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R89-047 amendment and readoption of building resolution 1985I - Commissioner C C�PJ -P- S moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 89- `-47 IN RE THE MATTER OF THE AMENDMENT AND READOPTION OF THE BUILDING RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO, 1985 WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board "), is authorized, pursuant to State enabling legislation including but not limited U0 §§ 30 -28 -201, et seq., C.R.S., to adopt codes and /or resolutions regulating the construction or alteration of dwellings, buildings and structures, together with plumbing and electrical installations therein or in connection therewith; and WHEREAS, § 30 -28 -204, C.R.S., provides that from time to time the Board, by resolution, may alter and amend any County building resolution; and WHEREAS, on January 18, 1989, the Eagle County Planning Commission considered certain amendments to the Building Resolution of the County of Eagle, State of Colorado, 1985; and WHEREAS, on January 24 and February 14, 1989, public hearings were held before the Board to consider the adoption of said amendments; and WHEREAS, notice stating the time and place of the public hearings was duly given by publication once weekly for four consecutive weeks in the Eagle Valley Enterprise on December 8, 15, 22 and 29, 1988; and WHEREAS, the proposed amendments were continuously available for public inspection in the Eagle County Department of Community Development; and 3 WHEREAS, the Board, having reviewed all of the evidence, testimony, statements and exhibits submitted at the public hearings, as well as the comments and recommendations of the Eagle County Planning commission and the Eagle County Department of Community Development, hereby determines that the adoption of the proposed amendments and the readoption of the Building Resolution of the County of Eagle, State of Colorado, 1985, are necessary and proper for the protection of the public health, safety, welfare, morals, and best interests of the citizens and residents of the County of Eagle, State of Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Building Resolution of the County of Eagle, State of Colorado, 1985, is hereby amended and readopted. THAT this amendment and readoption of the Building Resolution of the County of Eagle, State of Colorado, 1985, shall not be construed as a waiver of any violation existing at the time of adoption of this Resolution. THAT this amendment and readoption of the Building Resolution of the County of Eagle, State of Colorado, 1985, shall not be construed as reviving any other resolution or portion thereof previously repealed. That a copy of the Building Resolution of the County of Eagle, State of Colorado, 1985, as hereby amended and readopted, shall be kept in the office of the Eagle County Department of Community Development, and there made available for public inspection. THAT the Eagle County Building Inspector or his designated representative is authorized to administer and enforce the Building Resolution of the County of Eagle, State of Colorado, 1985, as hereby amended and readopted. It shall be unlawful to erect, construct, reconstruct, alter or remodel any structure, dwelling, or building in the designated area without first obtaining a building permit from the Eagle County Building Inspector or his designated representative except when expressly exempted from the Building Resolution of the County of Eagle, State of Colorado, 1985, as amended and readopted. The Eagle County Building Inspector or his designated representative shall not issue any permit unless the plans for such proposed erection, construction, reconstruction, alteration, or remodeling fully conform to the regulations and restrictions set forth in the Building Resolution of the County of Eagle, State of Colorado, 1985, as amended; and /or the Eagle County Land Use Regulations, 1982, as amended. -2- 3 f THAT, no person shall commence or continue any work in respect to any building structure, or mobile home, or any sewage disposal system in violation of the provisions of the Building Resolution of the County of Eagle, State of Colorado 1985, as herein amended. THAT, any person who violates the provisions of the Building Resolution of the County of Eagle, State of Colorado, 1985, as herein amended, is liable upon conviction of a fine of not more than One Hundred Dollars ($100.00), or by imprisonment in the County jail for not more than ten days, or by both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense. THAT, in case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, remodeled, used or maintained in violation of the provisions of the Building Resolution of the County of Eagle, State of Colorado, 1985, as amended, the Board of County Commissioners, by and through its County Attorney, the District Attorney, or any owner of real estate within the area, in addition to other remedies provided by law, may institute an appropriate action for injunction, mandamus, or abatement to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, remodeling, maintenance or use. THAT, pursuant to Resolution No. 82 -26, the Building Resolution of the County of Eagle, State of Colorado, as amended, is hereby incorporated into the Eagle County Land Use Regulations as Chapter III. THAT, should any section, clause, provision, sentence or word of this Resolution be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of this Resolution as a whole, or any parts thereof, other than the part so declared to be invalid. THAT, the Building Resolution of the County of Eagle, State of Colorado, 1985, as amended and readopted herein, shall be effective February 14, 1989. THAT the provisions of this Resolution are necessary for the health, safety and welfare of the citizens and residents of the County of Eagle, State of Colorado. -3- MOVED, READ AND ADOPTED by the Board of the County of Eagle, State of Colorado, held the -� day of , February 14, 1989 of County Commissioners at its regular meeting 1989, nunc pro tunc COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: R b15 -21J7 Richard L. Gustafson, Chairman George A. Gates, Commissioner Commissioner &�) -[ dL seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Donald H. Welch Commissioner George A. Gates �L Commissioner Richard L. Gustafson y{ 6 5 T This Resolution passed by ° n-4 -6 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. uounry uommissioners