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HomeMy WebLinkAboutR82-068 Amending and Readopting Zoning ResolutionBook 344 24115J 5J Recorded at 12:30PM August 26. 1982 Page 508 t ''ecorder: Johnnett Phillips '' >le Count RESOLUTION b >: OF THE BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 82- '6 d IN RE THE MATTER OF AMENDING AND READOPTING RESOLUTION OF THE COUNTY OF EAGLE, STATE OF AS AMENDED, AND THE SUBDIVISION REGULATIONS EAGLE, STATE OF COLORADO, 1972, AS AMENDED, INCORPORATED AND MADE A PART OF THE EAGLE C REGULATIONS, 1982. THE ZONING COLORADO, 1979, OF THE COUNTY OF AS THE SAME ARE )LINTY LAND USE WHEREAS, the Board of County Commissioners of the County of Eagle, State of Colorado, hereinafter referred to as the "Board ", is authorized pursuant to state enabling legislation including, but not limited to, Section 30 -28 -101 et sec., and Section 29 -20 -101 et sec., respectively, C.R.S. 1973, as amended, to plan for and regulate the use and development of land in the unincorporated territory of the County of Eagle, State of Colorado, for the purpose of promoting the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of the County of Eagle; and WHEREAS, the Board has adopted such land use regulations including, but not limited to, the Zoning Resolution of the County of Eagle, State of Colorado, 1979, as amended, and the Subdivision Regulations of the County of Eagle, State of Colorado, 1972, as amended; which land use regulations have been incorporated into one comprehensive document entitled "Eagle County Land Use Regulations ", hereinafter referred to as "L.U.R. ", pursuant to Resolution No. 82 -26; and 1 Fee $33.00pd a WHEREAS, pursuant to Resolution No. 82 -27, the Board did on May 10, 1982, adopt certain amendments to the Zoning Resolution of the County of Eagle, Colorado, 1979, as amended, and the Subdivision Regulations of the County of Eagle, Colorado, 1972, as amended; and WHEREAS, during the aforesaid adoption process, certain administrative amendments were inadvertently omitted from Resolution No. 82 -27, although the same had been duly con- sidered by the Eagle County Planning and the Board, respectively, and had been made available for public inspection prior to the hearing process; and WHEREAS, the Board desires to amend the Zoning Resolution of the County of Eagle, Colorado, 1979, as amended, and the Subdivision Regulations of the County of Eagle, Colorado, 1972, as amended, and consistent therewith, Chapter I of the L.U.R. to include therein these certain amendments inadvertently omitted in the adoption of Resolution No. 82 -27. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Zoning Resolution of the County of Eagle, Colorado, 1979, as amended, and the Subdivision Regulations of the County of Eagle, Colorado, 1972, as amended, and in conjunction there- with, Chapter I of Eagle County Land Use Regulations, are hereby amended as set forth in Exhibit "A" attached hereto and incorp- orated herein by this reference. THAT, the amendments set forth in Exhibit "A" shall become effective upon adoption by the Board and the recording thereof in the property records of the County of Eagle, State of Colorado. THAT, the entirety of the Zoning Resolution of the County of Eagle, State of Colorado, 1979, as amended, and the Subdivision Regulations of the County of Eagle, State of Colorado, 1972, as amended, and in conjunction therewith, Chapter I of the L.U.R., as the foregoing are herein amended, are hereby readopted. THAT, this amendment and readoption of the Zoning Resolution of the and the Subdivisi 1972, as amended, the L.U.R., shall of any violations Resolution. County of Eagle, Colorado, 1979, as amended, Dn l,egulations of the County of Eagle, Colorado, and in conjunction therewith, Chapter I of not constitute or be construed as a waiver existing at the time of adoption of this THAT, should any section, clause, provision, sentence or word of this Resolution, including the attached exhibit, be declared by a court of a 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 de- clared to be invalid. For this purpose, this Resolution is declared to be severable. THAT, this Resolution is necessary for the public health, safety and welfare. MOVED, READ AND UNANIMOUSLY ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held this day of ��� 1982. =0 i l6rk;eT,-the Vba_e r Cduney"Conimissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its BOARD OF COUNTY COMMISSIONERS By: 9 ' Dale F. Grant, Chairman 13 EXHIBIT "A" TO RESOLUTION No. 82- (AMENDMENTS TO THE ZONING RESOLUTION OF THE COUNTY OF EAGLE, STATE OF COLORADO, 1979, AS AMENDED, AND THE SUBDIVISION REGULATIONS OF THE COUNTY OF EAGLE, STATE OF COLORADO, 1972, AS AMENDED, AS THE SAME ARE INCORPORATED IN CHAPTER I OF THE EAGLE COUNTY LAND USE REGULATIONS, 1982.) I. Subparagraph 4 of Subsection 1.15.02 (Subdivision Reg- ulations) of Chapter I of the Eagle County Land Use Regulations is hereby amended to read as follows: " 4) Suspension of Approval The Board of County Commissioners may suspend or withdraw any approval of a plan or plat or may re- quire certain corrective measures to be taken following a determination that the information provided by the subdivider upon which such approval was based is false or inaccurate. A written notice from the Board of County Commissioners or its des- ignated representative shall be served upon the subdivider, setting out a clear and concise statement of the alleged facts and directing the subdivider to appear at a certain regular meeting of the Board of County Commissioners not less than ten (10) days nor more than thirty (30) days after the date of service of notice. The Board of County Commissioners shall determine at the meeting the nature and extent of alleged false or inaccurate information, shall con- sider any new significant information that has been brought to its attention, and shall, for good cause shown, suspend or withdraw any approval or require certain corrective measures to be taken. This Section shall not apply to any Final Plat where lots have been sold." II. Section 1.15 (Enforcement) is hereby amended by the add- ition of Subsection 1.15.03 (Building Violations) therein to read as follows: "1.15.03 Building Violations 1) The County Building Inspector or his designated representative is authorized to administer and enforce the County Building Code set forth in Chapter III of these Land Use Regulations. It shall be unlawful to erect, construct, recon- struct, alter or remodel any structure, dwelling, or building in the designated area without first obtaining a building permit from the County Building Inspector or his designated representative except when expressly exempt from the Eagle County Building Resolution as found in Chapter III. The 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 in the County Building Code. 2) Any violation of the County Building Code shall be deemed a nuisance. 3) Any person who violates the provisions of the County Building Code is liable upon conviction of a fine of not more than $100, or by imprison- ment in the County Jail for not more than (10) 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. 4) In case any building or structure is or is pro- posed to be erected, constructed, reconstructed, altered, remodeled, used or maintained in viola- tion of the provisions of the County Building Code, 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, re- modeling, maintenance or use." III. Section 1.15 (Enforcement) is hereby amended by the add- ition of Subsection 1.15.04 (Individual Sewage Disposal Systems) therein to read as follows: "1.15.04 Individual Sewage Disposal Systems 1) For the purpose of administering and enforcing the Individual Sewage Disposal Regulations set forth in Chapter IV of the Land Use Regulations, the County Environmental Health Officer or his designated representative is authorized to enter upon private property for the purpose of determining whether or not sewage disposal facilities installed thereon are in compliance with the Individual Sewage Disposal Regulations. The owner or occupant of every property having an individual sewage disposal system shall give the Health Officer free access, after the Health Officer has given reasonable notice,to the property i' for such survey or inspection. If access is denied, the Health Officer may apply to the District Court of Eagle County frr an order authorizing entry. 2) Whenever the Health Officer or his designated representative determines that there has been a violation of any provision of these Regulations, he shall give notice of such violation to the responsible person or persons. Such notice shall be in writing, and shall particularize the violation(s), provide a reasonable time for correction, and be addressed to the owner and occupant or the property concerned. Service of such notice shall be provided by the Colorado Rules of Civil Procedure, or by registered or certified mail, return receipt requested, del- iverable to addressee only. Service by mail shall be complete upon receipt by the Environmental Health Office of the return receipt. If one or more persons cannot be found or served after a diligent effort to do so, service may be made by posting a notice in a conspicuous place in or about the property affected by the notice, in which case the County Environmental Health Officer shall in- elude in the record a statement as to why the posting was necessary. 3) The County Environmental Health Officer may issue an order to cease and desist from the use of any system which is found by the Health Officer not to be functioning in compliance with the Individual Sewage Disposal Regulations of which otherwise constitutes a nuisance to public health and which has not received the timely re- pairs in accordance with the provisions of para- graph (2) next above. Such an order may be is- sued only after a hearing which shall be con- ducted by the Health Officer not less than 48 hours after written notice is given to the owner or occupant of the property on which the system is located and at which the owner and occupant may be present, with counsel, and be heard. The order shall require that the owner or occupant bring the system into compliance or eliminate the nuisance or hazard within a reasonable period of time, not to exceed thirty (30) days, or thereafter cease and desist from the use of the system. 4) General Prohibitions The following provisions specify general pro- hibitions and are set forth for ease of re- ference but not as guidelines herein: a) No city or town in Eagle County shall issue to any person a permit to construct or remodel a building or structure which is not serviced by a sewage treatment works, until a permit for an individual sewage disposal system has been issued by the Eagle County Environmental Health Department. r, 3; b) No city or town occupancy permit shall be issued to any person for the use of a building which is not serviced by a sewage treatment works until a final inspection of the individual sewage disposal system has been issued by the Eagle County Environ- mental Health Department, and the installa- tion has received the approval of same. c) No individual sewage disposal system pre- sently in use which does not comply with the provisions of Chapter IV regarding min- imum separation between the maximum seasonal level of the groundwater table and the bottom of an absorption system shall be permitted to remain in use after October 1, 1975, with- out compliance with Chapter 4. d) Construction of cesspools defined as covered underground receptacles which receive un- treated sewage from a building and permit the untreated sewage to seep into surrounding soil is prohibited. e) Not more than one (1) dwelling, commercial, business, institutional, or industrial unit shall be connected to the same individual sewage disposal system unless such multiple connection was specified in the application submitted and in the permit issued for the system. S� i t s? f) No person shall construct or maintain any dwelling or other occupied structure which is not equipped with adequate facilities for the sanitary disposal of sewage without endangering the public health. 5) Any person who commits any of the following acts or violates any of the provisions of the Indiv- idual Sewage Disposal Regulations commits a Class I Petty Offense as defined in Section 18 -1 -107, C.R.S. 1973, as amended: a) Constructs, alters, installs, or permits the use of any individual sewage disposal system without first having applied for and received a permit as provided for in the Individual Sewage Disposal Regulations. b) Constructs, alters, or installs an individual sewage disposal system in a manner which involves a knowing and material variation from the terms or specifications contained in the application or permit. c) Violates the terms of a final cease and desist order. d) Conducts a business as a Systems Contractor without having obtained the license provided for in the Individual Sewage Disposal Reg- ulations. e) Conducts a business as a Systems Cleaner without having obtained the license provided for in the Individual Sewage Disposal t ' ¢ mv�xa�rw�d. avawra4tiYNY ,6ilrommf2s'�aWx�SRwt�'G3hzm.*s aaeevetsxm'a"�iswas,� �.a. waum:c,.a. rmvmmmv a.eu+a zwmm�m...xuu.Vmn tsw.rznws »sanavmmer. wezasav�m�m. w.'mcxnsnnat � � � i���4''� �a•.' �!TN�$�R n Regulations. f) Willfully fails to submit upon request proof of proper maintenance and cleaning of a system as required by the Individual Sewage Disposal Regulations. g) In addition to other remedies provided in this Section S, the Board of County Commissioners, by and through its County Attorney, or any owner of real estate with- in the area may institute an appropriate action for injunction, mandamus, or abate- ment to prevent, enjoin, abate or remove the erection, construction, reconstruction, alteration, remodeling, maintenance or use of any individual sewage disposal system which is in violation of the provisions of the Individual Sewage Disposal Regulations."