BLUE RIVER, COLORADO ORDINANCE NO.

80424 | 02/28/2020 | Ad id: 8-0000553879-01
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BLUE RIVER, COLORADO
ORDINANCE NO. 2020-01
AN ORDINANCE ADOPTING BY REFERENCE SUBDIVISION REGULATIONS PUBLISHED
BY THE TOWN OF BLUE RIVER AND ESTABLISHING PENALTIES FOR VIOLATIONS

WHEREAS, the Town of Blue River promulgated and published regulations known as the Subdivision Regulations to govern all persons who at any time subdivide real property or otherwise change, alter, or modify real property boundaries; and

WHEREAS, in furtherance of the public health, safety and welfare of the inhabitants of the Town of Blue River, the Town Board of Trustees desires to formally adopt the Subdivision Regulations by ordinance so that the Subdivision Regulations are enforceable against owners and developers of property within the Town; and
WHEREAS, Section 31-16-201, et seq., C.R.S., permits the adoption by reference of such published regulations upon notice and hearing as provided in Section 31-16-203, C.R.S.; and
WHEREAS, notice was properly published in accordance with Section 31-16-203, C.R.S.;
and

WHEREAS, the Town introduced this Ordinance on February 18, 2020, at a regular Town Board meeting and, upon introduction, scheduled a public hearing to be held on the date shown below, and held such scheduled public hearing, with proper notice provided, to consider adoption of the Subdivision Regulations; and

WHEREAS, at least one certified copy of the Subdivision Regulations were, and are, available at the Blue River Town Hall, 0110 Whispering Pines Circle, Blue River, Colorado, 80424, for review and inspection by the public during normal business hours in accordance with Section 31-16-206, C.R.S.

BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF BLUE RIVER, COLORADO:

Section 1. Adoption by Reference of Subdivision Regulations. The Blue River Town Code is hereby amended by the addition of a new Chapter 17, titled Subdivision Regulations, which Chapter shall codify the Subdivision Regulations hereby adopted by reference by this Ordinance.

Section 2. Penalties for Violation. The following penalties for violation of the Blue River Subdivision Regulations are included within the Subdivision Regulations and are set forth below in accordance with Section 31-16-203, C.R.S.:

Sec. 17-1-70. Violation and enforcement.

(a) General Violation. It is unlawful for any person to subdivide land in violation of this Chapter.

(b) False Information. It is unlawful for any person to intentionally or knowingly submit a false statement as part of any application authorized by this Chapter.

(c) Unlawful Sale of Land. Pursuant to C.R.S. § 31-23-216, no owner or agent of the owner of any land located within a subdivision may transfer or sell, agree to sell or negotiate to sell any land by reference to or exhibition of or by use of a plat of a subdivision before said plat has been approved as a final plat by the Town and recorded or filed in the office of the Summit County clerk and recorder. Any violation of this restriction shall be accompanied by a penalty of one hundred dollars ($100.00) or such other greater amount as may be permitted by law, payable to the Town for each lot or parcel so transferred or sold, or agreed or negotiated to be sold. The description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not except the transaction from such penalties or from the remedies provided in this Chapter. The Town may enjoin such transfer or sale or agreement by action for injunction brought in any court of competent jurisdiction and may recover the penalty by civil action in any court of competent jurisdiction.

(d) Prohibited Construction. No structure shall be constructed, and no building permit issued for a structure, on any parcel of land except where such structure is to be constructed upon a parcel which meets the requirements of this Chapter.

(e) Violation of Express Condition of Subdivision Approval. It shall be unlawful and a violation of these Subdivision Regulations for any person to fail to substantially satisfy or to breach a condition or requirement expressly imposed upon any approval of any application pursuant to this Chapter.

(f) Violation of Subdivision Agreement. It shall be unlawful and a violation of these Subdivision Regulations for any person to fail to substantially satisfy or to breach a condition or requirement expressly imposed upon any approval by any written contract or agreement associated with a subdivision between the Town and the person.

(g) Continuing Offense. A violation of these Subdivision Regulations shall be deemed a violation for each and every day or portion thereof during which any violation of the provisions of this Chapter are committed, continued, or permitted.

(h) Enforcement. The provisions of these Subdivision Regulations may be enforced at the direction of the Town Manager or Board of Trustees by use of any of the following methods either individually or in combination:

(1) Judicial proceeding including but not limited to actions for declaratory judgment, abatement, damages;

(2) Withholding of construction or building permit(s) for all or any improvement within the subdivision or improvement proposed to serve the subdivision;

(3) Refuse to accept, continue to process, or to approve, any application pertaining to the property subject to an enforcement action;

(4) Withholding or revoking certificate(s) of occupancy for any structure within the subdivision;

(5) To the greatest extent permitted by law, revocation or suspension of any license, permit, or certificate issued to any property or applicant;

(6) Inspection and ordering the removal or abatement of violations;

(7) Issuance of a stop work order mandating the temporary suspension of any development activity within or associated with the subdivision;

(8) Assessment of costs and expenses (including but not limited to costs and expenses for administrative actions, publication, attorneys fees and court costs) incurred by the Town in enforcement of these Subdivision Regulations and the imposition of a lien for such costs and expenses against all or any portion of the property within the subdivision; and

(9) Demand for payment and the receipt and use of funds held by any person or financial institution which were deposited to secure the performance of the obligation or duty imposed by these Subdivision Regulations or a written contract or an agreement associated with a subdivision between the Town and the person.

(i) Entry Upon Property for Enforcement Authorized. Whenever necessary to perform an inspection to enforce any provision contained within this Chapter or any condition or requirement of a permit or other land use approval issued pursuant to this Chapter, or whenever there is reasonable cause to believe that a violation of this Chapter or any permit or any other land use approval issued pursuant to this Chapter exists in any building or upon any real property within the jurisdiction of the Town, the Town Manager or designee, or a police officer may, upon presentation of proper credentials, enter such building or real property at all reasonable times to inspect the same or to perform any duty imposed upon him or her by the Blue River Municipal Code; provided, that if such building or real property is unoccupied, the authorized official shall first make a reasonable effort to locate the owner or other persons who have charge or control of the building or of the real property and request entry. If the entry is refused, or the owner cannot be located, the Town

Manager, the Manager's designee, or any police officer, is authorized to obtain a search warrant pursuant to Rule 241(b)(2) of the Colorado Municipal Court Rules of Procedure in order to conduct and complete the inspection.

(j) Costs and Fees. The Town is authorized to collect its costs or fees and enforcement of this Chapter against any person violating any provision of this Chapter. Assessment of costs or fees shall be made by notice and demand letter signed by the Town Manager which letter shall identify the reasons for the assessment, the amount of such costs and fees, and a demand to pay the costs and fees by a date certain not less than ten (10) days following the person's receipt of the letter. In the event the costs or fees are not timely paid, the Town may certify such costs and fees to the County Treasurer for collection against the property subject to the Chapter in the same manner as taxes under C.R.S. §§ 31-20-105 and 106.

(k) Remedies Not Exclusive. The remedies provided by this Chapter shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

Section 3. Severability. Should any one or more sections or provisions of this Ordinance be judicially determined invalid or unenforceable, such judgment shall not affect, impair or invalidate the remaining provisions of this Ordinance, the intention being that the various sections and provisions are severable.

Section 4. Repeal. Any and all ordinances or codes or parts thereof in conflict or inconsistent herewith are, to the extent of such conflict or inconsistency, hereby repealed; provided, however, that the repeal of any such ordinance or code or part thereof shall not revive any other section or part of any ordinance or code heretofore repealed or superseded and this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the effective date of this Ordinance.

Section 5. Effective Date. The provisions of this Ordinance shall become effective thirty (30) days after publication following final passage.

INTRODUCED AND READ at a regular meeting of the Board of Trustees of the Town of Blue River, Colorado, held on the 18 day of February, 2020.

AMENDED, PASSED, ADOPTED AND ORDERED PUBLISHED at a regular meeting of the Board of Trustees of the Town of Blue River, Colorado, held on the ______ day of _________________, 2020.


____________________________________
Mayor

ATTEST: APPROVED AS TO FORM:


_____________________________ _____________________________
Town Clerk Town Attorney

Published in the Summit County Journal on February 28, 2020. 0000553879