Council Goals Envision a safe, flourishing downtown that provides a strong commercial tax base Strive to be active stewards of existing aging infrastructure Recognize importance of experience, well trained, and community minded staff Ensure its electorate is well informed of on-going successes and future plans Envision a safe, secure community for its families and youth Promote redevelopment of existing businesses and neighborhoods and increase quality ofl life for alli its residents  AGENDA La. Junta, Colorado February 6, 2023 6:00 PM Council Chambers Municipal Building 601 Colorado Avenue  REGULAR MEETING LA JUNTA CITY COUNCIL  CALLTO ORDER (Mayor Ayala) INVOCATION (Mayor Ayala) ROLL CALL (City Clerk) Council Members Ramirez Velasquez Mcintyre Ayala Ochoa Vela Pantoya  PLEDGE OF ALLEGIANCE (Council Member Vela)  Supervisors  Others  MINUTES OF PREVIOUS MEETINGS (Mayor) (Action) Regular Meeting January 17, 2023  CITIZEN PARTICIPATION FOR NON-AGENDA ITEMS ONLY (5-minute time limit per person) A. Second Reading/AN ORDINANCE OF THE CITY OF LA JUNTA AMENDING UNIFORM BUILDING CODE. ANDI RELATES UNIFORM CODES PREVOUSLYADOPTED  UNFINISHED BUSINESS (City Attorney) (Action) NEW/BUSINESS A. Committee/Board Reports B. City Manager's Comments C. City Attorney's Comments D. Governing Body Comments  THE  E. - EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TOMATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S $24-6-  402(4)(e) F. ADJOURN    Page 1 of6  CITY COUNCIL MEETING - January 17, 2023  Subject to approval at the February 6, 2023 City Council Meeting  STATE OF COLORADO COUNTY OF OTERO CITY OF LA. JUNTA  ) )ss  CALL TO ORDER: A regular meeting of the City Council of the City of La Junta, Colorado, was called to order by Mayor Ayala on Tuesday, January 17, 2023, at 6:00 p.m. in the Council Chambers of the  Municipal Building.  INVOCATION: Father Joseph Matitu gave the invocation. ROLL CALL: The following Council Members were present:  PLEDGE OF ALLEGIANCE: Council Member Pantoya led everyone in the Pledge of Allegiance.  Damon Ramirez, Ward 1 Paul Velasquez, Ward 1 Elaine Mcintyre, Ward 2 Joe Ayala, Mayor Chandra Ochoa, Ward 2 Edward Vela, Ward 3 Lisa Pantoya, Ward 3 none  Absent:  Also present: Rick Klein, City Manager  Bill Jackson, Asst. City Manager Phil Malouff Jr., City Attorney Melanie Scofield, City Clerk Paula Mahoney, Admin. Asst. Cynthia Nieb, Director of ED/UR Nancy Bennett, Urban Renewal Sara Blackhurst, Action 22 Betty Velasquez, La Junta Adrian Hart, SECO News Zeke Ayala, La Junta Chad Penner, La Junta Brittany Baylor, Inspiration Field John Garcia, La Junta Cheryl Lindner, La. Junta William Macdonald, La Junta Bette McFarren, RF Gazette  MINUTES OF PREVIOUS MEETING: Mayor Ayala asked if there were any corrections or additions to the minutes of the Regular City Council Meeting of January 3, 2023. Hearing none, the mayor asked for  an motion to approve the minutes as published.  MOTION TO ACCEPT THE JANUARY 3, 2023 MINUTES AS PUBLISHED: McIntyre  SECOND: Velasquez DISCUSSION: There was no discussion VOTE: The motion carried 7-0    Page 2 of6  CITY COUNCIL MEETING - January 17, 2023  ACTION 22: Sara Blackhurst, Action 22 President gave praise and thanked the board's chair Rick Klein. Action 22 serves 22 counties. A couple things happened on the legislative side that have been of concern over the last couple of years. Regardless of where you sit, the divide between urban and rural has become greater. Rural areas have been pushed aside and marginalized. It's not just the legislation but at trend toward not having adequate stakeholder process. In addition, there has been an upward turn in! legislation by decision-making. So, if there's something the legislature can't carry than a commission is put together. This is a decision-making commission and they either send rules up with new rules or they send recommendations for the legislature. The problem with a diversion from stakeholdering and this legislation by rule making is evident in al lot of different areas in our region. There are several areas ofconcern: crime, pre-emptive land use, housing, homelessness and how to access funds. The mission of Action 22 is to build a stronger voice and influence how leadership is done throughout our region. An academy was started in order to train local leaders at a higher level. Mayor Ayala and Council Member Pantoya were invited to be part of this class. The purpose of this class is to have some skill development for local leaders, producing a professional fellowship. The idea is to build a deeper bench in leadership. The class will be worth six undergrad credits and 6 master level credits. There will be seven key areas: introduction to the Colorado legislative process, local government in Colorado, Colorado fiscal policy, non-profit admin and organizational leadership, federal legislative policy, ballot CITIZEN PARTICIPATION FOR NON-AGENDA ITEMS (5-minute time limit per person): 1. City Manager Rick Klein: During the Utility Board meeting, the Director of Finance received a message on her phone: "Action notice from your electric company. Please be aware that your electric service will be discontinued in the next 30 minutes due to non-payment. Immediate action is required to avoid disconnection today." This is not us. Ifyou receive this, delete it. 2. John Garcia, 1406 Colorado Avenue: The pavement is half gone in front of his house just off the curb. The sidewalk is at different levels causing people to trip. Also, the trash truck always dumps  initiatives in Colorado and the wrap-up, forecasting and graduation.  and drops trash and they don't picki it up.  NEW BUSINESS A. Liquor Licenses  1. Application for a Special Event Permit by La Junta Chamber of Commerce, Timmery Foster, Event Manager. The event is the 122nd Annual Chamber Banquet to be held January 30, 2023 from 5:00 p.m. to 11:00 p.m. at 2001 San Juan Avenue. The application is in order and has been reviewed by City supervisors for compliance with City and State codes. The appropriate fee has been tendered and the premises have been posted. The City Attorney MOTION TO GRANT A SPECIAL EVENT PERMIT TO LA JUNTA CHAMBER OF COMMERCE FOR THE 122ND ANNUAL CHAMBER BANQUET TO BE HELD JANUARY 30, 2023 FROM  recommends approval.  5:00 P.M. TO 11:00 P.M. AT2001 SAN. JUAN AVENUE: Pantoya  SECOND: Mcintyre DISCUSSION: There was no discussion VOTE: The motion carried 7-0  2. Application for a Special Event Permit by Inspiration Field, Brittany Baylor, Event Manager. The event is the Lovers Steak Night to be held February 14, 2023 from 4:30 p.m. to 7:30 p.m. at 612 Adams Avenue. The application is in order and has been reviewed by City supervisors for compliance with City and State codes. The appropriate fee has been tendered and the premises have been posted. The City Attorney recommends approval. MOTION TO GRANT A SPECIAL EVENT PERMIT TO INSPIRATION FIELD FOR THE LOVERS STEAK NIGHT TO BE HELD FEBRUARY 14, 2023 FROM 4:30 P.M. TO 7:30P.M.AT  612 ADAMS AVENUE: Ochoa    Page 30 of6  CITY COUNCIL MEETING - January 17, 2023  SECOND: Vela  DISCUSSION: There was no discussion VOTE: The motion carried 6-0 (Mcintyre abstain)  3. Application for a Special Event Permit by Inspiration Field, Brittany Baylor, Event Manager. The event is a Mardi Gras party to be held February 18, 2023 from 11:00 a.m. to 4:30 p.m. at 612 Adams Avenue. The application is in order and has been reviewed by City supervisors for compliance with City and State codes. The appropriate fee has been tendered and the premises have been posted. The City Attorney recommends approval. MOTION TO GRANT A SPECIAL EVENT PERMIT TO INSPIRATION FIELD FOR A MARDI GRAS PARTY TO BE HELD FEBRUARY 18, 2023 FROM 11:00 A.M. TO 4:30 P.M. AT 612  ADAMS AVENUE: Ochoa SECOND: Ramirez  DISCUSSION: There was no discussion VOTE: The motion carried 6-0 (McIntyre abstain)  4. Application for Renewal of a Lodging & Entertainment Liquor License by VanceOwen LLC, d/bla Fox Theatre, 11E. 3rd Street. The application is in order and has been reviewed by City supervisors for compliance with City and State codes. Appropriate fees have been MOTION TO GRANT A RENEWAL OF A LODGING & ENTERTAINMENT LIQUOR LICENSE  tendered and the City Attorney recommends approval.  BY VANCEOWEN LLC, D/BIA FOX THEATRE, 11E. 3RD STREET: Vela  SECOND: Pantoya DISCUSSION: There was no discussion VOTE: The motion carried 7-0  5. Application for Renewal of a Tavern Liquor License by Eagle Lanes LLC, d/bla Eagle Lanes, 2420 San Juan Avenue. The application is in order and has been reviewed by City supervisors for compliance with City and State codes. Appropriate fees have been tendered and MOTION TO GRANT A RENEWAL OF ATAVERN LIQUOR LICENSE BY EAGLE LANES LLC,  the City Attorney recommends approval.  D/B/A EAGLE LANES, 2420 SAN. JUAN AVENUE: Velasquez  SECOND: Ochoa  DISCUSSION: There was no discussion VOTE: The motion carried 7-0  B. Annual Resolution  1. Designating Official Depositories for City Funds. Resolution No. R-2-2023 was presented  for Council's consideration as follows: calendar year 2023: 1. 2. 3. 4. 5. 6. resolution.  BE IT RESOLVED by the City Council of the City of La Junta that the following are hereby designated as official depositories for the various funds for the City of La Junta for the  The Colorado Bank & Trust Company of La Junta; State Bank and Trust Company of La Junta; First National Bank of Las Animas and La Junta;  TBKI Bank; U.S. Bank;  Other financial institutions that comply with the intent of the terms of this    Page 4 of6  CITY COUNCIL MEETING - January 17, 2023  Whenever investment circumstances exist that prohibit banks from accepting City funds as deposits without requiring deposit fees be paid by the City, the City Manager or his designee, is authorized to locate other financial institutions; provided however that all funds be maintained in ai federally insured account and alli funds must be fully insured by the FDIC. Priority considerations shall be given to institutions that offer competitive interest rates on  City deposits. SECOND: Ochoa  MOTION TO ADOPT RESOLUTION NO. R-2-2023: Pantoya  DISCUSSION: There was no discussion VOTE: The motion carried 7-0  C. Board Appointments 1.1 Tourism Board  a. John Yergert (term to expire 12/31/2025)  MOTION TO REAPPOINT JOHN YERGERT TO THE TOURISM BOARD: Mcintyre  SECOND: Velasquez DISCUSSION: There was no discussion VOTE: The motion carried 7-0  2. Urban Renewal Board  a. Nancy Bennett (term to expire 12/31/2027)  MOTION TO REAPPOINT NANCY BENNETT TO THE URBAN RENEWAL BOARD: Vela  SECOND: McIntyre DISCUSSION: There was no discussion VOTE: The motion carried 7-0 0. Justin Miller (term to expire 12/31/2027)  MOTION TO REAPPOINT JUSTIN MILLER TO THE URBAN RENEWAL BOARD: Vela  SECOND: Velasquez DISCUSSION: There was no discussion VOTE: The motion carried 7-0 Toni Madrid (term to expire 12/31/2026)  MOTION TO APPOINT TONI MADRID TO THE URBAN RENEWAL BOARD: Velasquez  SECOND: Pantoya DISCUSSION: There was no discussion VOTE: The motion carried 7-0  D. Approval of Updated Urban Renewal By-Laws. Urban Renewal Director Cynthia Nieb informed the council that the Authority does not need approval of City Council for their by-laws. There is nothing in the state statute and they are an independent authority. The by-laws were prepared by Daniel Horton. She would be happy to answer any questions but apologizes for wasting the  council's time.    Page 50 of6  CITY COUNCIL MEETING - January 17, 2023  E. First Reading/AN ORDINANCE OF THE CITY OF LA JUNTA AMENDING THE UNIFORM BUILDING CODE AND RELATES UNIFORM CODES PREVIOUSLY ADOPTED. The ordinance  was introduced by title only, there being copies available tot those in attendance. MOTION TO PASS THE ORDINANCE ON FIRST READING: McIntyre  SECOND: Velasquez DISCUSSION: There was no discussion VOTE: The motion carried 7-0 F. Committee/Board Reports  1. Senior Citizens Board (Council Member Velasquez):  First dance of the year was January 6th. There were twenty-seven people in attendance.  There's 522 members. Discussed raising dues from $91 to$ $12. Planning at tea and art event. Possibly forming a formal volunteer program. 2. Urban Renewal (Mayor Ayala): recommendations. Ity was very professional. 3. Utility Board (Mayor. Ayala):  The way they did their board appointments was the way we need to do all of our board Lots of work needs to be done. Some of which is regarding the conduit and solar.  D. City Manager's Comments (provided in packet):  Fire Stage 11 fire restrictions. Tile project.  Have submitted an application for a 404 permit from the Corp of Engineers for the Brick and  Will be crack flling on the east side oft town. The senior trip to Mackinac Island is full.  Trimming trees around potter park and finishing removing five trees in City Park. 915 Grace was burned due to homeless. We have the rights to demolish. Repaired a storm sewer lateral at 5th and Cimarron. It was ten feet deep. In February, the Fire Department willl be hosting an ice rescue class at City Park Pond. We have the rights to demolish the Gibson building and 1010 Raton. The plumbers have started working on the bathroom at Brick and Tile Park. Placing new street signs along 3rd and 5th Street, then will replace Smithland, Colorado and  Topeka Avenues. City Manager Klein:  K-2 basketball ended and 3-6 has started. Replacing an irrigation main ati the cemetery.  A transformer blew up on the south side of town twice. They are currently working on it. You'll notice the sidebar on your agenda showing all of council's goals that were gone  over with Michael Yerman. ADDITIONAL DISCUSSION: Lots of potholes need to be patched. Need to tend to the parking lines downtown. The 1% sales tax and needing more publicity.  There are a few people who are sore about the library and senior center reduction in  activities.    Page 6 of6  CITY COUNCIL MEETING = January 17, 2023 E. City Attorney's Comments F. Governing Body Comments 1. Council Member Vela: 2. Council Member Ochoa:  1. AVRMC Joint Meeting with City Council. The governing boards meet once a year. The  council agreed to schedule this meeting for Tuesday, March 28th.  Would like to see the Youth Council regenerated again. Our youthful council can have a positive impact on the students from the high school. We need to be more active in this. Noticed that there were a few comments regarding the smell from the waste treatment  center on the east side oft town.  MOTION TO GO INTO EXECUTIVE SESSION FOR THE PURPOSE OF DETERMINING POSITIONS RELATIVE TO MATTERS THAT MAY BE SUBJECT TO NEGOTIATIONS, DEVELOPING STRATEGY FOR NEGOTIATIONS, AND/OR INSTRUCTING NEGOTIATORS, UNDER C.R.S. $24-6-402(4)e):  Ochoa SECOND: Vela  DISCUSSION: There was no discussion VOTE: The motion carried 7-0  Council wenti into Executive Session from 7:19 p.m. until 7:41 p.m. There being no further business, the meeting adjourned at 7:41 p.m.  ATTEST:  CITY OF LAJUNTA Joe Ayala, Mayor  Melanie R. Scofield, City Clerk    ORDINANCE NO. 1643  AN ORDINANCE OF THE CITY OF LA JUNTA AMENDING THE UNIFORM BUILDING CODE AND RELATES UNIFORM CODES PREVIOUSIY ADOPTED  WHEREAS, the City has adopted various Uniform Codes for use  within the Cityi and  WHEREAS, the City desires to update its code;  NOW, THEREFORE, BE IT ORDAINED by the City Council as SECTION 1. The attachments here to defers to the sections of the Municipal Codes previously adopted by the City. Exhibit A includes amendments to the referenced sections of the Uniform Codes previously adopted by the City.  follows:  SECTION 2. EFFECTIVE DATE: Ordinance shall be March 1, 2023  The effective date of this  SECTION 3. Consistent with provisions of the City Home Rule Charter, this ordinance and the provisions thereof shall be SECTION 4. A copy of the ordinance shall be available at the City Engineer's office for citizen review upon request.  published by title only.  INTRODUCED), READ IN FULL, PASSED AND ORDERED PUBLISHED  on the first reading the 17th day of January, 2023.  PASSED AND APPROVED ON SECOND READING as amended this  6th day of February, 2023.  CITY OF LA JUNTA Joseph Ayala, Mayor  ATTEST:  Melanie R. Scofield, City Clerk    15.04.010 REPEALED IN ITS ENTIRETY. 15.04.020 Adoption of International Building Code.  Acertain document, two (2) copies of whicha are on filei ini the office oft the City Clerk, being marked and designated as the International Building Code, 2018 edition, as published by the International Code Council, be andi is hereby adopted ast the Building Code oft the City, regulating and governing the conditions andi maintenance of all property, buildings and structures; by providing the: standards for supplied utilities andi facilities and other physical things and conditions essential to ensure that structures: are: safe, sanitary and fit for occupations and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for thei issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Building Code on file int the office oft the City are hereby referred to, adopted and made a part hereof, as if fully set out in this Chapter, with the additions, insertions, deletions and  changes, ifa any, prescribedi in Section 15.04.025 of1 this Chapter. 15.04.021 Most restrictive legislature to govern.  Where in any specific case different sections oft this Building Code, the Zoning Ordinance or other ordinances of the City specify different materials, methods of construction or other requirements, the  most restrictive legislature enacted shall govern.  15.04.022 Building Department established; enforcement authority.  There is hereby established a Building Department to be administered by the City Engineer or his or her designee. The City Engineer or his or her designee is hereby authorized and directed to enforce all provisions of this Building Code, and for such purposes the City Engineer shall have the powers of a police  officer.  15.04.025 Amendments to International Building Code. The following sections is hereby revised:  (1) Section 101.1 is amended to include the City of La Junta.  15.04.030 Violation; penalty.  (a) Penalties for violation. It shall be unlawful for any person, firm or corporation to erect, remove, convert or demolish, equip, use, occupy or maintain any building or structure int the City, or cause the same to be done, contrary to or in violation of any oft the provisions of Sections 15.04.020 to (b) Any person, firm or corporation violating any oft the provisions of Sections 15.04.020to1 15.04.025, inclusive, shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty ofas separate offense fore each and every day or portion thereof during which any violation ofany of the provisions of these codes is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than two thousand dollars ($2,000.00),ori imprisonment forr not moret than one hundred eighty( (180) days, or by! both  15.04.025, inclusive.  such fine andi imprisonment.  1    CHAPTER 15.08 Residential Code  15.08.010 Adoption of International Residential Code.  Acertain document, two (2) copies ofwhicha are oni filei int the office oft the City Clerk, being marked and designated asi the International Residential Code, 20186 edition, as published byt the International Code Council, be and is hereby adopted as the Residential Code of the City regulating and governing the construction, alteration, movement, enlargement, pasememturpalr.gupmend location, removaland demolition of detached one- and two-family dwellings and multiple single-family dwellings (townhouses) not more than three (3) stories in height with separate means of egress in the City; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Residential Code oni filei ini the office of the City are hereby referred to, adopted and made a part hereof, as if fully set out in this Chapter, with the additions, insertions,  deletions and changes, ifany, prescribed in Section 15.08.025 oft this Chapter. 15.08.020 Amendments to International Residential Code. Thei following sections are hereby revised as follows: (1) Section R101.1 is amended to include the City of La Junta.  (2) Section R301(2) (1) is amended to include Table R301.2(1), Climatic and Geographic Design Criteria. Appendix "A" attached and incorporated herein by reference replaces  Table 301.2(1)  CHAPTER 15.12 Dangerous Building Code  15.12.010 REPEALED IN ITS ENTIRETY.  15.12.020 Adoption of Uniform Code for the Abatement of Dangerous Buildings.  The Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, as amended, two (2) copies of which are ont file with the City Clerk, as a public record, be andi is hereby adopted. This code shall provide a just, equitable and practicable method, to be cumulative with and in additions to any other remedy provided by the Building Code, Housing Code or otherwise available by law, whereby buildings sor structures within the City which from any cause endanger the life, limb, health, morals, property, safety or welfare oft the general public ort their occupants may be required to be repaired vacated or demolished. 15.12.025 Amendments to Uniform Code for the Abatement of Dangerous Buildings. The following sections of the Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, shall be subject to the following amendments, alterations, substitutions and modifications: (1) Change the word "Director of Public' Works" wherever used to' "City Engineer."  2    (2) Amend Chapter 4- - NOTICES AND ORDERS OF BUILDING OFFICIAL: Wherever it states' "not to exceed 60 days from the date oft the order" to be changed to "not to exceed 30 days (3) Amend Chapter 5- APPEALS: Wherever it states' "The appeal shall be filed within 30 days from the date of the service of such order or action" to be changed to "The appeal shall bet filed within 15 days from the date of the service ofs such order or action."  from the date of the order."  15.12.030 Violation; penalty.  (a) Penalties for violation. It shall be unlawful for any person, firm or corporation to erect, remove, convert or demolish, equip, use occupy orr maintain any building or structure int the City, or cause the same to be done, contrary to or in violation of any of the provisions of Sections 15.12.020 to 15.12.025, (b) Any person, firm or corporation violating any of the provisions of Sections15.12.020t015.12.025, inclusive, shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violations of any of the provisions of these codes is committed, continued or permitted, and upon conviction of any such violations, such person shall be punishable by ai fine of not more than two thousand dollars ($2,000.00), or imprisonment for not more than one hundred eighty (180) days, or by both such fine and  inclusive.  imprisonment.  CHAPTER 15.14 Existing Building Code  15.14.010 Adoption of International Existing Building Code.  Acertain document, two (2) copies of whicha are ont filei int the office oft the City Clerk, beingr marked and designated as thel International Existing Building Code, 2018 edition, as published by the International Code Council, be andi is hereby adopted as the Existing Building Code oft the City, regulating and governing the repair, alteration, change ofc occupancy, addition and relocation ofe existing buildings, including historic buildings as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all oft the regulations, provisions, penalties, conditions and terms of said Existing Building Code on file int the office of the City are hereby referred to, adopted and made a part hereof, asi ifi fully set out in this Chapter, with the additions, insertions deletions and changes, if any, prescribed in Section  15.12.025 ofthis Chapter.  15.14.020 Amendments to International Existing Building Code.  The following section is hereby revised:  (1) Section 101.1 is amended to refer to the City of La Junta. (2) Section 1301.2 is repealed ini its entirety.  3    CHAPTER 15.16 Fire Limits  15.16.010 REPEALED INI ITS ENTIRETY. 15.16.020 REPEALED INI ITS ENTIRETY. 15.16.030 REPEALED IN ITS ENTIRETY. 15.16.040 REPEALED INI ITS ENTIRETY.  CHAPTER 15.20 Mechanical Code  15.20.010 REPEALED IN ITS ENTIRETY.  15.20.020 Adoption of International Mechanical Code.  Acertain document, two (2) copiesofwhichareont filei ini the office oft the City Clerk, being marked and designated as the International Mechanical Code, 2018 edition, including Appendix Chapters (see International Mechanical Code Section 101.2.1, 2018 edition), as published by the International Code Council, bea andisherebyadopted asthe Mechanical Code ofthe City, regulatingandgoveming: the design, construction, quality of material, erection, installation, alteration, repair, location, relocation, replacement, addition to, use of or maintenance of mechanical systems in the City; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions andi terms of said Mechanical Code onf filei in the office ofthe Cityare! hereby referred to, adopted and made a part hereof, as if fully set out in this Chapter, with the additions, insertions,  deletions and changes, ifany. 15.20.025 REPEALED INI ITS ENTIRETY. 15.20.030 Violation; penalty.  (a) Penalties for violation. It shall be unlawful for any person, firm or corporation to erect, remove, convert or demolish, equip, use, occupy or maintain any building or structure int the City, or cause the same to be done, contrary to or in violation of any of the provisions of Section 15.20.020. (b) Any person, firm or corporation violating any of the provisions of Section 15.20.020 shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than two thousand dollars ($2,000.00), or imprisonment for not more than one hundred eighty (180) days, or by both such  fine and imprisonment.  4    CHAPTER 15.24 Housing Code  15.24.010 Reserved.  15.24.020 Adoption of Uniform Housing Code.  The Uniform Housing Code, 1997 edition, as may be amended, two (2) copies of which are onf file with the City Clerk, as a public record, be and is hereby adopted. This code shall provide minimum requirements for the protection of life, limb, health, property and public welfare by regulating and controlling the use and occupancy, location and maintenance of all residential buildings and structures  within the City. Housing Code.  Thet following sections oft the Uniform Housing Code, 1997 edition, shalll be subjecttot thet following (1) Amend Chapter 11 -I NOTICES AND ORDERS OF THE BUILDING OFFICIAL: Wherever it states "not to exceed 60 days from the date of the order" to be changed to' "not to exceed 30 days from the (2) Aménd Chapter 12 - APPEALS: Wherever it states' "The appeal shall be filed within 30 days from the date oft the service of such order or action" to be changed to "The appeal shall be filed within  amendments, alterations, substitutions and modifications:  date oft the order."  15 days from the date oft the service of such order or action."  15.24.030 Violation; penalty.  (a) Penalties for violation. It shall be unlawful for any person, firm or corporation to erect, remove, convert or demolish, equip, use, occupy or maintain any building or structure ini the City, or cause the same to be done, contrary to or in violation of any of the provisions of Sections 15.24.020t to (b) Any person, firm or corporation violating any oft the provisions of Sections 15.24.020to 15.24.025, inclusive, shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty ofa separate offense for each and every day or portion thereof during which any violation of any of the provisions of these codes is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than two thousand dollars 62,000)orimprsomment for not more than one hundred eighty (180) days, or by both  15.24.025, inclusive.  such fine and imprisonment.  15.24.040 Health Officer means the same as Building Official.  For the purposes of this Chapter, wherever the term Health Officer appears in this Code it shall  be taken and construed as meaning the Building Official as defined by this Code.  5    15.24.050 Housing codei includes outline, index and appendix.  Except as provided in Section 15.04.040, said code is adopted in full, including the outline of  contents, index and appendix contained therein.  15.24.060 Statutory provisions for adoption by reference.  This code is adopted by reference pursuant toi the provisions of Section 31-12-401, et seq., C.R.S.  CHAPTER 15.28 Fire Code  15.28.010 Adoption of International Fire Code.  Acertain document, two (2) copieso ofwhichare ont filei in the office oft the City Clerk, being marked and designated as the International Fire Code, 2018 edition, as published by the International Code Council together with Appendix B, Appendix C, Appendix D, Appendix Fa and Appendix G, be and is hereby adopted as the Fire Code of the City, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices and from conditions hazardous to life or property ini the occupancy of buildings and premises as herein provided; providing fori the issuance of permits and collection of fees therefor; and each and all oft the regulations, provisions, penalties, conditions and terms of said Fire Code on filei int the office of the City are hereby referred to, adopted and made a part hereof, as if fully set out in this Chapter, with the additions, insertions, deletions and changes, ifa any, prescribed in Section 15.28.066 of this Chapter. (a) Wherever the word jurisdictioni is used in the International Fire Code, it is City of La Junta. (b) Wherever the words Chief of the Bureau of Fire Prevention are used, they shall be held to mean  15.28.020 Definitions.  Fire Marshal.  15.28.021 Implementation by Fire Official.  The provisions of Sections 506.1 and! 506.2ofthel International Fire Code shall be implemented by the Fire Official only witht the written consent oft the premises owner, with the notice stating the premises owner's  willingness to voluntarily participate int the program.  15.28.030 Establishment and duties of Bureau of Fire Prevention.  (a) The International Fire Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City which is hereby established and which shall be operated under the (b) The Chief (or Fire Marshal) in charge of the Bureau of Fire Prevention shall be appointed by the Director of Public Safety on the basis ofe examination to determine his or her qualifications.  supervision of the Director of Public Safety.  6    (c) The Director of Public Safety may detail such members of the Fire Department as inspectors as shall from time to time be necessary. The Director of Public Safety shall recommend to the City Manager the employment of technical inspectors, who, when such authorization is made, shall be selected through an examination to determine their fitness for the position. The examination shall be opent to membersand nonmembers ofthe Fire Department and appointmentsr made after  examination shall bet for an indefinite term with removal only for cause.  15.28.040 REPEALED IN ITS ENTIRETY.  15.28.050 NFPA13R-Standard for the Installation of Sprinkler Systems in Low-Rise  Residential Occupancies Scope  1.1*Scope.  This standard shall cover the design and installation ofa automatic sprinkler systems for protection against fire hazards in residential occupancies up to and including four stories in height that are located in  buildings note exceeding 60f ft (18 m) in height above grade plan.  1.1.1  This standard shall be based on the concept that the sprinkler system is designed to protect against af fire  originating from a single ignition location.  1.1.2  This standard shall not provide requirements for the design or installation of water mist fire protection systems, which are not considered fire sprinkler systems and are addressed by NFPA750.  15.28.060 Appeals.  Whenever the Director of Public Safety disapproves an application or refuses to grant a permit applied for or when it is claimed that the provisions oft the code do not apply or that the true intent and meaning oft the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Director of Public Safety to the City Manager within thirty (30) days from the date of the 15.28.065 New materials, processes or occupancies which may require permits.  decision appealed.  The City Manager, the Director of Public Safety and the Chief of the Bureau of Fire Prevention shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies for which permits are required in addition to those now enumerated in said code. The Chief of the Bureau of Fire Prevention shall post such list in a conspicuous place in his or her office and distribute copies thereof to interested persons.  7    15.28.066 Amendments to International Fire Code. The following sections are hereby revised: (2) Section 109.3 repealed in its entirety. (3) Section 1.01.4 repealed in its entirety.  (1) Section 101.1 is amended by inserting the term' "City of La. Junta."  15.28.070 Penalties.  (a) Penalties for violation. It shall be unlawful for any person, firm or corporation to erect, remove, convert or demolish, equip, use, occupy or maintain any building or structure in the City, or cause the same to be done, contrary to ori in violation of any of the provisions of Sections 15.28.0101 to (b) Any person, firm or corporation violating any of the provisions of Sections 15.28.0101 to 15.28.066, inclusive, shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty ofas separate offense for each and every day or portion thereof during which any violation ofany of the provisions of these codes is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by a fine of not more than two thousand dollars ($2,000.00),orin imprisonment for not more than one hundred eighty (180) days, or by both  15.28.066, inclusive.  such fine andi imprisonment.  CHAPTER 15.30 Fuel Gas Code  15.30.010 Adoption of International Fuel Gas Code.  A certain document, three (3) copies of which are on file in the office of the City Clerk, being marked and designated as the International Fuel Gas Code, 2018 edition as published by thel International Code Council, be and is hereby adopted as the Fuel Gas Code of the City, regulating and governing the fuel gas systems and gas-fired appliances as herein provided; providing for the issuance of permits and collection oft feest therefor; and each and allo of the regulations, provisions, penalties, conditions andi terms of said Fuel Gas Code on file in the office of the City are hereby referred to, adopted and made a part hereof, as if fully set out in this Chapter, with the additions, insertions, deletions and changes, if any,  prescribed in Section 15.30.020 oft this Chapter. 15.30.020 Amendments to International Fuel Gas Code. (a) Section Ai is repealed ini its entirety. (b) Appendix Bi is adopted in its entirety.  8    CHAPTER 15.32 Gas Service and Appliances  15.32.010 Gas connection must be made by rigid metal pipes.  Gas connections to gas appliances shall be made by rigid metal pipes. For small portable gas- heating devices, flexible metal tubing mayl be used; provided that therei is no valve or other shutoff on the  device.  15.32.020 Stopcocks required.  (a) All gas services shall be provided with a stopcock outside of the building located six (6) inches from the property line where practicable, otherwise to be located under the direction oft the City (b) The stopcock shall be protected by an iron stop box, the top of which shall be marked "gas" and shall bet three (3) inches above the level oft the ground. They shall be kept visible and repaired by the owner oft the premises sO that the stopcock can be used at any time by firemen in shutting off  Engineer.  the gas.  15.32.030 Testing of gas service pipes and connections within buildings.  All gas service pipes and connections within any building shall be tested under a five-pound pressure 15.32.040 Duty of City Engineer in enforcement of Chapter and removal of defective pipes. (a) It shall be the duty of the City Engineer to see that the provisions of this Chapter are complied with and to remove or cause to be removed any defective pipes or connections. (b) He or she shall disconnect and remove any service pipe not supplied with outside stopcocks, as  before the admission of gas to such building.  required by Section 15.32.020.  CHAPTER 15.36 Plumbing  15.36.010 REPEALED IN ITS ENTIRETY. 15.36.020 REPEALED IN ITS ENTIRETY. 15.36.030 REPEALED IN ITS ENTIRETY. 15.36.040 REPEALED INI ITS ENTIRETY. 15.36.050 REPEALED IN ITS ENTIRETY.  9    15.36.060 REPEALED IN ITS ENTIRETY. 15.36.070 REPEALED IN ITS ENTIRETY.  CHAPTER 15.40 Trailers and Trailer Parks  General Provisions  15.40.010 Definitions.  For the purposes of the provisions oft this Chapter, the following words and phrases shall havet the  meanings respectively: ascribed tot them by this Section:  Automobile trailer means:  a.  Any vehicle or structure designed and constructed to permit occupancy thereof as living or sleeping quarters for one (1) or more persons or the conducting of any business or profession, occupation or trade and designed so that it is or may be mounted on wheels and used as a conveyance on highways or city streets, propelled or drawn by its own or other motive power, excepting devices used exclusively upon stationary rails or1 tracks; Any self-contained vehicle licensed under any state as a recreational vehicle; Any vehicle whichissel-propelled. and is designed asaself-contained motorized unit with sleeping, cooking or sitting accommodations whose sleeping, cooking or sitting accommodations are contained with the same assembly as the driver'ss section; and Any trailer designed as a pull-behind trailer where the trailer is designed to provide Trailer camp means any park, trailer park, trailer court, campsite, lot or other parcel ofl land used for the purpose of supplying a location or accommodations for two (2) or more automobile trailers and which includes all buildings used or intended for use as part of the equipment thereof, where a charge or feei isl levied by the owner or occupier oft the lands whichi isi imposedi fort the use ofap portion oft thel location for overnight parking purposes or for use of any of its facilities; however the definition shall not include automobile trailer lots on which trailers are parked for the sole purpose of retail sale to the public.  b. C. d.  sleeping, cooking or sitting accommodations.  15.40.020 Enforcement.  (a) The Police Department shall enforce all provisions of this Chapter. In securing enforcement, members of the Police Department shall have the right and are empowered to enter upon any premises upon which any automobile trailer isl located or whichi is about to bel located and inspect  the same and all accommodations located therewith.  (b) All ordersgranting, renewing and revoking licenses shall be by action oft the City Council.  10    15.40.030Trailers; parking regulations.  (a) Iti is unlawful, within the city, for any person to park any trailer, automobile trailer, recreational vehicle or camper trailer on any public street, public alley, public highway or other public (b) Iti is unlawful, within the City, for any person to park any trailer, automobile trailer, recreational vehicle or camper trailer on any private property without the consent of the landowner or (c) Parking of trailers, automobile trailers, recreational vehicles and camper trailers on private property zoned within any residential zone (defined as R-S, R-1A, R-1, R-2 or R-3) shall be permitted as follows: (1) in a properly zoned trailer camp or trailer park; (2) on privately owned property whereby the landowner orl leaseholder consents to said parking; (3)i in a rear yard in any district not regulated by private restrictions to the contrary; or (4) storage in any fully enclosed (d) Parking of trailers, automobile trailers, recreational vehicles and camper trailers on private property zoned within any commercial, agricultural or industrial zone shall be permitted where the landowner or leaseholder consents to the parking thereon. This allowance shall apply onlyt to those lands whereupon parking is permitted by the landowner or leaseholder but only where there is no fee, charge or assessment imposed for the privilege of parking thereon. (e) Emergency or temporary stopping or parking shall be permitted on any street, alley, highway or public conveyance for a period not to exceed forty-eight (48) hours in duration, subject to the provisions of other regulations, ordinances or provisions of this Code as to streets, alleys or Under the terms of Subsections (c) and (d), no living quarters shall be maintained in such trailer, automobile trailers, recreational vehicle or camper trailer fora ap period in excess off forty-eight (48) hours while such trailer is so parked or stored, except in a properly zoned trailer camp or trailer  conveyance, except as provided in Subsection (e) below.  leaseholder of that real property.  private parking area.  highways.  (f)  park.  Trailer Camps  15.40.040 REPEALED IN ITS ENTIRETY. 15.40.050 REPEALED INI ITS ENTIRETY. 15.40.060 REPEALED IN ITS ENTIRETY. 15.40.070 REPEALED IN ITS ENTIRETY. 15.40.080 REPEALED IN ITS ENTIRETY.  15.40.090 Water and sewage connection requirements.  11    No trailer camp shall be located within the City unless City water and sewage connections are  available.  15.40.100 Sanitation requirements.  (a) Every trailer camp containing trailers without bath and toilet facilities shall have erected thereon a suitable building for housing toilets and showers. Such buildings to be known as service (b) There shall be provided separate toilet rooms for each sex in the ratio of one (1) toilet for each (c) Separate bathing facilities for each sex shall be provided, with one (1) shower enclosed in a compartment at least four (4) feet square for each eight (8) automobile trailers or fractions thereof. Each shower compartment to be supplemented by an individual dressing compartment (d) Floors of toilets, showers and laundry facilities shall be of concrete, tile or similar material and  buildings.  eight (8) automobile trailers or fractions thereof.  of at least twelve (12): square feet. pitched to a floor drain.  15.40.110 Garbage disposal requirements.  (a) All trailers and all trailer camps must utilize the garbage collection service of the City. (b) Every automobile trailer shall provide or be provided with a substantial fly-tight metal garbage depository, from which the contents shall be removed by the City garbage collection service. All plumbing, electrical, building and other work on or at any licensed trailer camp shall be in  15.40.120 Plumbing, electrical or building work to comply with Code. accordance with the provisions oft this Code or other ordinances oft the City.  CHAPTER 15.52 Flood Damage Prevention Findings of Fact, Purpose and Objectives  15.52.010 Findings ofi fact.  (a) The flood hazard areas of the City are subject to periodic inundation which results in the loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary publice expenditures fort flood protection and relief, andi impairment oft thei taxi base, (b) These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood-proofed, elevated or otherwise protected  all of which adversely affect the public health, safety and general welfare.  from damage also contribute to the flood loss.  12    15.52.020 Statement of purpose.  Iti is the purpose of this Chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions to specific areas by provisions designed:  (1) To protect human life and health;  (2) To minimize expenditure of public money for costly flood control projects; (3) To minimize the need for rescue and relief efforts associated with flooding and generally  undertaken at the expense of the general public; (4) To minimize prolonged business interruptions;  (5) To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located ina areas of special flood hazard; (6) To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard sO as to minimize future flood blight areas; (7) To ensure that potential buyers are notified that property is in an area of special flood (8) To ensure that those who occupy the areas of special flood hazards assume responsibility  hazard; and for their actions.  15.52.030 Methods of reducing flood losses.  In order to accomplish its purposes, this Chapter includes methods and provisions for: (1) Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood (2) Requiring that uses vulnerable to floods, including facilities which serve such uses, be (3) Controlling the alteration of natural floodplains, stream channels, and natural protective (4) Controlling filling, grading, dredging and other development which may increase flood (5) Preventing or regulating the construction of flood barriers which will unnaturally divert  heights or velocities;  protected. against flood damage at the time of initial construction; barriers, which help accommodate or channel flood waters;  damage;and  flood waters or which may increase flood hazards in other areas.  13    Definitions  15.52.040 Generally.  Unless specifically defined below, words or phrases usedi in this Chapter shall bei interpreted so as to give them the meaning they have in common usage and to give this Chapter its most reasonable  application. 15.52.050 Appeal.  Appeal means a request fora a review of the City Engine/sinterpretation ofa any provisions oft this  Chapter ora a request for a variance. 15.52.060 Area of special flood hazard.  Area ofs special flood hazard meansi the land int the floodplain within a community subject to aone  percent (1%) or greater chance of flooding in any given year.  15.52.070 Base flood. anygiven year. 15.52.080 Development.  Base flood means the flood having a one percent (1%6) chance of being equaled or exceeded in  Development means any man-made change toi improved or unimproved real estate, including but notl limitedt to, buildings or others structures, mining, dredging, filling, grading, paningexcavatomordnling  operations located within the area of special flood hazard. 15.52.090 Existing manufactured home park or subdivision.  Existing manufactured home park or subdivision meansa a manufactured home park for which the construction of facilities for servicing the lot on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads and the construction of streets) are completed before the effective date of this Chapter. 15.52.100 Expansion to an existing manufactured home park or subdivision.  Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including thei installation of utilities, either final site grading or pouring of concrete pads  or the construction of streets). 15.52.110 Flood or flooding. normally dry land areas from:  Flood or flooding means a general and temporary condition of partial or complete inundation of  (1) The overflow ofi inland or tidal waters; and/or  14    (2) The unusual and rapid accumulations or runoff of surface waters from any source.  15.52.120 Flood Insurance Rate Map (FIRM).  Flood Insurance Rate Map (FIRM) means the official map on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones  applicable to the community. 15.52.130 Flood Insurance Study.  Flood Insurance. Study means the official report provided by the Federal Emergency Management Agency that includes flood profiles, the Flood Boundary-Floodway Map and the water surface elevation  of the base flood. 15.52.140 Floodway.  Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface  elevation more than one (1) foot. 15.52.150 Lowest floor.  Lowest floor means the lowest floor of the lowest enclosed area (including basement). An unfinished ori flood-resistant enclosure, usable solelyf for parkingofvehicles, building access ors storage, in an area other than a basement area, is not considered a building's lowest floor, provided that such enclosure is not built sO as to render the structure in violation of the applicable non elevation design  requirements of this Chapter. 15.52.160 Manufactured home.  Manufactured home means a structure, transportable in one (1) or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term manufactured home does noti include a recreational vehicle.  15.52.170 Manufactured home park or subdivision. into two (2) or more manufactured home lots for rent or sale.  Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided  15.52.180 New construction. the effective date of this Chapter.  New construction means structures for which the start of construction commenced on or after  15.52.181 New manufactured home park or subdivision.  New manufactured home parko orsubdivision means ar manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets and either final site grading ort the pouring of concrete padscompetadomoratert the effective date ofthese floodplain  management regulations.  15    15.52.187 Recreational vehicle.  Recreational vehicle means a vehicle which is (1) built on a single chassis; (2) four hundred (400) square feet or less when measured at the largest horizontal projections; (3) designed tol be self-propelled or permanently towable by a light duty truck; and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.  15.52.190 Start of construction.  Start of construction includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction ofas structure onas site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does iti include excavation for a basement, footings, pièrs or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as  garages or sheds not occupied as dwelling units or not part oft the main structure.  15.52.200 Structure. ground.  Structure means a walled and roofed building or manufactured home that is principally above  15.52.208 Substantial damage.  Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent (50%) of the  market value of the structure before the damage occurred. 15.52.210 Substantial improvement.  Substantial improvement means any repair, reconstruction or improvement of a structure, the cost ofv which equals or exceeds fifty percent (50%) of the market value oft the structure either:  (1) Before the improvement or repair is started; or  (2) If the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the  structure.  The term does not, however, include either:  16    (3) Any project fori improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living (4) Any alteration of a structure listed on the National Register of Historic Places or a State  conditions; or  Inventory of Historic Places.  15.52.220 Variance.  Variance means a grant of relief from the requirements of this Chapter which permits  construction in a manner that would otherwise be prohibited by this Chapter.  General Provisions  15.52.230 Lands to which this Chapter applies.  This Chapter shall apply to all areas of special flood hazards within the jurisdiction of the City. The areas of special flood hazard identified by the Federal Emergency Management Agency ina scientific and engineering report entitled' "The Flood Insurance Study for the City of La. Junta", dated. June 1, 1982, with an accompanying Flood Insurance Rate Map (FIRM) is hereby adopted by reference and declared to be a part ofthis Chapter. Thel Flood Insurance Study and FIRM: shall be kept on file at the office  15.52.240 Basis for establishing the areas of special flood hazard.  of the City Engineer. 15.52.250 Compliance.  No structure or land shall hereafter be constructed, located, extended, converted or altered  without full compliance with the terms of this Chapter and other applicable regulations.  15.52.260 Abrogation and greater restrictions.  This Chapter is not intended to repeal, abrogate ori impair any existing easements, covenants or deed restrictions. However, where this Chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.  15.52.270 Interpretation.  In the interpretation and application of this Chapter, all provisions shall be: (2) Liberally construed in favor of the governing body; and  (1) Considered. as minimum requirements;  (3) Deemed neither to limit nor repeal any of the powersgranted under state statutes.  17    15.52.280 Warning and disclaimer of liability.  The degree of flood protection required by this Chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This Chapter does not imply that land outside the areas of special flood hazard of uses permitted within such areas will bet free from flooding or flood damages. This Chapter shall not create liability on the part of the City, any officer ore employee thereof or the Federal Emergency Management Agency for any flood damages that result from reliance on this Chapter or any administrative decision lawfully madei thereunder.  Administration  15.52.290 Establishment of development permit.  A development permit shall be obtained before construction or development begins within any area of special flood hazard established in Section 15.52.240. Application for a development permit shall ber made ont forms furnished by the City Engineerandi mayi include, but not be limited to: plansi in duplicate drawn to scale showing the nature, location, dimensions and elevations oft the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.  Specifically, the following information is required:  (1) Elevation in relation to mean sea level of the lowest floor (including basement) of all (2) Elevation in relation to mean sea level to which any structure has been floodproofed; (3) Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in Paragraph (4) Description of the extent to whicha any watercourse willl be altered or relocated as ar result  structures;  15.52.340(2); and of proposed development.  15.52.300 Designation of the City Engineer.  The City Engineer is hereby appointed to administer and implement this Chapter by granting or  denying development permit applications in accordance with its provisions. 15.52.310 Duties and responsibilities oft the City Engineer.  Duties of the City Engineer shall include, but not be limited to:  (1) Permit review. a.  Review all development permits to determine that the permit requirements of  this Chapter have been satisfied.  18    b.  Review all development permits to determine that all necessary permits have been obtained from federal, state or local governmental agencies from which Review all development permits to determine if the proposed development is located ini thet floodway. Ifl located ini thei floodway, assure that the encroachment  prior approval is required.  C.  provisions of Paragraph 15.52.350(1) are met.  (2) Use of other base flood data. When base flood elevation data has not been provided in accordance with Section 15.52.240, the City Engineer shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from any federal, state or other source as criteria for requiring that new construction, substantiali improvements, or other development inz Zone A are administered in accordance with Section 15.52.340.  (3) Information to be obtained and maintained.  a. b.  Obtain and record the actual elevation (in relation to mean sea level) of the lowest flood (including basement) of all new or substantially improved structures  and whether or not the structure contains a basement. For all new or substantially improved floodproofed structures:  1. 2.  Verify and record the actual elevation (in relation to mean sea level) to Maintain the floodproofing certifications required in Paragraph Maintain for public inspection all records pertaining to the provisions of this  which the structure has been floodproofed.  15.52.290(3).  C.  Chapter.  (4) Alteration ofwatercourses.  a. b.  Notify adjacent communities and the State Coordinating Agency prior to any alteration orr elocatonofawateroure and submit evidence ofs suchn notification Require that maintenance is provided within the altered or relocated portion of said watercourse sO that thei flood-carrying capacity is not diminished.  to the Federal Emergency Management Agency.  (5) Interpretation of FIRM boundaries. Make interpretations, where needed, as to the exact location oft the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location oft the boundary shall be given a reasonable opportunity  toa appeal the interpretation as provided in Section 15.52.320.  15.52.320 Variance procedure. (a) Appeal card.  19    (1) The Variance Board, as established by the City, shall hear and decide appeals and (2) The Variance Board shall hear and decide appeals when it is alleged there is an errori in any requirement, decisions or determination made by the City Engineer (3) Those aggrieved by the decisions of the Variance Board or any taxpayer, may appeal such decisionsi to the District Court as provided in Rule 106 ofthe Colorado (4) Inp passing upon such applications, the Variance Board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this  require forv variances from the requirements of this Chapter.  in the enforcement or administration of this Chapter.  Rules of Civil Procedure.  Chapter, and: a. b. C. d. e. f. g. h. i. j.  The danger that materials may be swept onto other lands to the injuryof The danger to life and property due to flooding or erosion damage; The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on thei individual owners; The importance of the services provided by the proposed facility to the The necessity to thet facility ofa a waterfront location, where applicable; The availability of alternative locations for the proposed use which are The compatibility of the proposed use with the existing and anticipated The relationship of the proposed use to the comprehensive plan and The safety of access to the property in times of flood for ordinary and The expected heights, velocity, duration, rate of rise and sediment transportoft thei flood waters and the effects ofv wave action, ifapplicable, The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, streets and  others;  community;  not subject to flooding or erosion damage;  development;  floodplain management program for that area;  emergencyvehicles,  expected ati the site; and  k.  bridges.  20    (5) Uponconsideration: ofthe factors of Paragraph (4) above andi the purposesofthis Chapter, the Variance Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this Chapter. (6) The City Engineer shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Emergency  Management Agency.  (b) Conditions for variances.  (1)  Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half (M) acre or less in size contiguous stoand surrounded by lots withe existing structures constructed below the base level, providing items a-k in Paragraph (a)(4) above have been fully considered. As the lot sizei increases beyond the one-half (Y) acre, the technical  justifications required fori issuing the variance increases.  (2) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of (3) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (4) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.  this Section.  (5) Variances shall only be issued upon:  a. b. C.  Ashowing of good and sufficient cause; exceptional hardship to the applicant; and  A determination that failure to grant the variance would result in Adetermination: that the grantingofavariance: willr not resulti ini increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in Paragraph (4) above or conflict with existing local laws or Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor below the base flood elevation and that the cost of flood insurance will be commensurate with  ordinances.  (6)  the increased risk from the reduced lowest floor elevation.  21    Provisions for Flood Hazard Reduction  15.52.330 General standards.  In all areas of special flood hazards, the following standards are required:  (1) Anchoring. a.  All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure and capable of resisting All manufactured homes must be elevated and anchored to resist flotation, collapse or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads. Methods of anchoring may include, but are not limited to use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind  the hydrostatic and hydrodynamic loads.  b.  forces. Specific requirements may be:  1.  Over-the-top ties be provided at each of the four (4) corners of the manufactured home, withtwo (2) additional ties per side ati intermediate locations, with manufactured homes less than fifty (50) feet long Frame ties be provided ate each cornerc oft thel home withi five (5)additional ties per side at intermediate points, with manufactured homes less than fifty (50) feet long requiring four (4) additional ties per side; All components of the anchoring system be capable of carrying ai force of four thousand eight hundred (4,800) pounds; and Any additions to the manufactured home be similarly anchored.  requiring one (1)additional tie per side;  2.  3. 4.  (2) Construction materials and methods.  a. b. C.  All new construction and substantial improvements shall be constructed with All new construction and substantial improvements shall be constructed using All new construction and substantial improvements shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located sO as to prevent water from entering or accumulating within the components during conditions of  materials and utility equipment resistant to flood damage. methods and practices that minimize flood damage;  flooding.  (3) Utilities.  22    a. b.  All new and replacement water supply systems shall be designed to minimize or New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the On-site waste disposal systems shall be located to avoid impairment to them or  eliminate infiltration of flood waters into the: system;  systems into flood waters; and  C.  contamination from them during flooding.  (4) Subdivision proposals.  a. b.  All subdivision proposals shall be consistent with the need to minimize flood All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood All subdivision proposals shall have adequate drainage provided to reduce Base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least fifty (50) lots or five (5) acres  damage;  damage;  C. d.  exposure to flood damage; and  (whichever is less).  15.52.340 Specific standards.  Inallareasofs special flood hazards where basei flood elevation datal has been provided as set forth  in Section 15.52.240 or Paragraph 15.52.310(2), the following provisions are required:  (1) Residential construction.  a. b.  New construction and substantial improvement of any residential structure shall Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to the level of the base flood elevation; or, together with attendant utility and sanitary facilities, shall:  comply with FEMAI Flood Elevation Standards.  1. 2. 3.  Be flood proofed so that below the base flood elevation the structure is watertight with walls substantially impermeable toi the passage ofwater; Have structural components capable of resisting hydrostatic and Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of this Paragraph. Such  hydrodynamic loads and effects of buoyancy; and  23    certifications shall be provided to the official as set forth in Sections  15.52.250and 15.52.290(2) and (3).  (2) Openings in enclosures below the lowest floor. For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowingi for the entrya and exit of flood waters. Designs formeetingt thisre requirement must either be certified by a registered professional engineer or architect or must meet or  exceed thei following minimum criteria:  a.  A minimum of two (2) openings having a total net area of not less than one (1) square inch for every square foot of enclosed area subject to flooding shall be The bottom of all openings shall be no higher than one (1) foot above, grade; Openings may be equipped with screens, louvers or other coverings or devices provided that they permit the automatic entry and exit of flood waters.  provided;  b. C.  (3) Manufactured homes.  a. b.  Manufactured homes shall be anchored in accordance with Subparagraph All manufactured homes or those to be substantially improved shall conform to  15.52.330(1)b.  the following requirements:  1.  Require that manufactured homes that are placed or substantially improved on a site (a) outside of a manufactured home park or subdivision, (b) in a new manufactured home park or subdivision, (c) in an expansion to an existing manufactured home park or subdivision, or (d) in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as the result of a flood, be elevated on a permanent foundation suchi that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse and lateral movement. Require that manufactured homes tol be placed ors substantially improved onsitesi in existing manufactured home parks or subdivisions that are not subject to the provisions ins Subparagraph (3)a. above be elevated so that either (a) the lowest floor of the manufactured home is at or above the base flood elevation, or (b) the manufactured home chassis is supported by reinforced piers or other foundation elements that are no less than thirty-six (36) inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse  2.  and lateral movement.  24    15.52.341 Recreational vehicles.  Recreational vehicles shall either (1) be on the site for fewer than one hundred eighty (180) consecutive days, (2) be fully licensed and ready for highway use, or (3) meet the permit requirements  and elevation and anchoring requirements for manufactured homes.  15.52.350 Floodways.  Located within areas ofs special flood hazard established in Section 15.52.240are: areas designated asf floodways. Since the floodwayi is an extremely hazardous area duei tot the velocity off flood waterswhich carry debris, potential projectiles and erosion potential, the following provisions apply:  (1) Prohibit encroachments, including fill, new construction, substantial improvements and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in an increase in flood (2) IfSection 15.52.240 is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this Article.  levels during the occurrence of the base flood discharge.  15.52.360 REPEALED INI ITS ENTIRETY.  CHAPTER 15.56 Electrical Code  15.56.010 REPEALTED IN ITS ENTIRETY. 15.56.020 REPEALTED IN ITS ENTIRETY. 15.56.030 Violation; penalty.  It is unlawful for any person, firm or corporation to construct, enlarge, alter, repair, use, occupy or maintain any building ors structure ini the City or cause the same to be done in contraryt to ori in violation ofa any oft the provisions of this code. Any person, firm or corporationyiolating: any oft the provisions oft this code shall be guilty of a misdemeanor, and each such expression shall be deemed guilty of a separate violation for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted, and upon conviction of any such violation, such person shall be punishable by ai fine of not more than two thousand dollars ($2,000.00), or byi imprisonment for not more than one hundred eighty (180) days, or by both such fine andi imprisonment.  CHAPTER 15.60 Administrative Code  15.60.020 REPEALTED IN ITS ENTIRETY.  25    15.65.010 Adoption of Energy Code.  Acertain document, two (2) copies of which are ont filei int the office oft the City Clerk, being marked and designated as the Energy Code, 2018 edition, as published by the International Code Council, be and is hereby adopted as the Energy Code of the City, regulating and governing the conditions and maintenance ofa allp property, buildings and structures; by providing the standards fors supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitaryand fiti for occupations and use; and the condemnation of buildings and structures unfit for human occupancy and use and the demolition of such structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Energy Code oni filei int the office oft the City are hereby referred to, adopted andi made a part  hereof, as ifi fully set out int this Chapter.  CHAPTER 15.70Title 15- Violations and Penalties  15.70.101 Violations; penalties.  (a) As to all provisions of Title 15 it shall be unlawful for any person, firm or corporation to erect, remove, convert or demolish, equip, use, occupy or maintaina any building or structure ini the City, or cause the same to be done, contrary to or in violation of any of the provisions of Sections (b) Any person, firm or corporation violating any of the provisions of Title 15 inclusive, shall be deemed guilty of a misdemeanor and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions oft this Chapter is committed, continued or permitted, and upon conviction ofa any such violation, such person shall be punishable by a fine of not more than two thousand dollars ($2,000.00), or imprisonment for not more than one hundred eighty (180) days, or by both such (c) Any person initiating construction or remodel of a premises prior to obtaining the necessary  15.52.0101 to: 15.52.350, inclusive.  fine and imprisonment.  permits shall bei in violation of this chapter.  26    o    APPENDIXL PERMIT FEES  The provisions contained: in this appendix are not mandatory unless specifically referenced in the adopting ordinance.  TOTAL VALUATION $1 to $500 $501 to $2,000 $2,001 to $40,000 $40,001 to $100,000 $100,001 to $500,000 $500,001 to $1,000,000 $1,000,001 to $5,000,000 $5,000,001 and over  FEE $24  $24 for the first $500; plus $3 for each additional $100 or fraction thereof, up to and including $2,000 $69 for the first $2,000; plus $11 for each additional $1,000 or fraction thereof, up to and including $40,000 $487 for the first $40,000; plus $9 for each additional $1,000 or fraction thereof, up to and including $100,000 $1,027 for the first $100,000; plus $7 for each additional $1,000 or fraction thereof, up to and including $500,000 $3,827 for the first $500,000; plus $5 for each additional $1,000 or fraction thereof, up to and including $1,000,000 $6,327 for the first $1,000,000; plus $3 for each additional $1,000 or fraction thereof, up to and including $5,000,000 $18,327 for the first $5,000,000; plus $1 for each additional $1,000  or fraction thereof  Plan Review Commercial New $100.00 Commercial Remodel $50.00 Signs $25.00 Residential New $75.00 Fire Alarms Fire Alarm Review $250.00 Sprinkler System Review $350.00  Residential remodel, garage, shed, etc. $25.00  *Double the permit fee for work with no permit    City Manager Comments  We are working on our 5-year Airport Improvement Plan with FAA. We had a water main break ont the North La. Juntal bridge and by Chaparral Circle. The Brick: and' Tile playground will be constructed over the next month. We are forming the floor for the bathroom for the Brick and Tile Park. The Fire Department is hosting ai ice rescue training at City Park lake. The columbarium finally arrived over ay year after we orderi it. It has been set. We are replacing the scoreboard for Veteran's field We are: starting crack filling this week if the weather holds Thel library theme is All together Now.  We are waiting for our notice to proceed to construct the trail from CDOT and the Army Corps  ofE Engineers.