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HomeMy WebLinkAbout08596ORDINANCE NO. 8596 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO BUILDING DEPARTMENT ADMINISTRATION AND CONTRACTOR LICENSES AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. Section 4-1-2 of Chapter 1, Title IV of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 4-1-2. Definitions. . . . (e) Major codes means the International Building Code as adopted with amendments by Chapter 2 of this Title, herein International Building Code; the International Residential Code as adopted with amendments by Chapter 6 of this Title; herein International Residential Code, the National Electrical Code as adopted with amendments by Chapter 3 of this Title, herein National Electrical Code; the Uniform Plumbing Code as adopted with amendments by Chapter 4 of [] International this Title, herein Uniform Plumbing Code; and the Uniform Mechanical Code as adopted with amendments by Chapter 5 of this Title, herein [] International Uniform Mechanical Code. (f) Minor or secondary codes means any other building code which is adopted by reference, directly or indirectly, in whole or in part by ordinance or by express provisions of a major code including without limitation, the Unsafe Structures Regulations, Chapter 7 of this Title, herein Unsafe Structures [] International Property Maintenance Regulations; the Uniform Housing Code as adopted with amendments by Chapter 1 of Title VIII of this Code, herein [] International Property Maintenance Uniform Housing Code; and the International Energy Conservation Code. and restated (g) Agreement means the amended agreement entered [] June 1, 2012 into August 10, 1981 , by and between the City of Pueblo, Colorado, a municipal corporation and the Board of County Commissioners of the County of Pueblo, Colorado, pursuant to resolution and ordinance duly adopted and under the authority of Section 29-1-203, C.R.S. Whenever the phrase "Board of Appeals" appears in Title IV of this Code or in any major or minor or secondary code, the same shall be taken and construed to mean the applicable Board of Review created by the agreement which created the Pueblo Regional Building Department. (h) Board means the Electrical Board of Review, Plumbing Board of Review, Mechanical Board of Review or the Building Board of Review [] established by paragraphs 12 and 13 of the Agreement as the context of this Chapter or the Agreement so requires. SECTION 2. Section 4-1-8 of Chapter 1, Title IV of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 4-1-8. Appeals and Authority of Board of Appeals. . . . (d) The Department, the Commission, the appellant and any other person aggrieved by the order or decision of the Board may seek review thereof [] twenty-eight (28) within thirty (30) days after entry of the Board's order or decision pursuant to Rule 106(a)(4), C.R.C.P. in the District Court in and for the County of Pueblo, Colorado. Review shall not be extended further than to determine whether the Board exceeded its jurisdiction or abused its discretion. The decision or order of the Board shall remain in full force and effect pending appeal unless stayed by order of the District Court. SECTION 3. Section 4-1-18 of Chapter 1, Title IV of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: Sec. 4-1-18. Revocation or suspension of a contractor’s license; causes; hearing. . . . [] twenty-eight (28) (e) Within thirty (30) days after any decision or order of the appropriate Board, the Building Official, licensee or registrant or any person who is aggrieved by such decision or order may seek review pursuant to Rule 106 (a)(4) of the Colorado Rules of Civil Procedure in the District Court for the County. Review shall not be extended further than to determine whether the Board exceeded its jurisdiction or abused its discretion. SECTION 4. Any person who violates the Pueblo Municipal Code as amended hereby or violates this Ordinance as related thereto, shall be guilty of a municipal offense subject to the punishment and all other remedies as provided in Title IV of the Pueblo Municipal Code, as amended. SECTION 5. This Ordinance shall become effective immediately upon final passage and approval. INTRODUCED: May 13, 2013 BY: Chris Kaufman PASSED AND APPROVED: May 28, 2013 Background Paper for Proposed ORDINANCE DATE:AGENDA ITEM R-7 May 13, 2013 DEPARTMENT: PUEBLO REGIONAL BUILDING DEPARTMENT DAVID VAUGHN, BUILDING OFFICIAL TITLE AN ORDINANCE AMENDING CHAPTER 1 OF TITLE IV OF THE PUEBLO MUNICIPAL CODE RELATING TO BUILDING DEPARTMENT ADMINISTRATION AND CONTRACTOR LICENSES AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF ISSUE Should City Council amend Chapter 1 of Title IV of the Pueblo Municipal Code relating to department administration and contractors licenses? RECOMMENDATION Regional Building Department recommends approval of the Ordinance. BACKGROUND The amendment is necessary in order to properly reference the contract between the City of Pueblo and Pueblo County relating to the Pueblo Regional Building Department and to include the International Property Maintenance Code as a “major code” as defined in the Pueblo Municipal Code. The amendment is also necessary in order to conform the Code to the Rules of Civil Procedure relating to appeal deadlines. FINANCIAL IMPACT None.