New Nonconforming Uses.

(1)

No lot or parcel of land, nor any interest therein, shall be transferred, conveyed, sold, subdivided or acquired either in whole or in part, so as to create a new nonconforming use, to avoid, circumvent or subvert any provision of this Development Code or so as to leave remaining any lot or width or area below the requirements for a legal building site as described in this Development Code; nor shall any lot or portion of a lot required for a legal building site under the provisions of this Development Code be used as a portion of a lot required as a site for another structure.

(2)

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 Section.

(Ord. 10-14 §3)

If any court of competent jurisdiction invalidates any provision of the Development Code, then such judgment shall not affect the validity and continued enforcement of any other provision of the Development Code. If any court of competent jurisdiction invalidates the application of any provision of the Development Code, then such judgment shall not affect the application of that provision to any other building, structure or use not specifically included in that judgment. If any court of competent jurisdiction invalidates any condition attached to the approval of an application for development approval, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.

(Ord. 10-14 §3)

An applicant agrees to save the Town, its officers, employees and agents harmless from any and all costs, damages and liabilities that may occur or be claimed to occur by reason of any work performed as a result of any development approval granted by the Town.

(Ord. 10-14 §3)

This Development Code shall not be construed as imposing upon the Town or any official or employee of the Town any liability or responsibility for damages of any kind to any person by reason of inspection authorized in the Development Code or failure to inspect or by reason of issuance of an application approval or building permit or by reason of pursuing or failing to pursue an action for injunctive relief.

(Ord. 10-14 §3)

(a)

Compliance Required. It is unlawful for any person to commence or any property owner or lessee to allow any development activity or subdivide land within the entire area of the Town without having first complied with the provisions of the Development Code. In the territory subject to subdivision jurisdiction beyond the municipal limits, it is unlawful for any person to subdivide land without having conformed with the major street plan of the Town, known as the "Town of Avon Comprehensive Transportation Master Plan."

(b)

Permit or Approval Based on Materially False Information. Any building permit or approval authorized by the Development Code that is issued in reliance upon any materially false statement in the development application or in supporting documents or oral statements is void from the beginning and shall be revoked.

(c)

Transfer or Sale of Interest Prior to Final Subdivision Approval. It is unlawful for any person to transfer or sell or agree to sell any lot, tract, parcel, site, separate interest (including a leasehold interest), condominium interest, timeshare estate or any other division within a subdivision within the Town until such subdivision has been approved in writing by the Town Council and a plat thereof recorded in the office of the Eagle County Clerk and Recorder. A written agreement to sell a condominium unit prior to final subdivision approval shall not constitute a violation of this Section if: the written agreement is expressly conditioned upon approval of the Town Council of the final subdivision plat and all related documents, the preliminary plan has been approved by the Town Council, the building or property to be subdivided has received development plan approval (if applicable), the written agreement provides that the prospective buyer or purchaser is entitled to terminate the written agreement and is entitled to receive the full amount of any monies deposited and the form of the written agreement has received approval by the Town Attorney prior to using the form of such written agreement with a prospective purchaser or buyer.

(d)

Public Nuisance. Violations of this Code may coincide with actions or conditions that are identified as a public nuisance in Chapter 8.24 of this Municipal Code. When that is the case, the Director may proceed under this Development Code, as well as the procedures of Chapter 8.24.

(e)

Persons Liable. The owner of property upon which any violation of this Development Code occurs shall be held responsible for the violation and be subject to the penalties and remedies provided in this Section.

(f)

Violations Cumulative. Any person violating any of the provisions of the Development Code shall be deemed to have committed a civil infraction for each and every day or portion of a day during which any infraction is committed, continued or permitted.

(Ord. 21-09 §2; Ord. 10-14 §3)

Any person violating any of the provisions of the Development Code shall be subject to the penalties contained in Chapter 1.09 of this Municipal Code. Any remedies provided for in this Section shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law. The imposition of any penalty under this Development Code shall not preclude the Town or affected property owner from instituting any appropriate action or proceeding to require compliance with the provisions of this Development Code.

(Ord. 10-14 §3)

Every person violating any provision of this Development Code shall be deemed to have committed a civil infraction for each and every day or portion of a day during which any infraction is committed, continued or permitted and shall be subject to the penalties contained in Chapter 1.09 of this Municipal Code.

(Ord. 10-14 §3)

(a)

Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of the Development Code or whenever the Director has reasonable cause to believe that there exists in any building or upon any premises any violation of the Development Code, the Director may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the Director by the Development Code. If such building or premises are occupied, the Director shall first present proper credentials and demand entry. If such building or premises are unoccupied, the Director shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. The Director may be accompanied by an officer of the Police Department or other law enforcement officer.

(b)

Refusal of Entry. Should entry be refused, the Director shall have recourse to every remedy provided by law to secure entry. When the Director shall have first obtained a proper inspection warrant or other remedy provided by law to secure entry, no owner or occupant or any other person having charge, care or control of any building or premises shall fail or neglect, after proper demand is made as herein provided, to promptly permit entry therein by the Director for the purpose of inspection and examination pursuant to the Development Code. Any person failing or refusing to permit entry shall be deemed to have committed a violation of this Section.

(c)

Enforcement Procedures. If the Director finds that any provision of the Development Code is being violated, the following actions may be taken:

(1)

Nonemergency Violations. In the case of violations of this Development Code that do not constitute an emergency or require immediate attention, written notice of the nature of the violation and required corrective action to be taken shall be given to the property owner, agent, occupant or to the applicant for any relevant permit. Notice shall be given in person, by certified U.S. Mail (return receipt requested) or by posting notice on the premises. The notice shall specify the Development Code provisions allegedly in violation and shall state that the individual has a period of thirty (30) days from the date of the notice of violation in which to correct the alleged violations before further enforcement action shall be taken. The notice shall also state any appeal and/or variance procedures available pursuant to this Development Code. In the event that the violation is not corrected and cured within thirty (30) days of the date of the notice of violation, the Director shall refer the violation to the Town Attorney who shall promptly file a complaint in Municipal Court seeking penalties, injunction, abatement and such other remedies as may be appropriate.

(2)

Emergency Violations. In the case of violations of this Development Code that constitute an emergency as a potential imminent threat to health or safety of the public, to public infrastructure, to damage to other properties or to soil erosion or water quality degradation, the Director may use the enforcement powers available under this Development Code without prior notice, but shall attempt to give notice simultaneously with beginning enforcement action or as soon thereafter as practicable. Notice may be provided to the property owner, agent, occupant or to the applicant for any relevant permit. The Director shall refer the violation to the Town Attorney who shall promptly file a complaint in Municipal Court seeking penalties, injunction, abatement and such other remedies as may be appropriate.

(3)

Extension of Time for Correction. The Director may grant an extension of the time to cure an alleged violation, up to a total of ninety (90) days, if the Director finds that, due to the nature of the alleged violation, it reasonably appears that it cannot be corrected within thirty (30) days.

(Ord. 10-14 §3)

(a)

Town Council. The Town Council may refer violations to the Town Attorney, direct the Building Official to issue a stop work order, set a hearing for revocation of a permit or take such other enforcement action set forth in this Section.

(b)

Penalties. When a violation is referred to the Town Attorney by the Director or the Town Council, the Town Attorney shall promptly file a complaint in Municipal Court or other court of competent jurisdiction seeking penalties, injunction, abatement and such other remedies as may be appropriate.

(c)

Deny/Withhold Permits. The Director or Building Official may deny and withhold all permits, certificates or other forms of authorization to use or develop any land, structure or improvements thereon until the alleged violation related to such property, use or development is corrected. This provision shall apply whether or not the current owner or applicant for the permit is responsible for the violation. The denial or withholding of a permit by the Director or Building Official may be appealed to the Town Council as provided in Section 7.16.180, Appeal.

(d)

Revocation of Permits.

(1)

Referral by Director. The Director may refer a request to revoke a development permit or building permit to the Town Council based upon violation of the Development Code.

(2)

Hearing Required. The Town Council may revoke any development permit, building permit or other authorization, after notice and a hearing. This Section shall not apply to the forfeiture of vested property rights.

(3)

Notice of Hearing. The hearing on the revocation of a development permit, building permit or other authorization shall be conducted during a regular or special meeting of the Town Council not less than eleven (11) days nor more than forty-five (45) days from the date the notice of the hearing is given. Notice of hearing shall be deemed given to the owner, the owner's agent or other person to whom the development permit was issued, upon deposit of said notice in the U.S. Mail, by certified mail, return receipt requested, addressed to the last known address of said person or to the address of record according to the Eagle County Assessor's records. Additional methods of service may also be utilized to give notice of the public hearing.

(4)

Findings. Following the hearing, the Town Council upon a finding of the following, may revoke any development permit, building permit or other authorization:

(i)

There is a departure from the approved plans, specifications or conditions of approval; or

(ii)

There is a violation of any provision of the Development Code; or

(iii)

The development permit was obtained by false representation; or

(iv)

The development permit was issued in error; or

(v)

Public improvements are not constructed in accordance with the approved final plat and supplemental information; or

(vi)

There is a material failure in the security granted for the public improvements.

(5)

Notice of Revocation. Written notice of revocation shall be served upon the owner, the owner's agent, applicant or other person to whom the permit was issued by certified U.S. mail, return receipt requested, or such notice may be posted in a prominent location at the place of the violation. No work or construction or use of the property shall proceed after service of the revocation notice.

(e)

Stop Work Order.

(1)

Issuance of Stop Work Order. The Director or Building Official may issue a written order to stop work on any property on which there is an uncorrected violation of either a provision of this Development Code or a provision of a development permit, building permit or other form of authorization. The stop work order shall specify the Development Code provisions allegedly in violation. Service of the order shall be given in person, by certified U.S. Mail (return receipt requested) or by posting notice on the premises. After any such order has been served, no work shall proceed on any building, other structure or tract of land covered by such order, except to correct such violation or comply with the order. The notice shall also state any appeal and/or variance procedures available pursuant to this Development Code.

(2)

Timing/Notice. The stop work order may be issued in conjunction with a notice of violation or subsequent to such notice. The stop work order may also specify a shorter time for correction of the violation than the thirty-day period specified in Paragraph 7.04.190(c)(1) above. The stop work order shall also indicate that failure to comply with the order may subject the violator to criminal liability as penalty for the violation.

(f)

Abatement or Injunctive Relief. The Director, through the Town Attorney, may initiate injunction or abatement proceedings or other appropriate legal action in the District Court or other court of competent jurisdiction to abate, remove or enjoin such violation and to recover damages, costs and reasonable attorney's fees incurred in the abatement and removal of such violation. In any court proceedings in which the Town seeks a preliminary injunction, it shall be presumed that a violation of this Development Code is a real, immediate and irreparable injury to the public; that the public will be irreparably injured by the continuation of the violation unless the violation is enjoined; and that there is no plain and adequate remedy at law for the subject violation. The Town may also abate a public nuisance in accordance with the procedures set forth in Chapter 8.24 of this Municipal Code.

(g)

Remedies Cumulative. The remedies provided for violations of this Development Code shall be cumulative and in addition to any other remedy provided by law and may be exercised in any order.

(h)

Compliance Agreement. The Director or the Town Attorney may enter into a compliance agreement with the following terms:

(1)

The violation shall be defined and admitted; and

(2)

The manner and time frame in which the violation will be corrected shall be defined; and

(3)

The time frame for correction of the violation may not exceed six (6) months without approval by Town Council; and

(4)

Prosecution of the violations shall be deferred during the time frame for correction of violation stated in the compliance agreement; and

(5)

The penalties shall be determined; and

(6)

The costs of enforcement shall be determined and payment of such costs shall be required; and

(7)

All enforcement actions and remedies may be pursued without waiver in the event that the violation is not corrected in accordance with the terms of the compliance agreement.

(i)

Appeals of Enforcement Actions. Appeals of any order, requirement, decision or determination made by an administrative official in the enforcement of this Development Code shall be made to the Town Council in accordance with the provisions of Section 7.16.180, Appeal.

(Ord. 10-14 §3)