ORDINANCE NO. 18-05 AN ORDINANCE ADOPT

80424 | 01/04/2019 | Ad id: 8-0000356273
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ORDINANCE NO. 18-05 AN ORDINANCE ADOPTING BY REFERENCE ARCHITECTURAL DESIGN GUIDELINES PUBLISHED BY TOWN OF BLUE RIVER AND ESTABLISHING PENALTIES FOR VIOLATIONS WHEREAS, the Town of Blue River published and promulgated regulations known as the Architectural Design Guidelines to govern all persons who at any time construct, reconstruct, refinish, alter or maintain any improvement upon property, or make any change in the natural or existing surface, drainage or plant life of property; 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 Architectural Design Guidelines by ordinance so that the Guidelines 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 Ordinance No. 18-05 on December 18, 2018, at a regular Town Board meeting and, upon introduction, scheduled a public hearing to be held on January 15, 2019, and held a public hearing, with proper notice provided, to consider adoption of the Architectural Design Guidelines; and WHEREAS, at least one certified copy of the Architectural Design Guidelines 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 Architectural Design Guidelines. The Blue River Town Code is hereby amended by the addition of a new Article XV of Chapter 16, titled Architectural Design Guidelines, to read in full as follows: ARTICLE XV Architectural Design Guidelines Sec. 16-15-10. Adoption. (a) The Architectural Design Guidelines, originally promulgated August 2015 and updated December 2018, by the Town of Blue River, Colorado, is hereby adopted by reference as if fully set out in this Article. (b) No person at any time shall construct, reconstruct, refinish, alter or maintain any improvement upon any property within the Town of Blue River, or make any change in the natural or existing surface, drainage or plant life thereof, without compliance with the Architectural Design Guidelines, as adopted and as they may be amended. Sec. 16-15-20. Penalties for Violation. (a) It shall be unlawful for any person to construct, reconstruct, refinish, alter or maintain any improvement upon any property within the Town of Blue River in violation of the Architectural Design Guidelines. A person who violates the Architectural Design Guidelines may be fined in an amount not to exceed the maximum fine amount authorized in Section 1-4-20 of this Code. (b) The Town may also enforce any provision of the Architectural Design Guidelines in any manner permitted by law or equity including, but not limited to, enjoining any unlawful action or requiring the removal or abatement of any condition found in violation of the Architectural Design Guidelines. Section 2. 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 3. 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 4. 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 18th day of December, 2018. PASSED, ADOPTED AND ORDERED PUBLISHED at a regular meeting of the Board of Trustees of the Town of Blue River, Colorado, held on the 15th day of January, 2019. ATTEST: Town Clerk Mayor APPROVED AS TO FORM: Town Attorney Published in the Summit County Journal January 4, 2019. 0000356273