ORDINANCE NO. 608

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11741-1

TOWN OF OAK CREEK

ORDINANCE NO. 608

AN ORDINANCE REPEALING AND REENACTING BY REFERENCE THE OAK CREEK LAND USE CODE CODIFIED AS CHAPTER 17 OF THE OAK CREK MUNICIPAL CODE, REPEALING ALL CONFLICTING ORDINANCES, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF.

BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF OAK CREEK, COLORADO as follows:

WHEREAS, there are now on file in the office of the Town Clerk, for public inspection, three copies of the Oak Creek Land Use Code dated February 10, 2011.

WHEREAS, the Oak Creek Planning Commission following a public hearing has recommended that the Oak Creek Land Use Code codified as Chapter 17 of the Oak Creek Municipal Code be repealed and reenacted.

NOW, THEREFORE, be it ordained by the Board of Trustees of the Town of Oak Creek as follows:

SECTION 1. REPEAL AND REENACTMENT. The Oak Creek Land Use Code codified as Chapter 17 of the Oak Creek Municipal Code is hereby repealed and reenacted by reference.

SECTION 2. TITLE - CITATIONS REFERENCE. It shall be sufficient to refer to said code as the Oak Creek Land Use Code in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction of, or repeal of the "Oak Creek Land Use Code". References may be made to the titles, chapters, sections and subsections of the "Oak Creek Land Use Code" and such references shall apply to those titles, chapters, sections or subsections as they appear in the Oak Creek Municipal Code.

SECTION 3. DESCRIPTION OF CODE. The Oak Creek Land Use Code is a comprehensive list of regulations for land use within the Town of Oak Creek. It includes general provisions and definitions and provisions regarding development applications, review procedures, public service standards, environmental standards, flood plain regulations, annexation and vacations, abatement of nonconforming uses, monitoring and enforcement, community design standards, performance districts, mobile home regulations, vesting of property rights, forms and penalties for violations.

SECTION 4. PENALTY FOR VIOLATIONS. Any person, including but not limited to the officers and agents of a corporation responsible for its actions or inaction, and the partners or members of a partnership, firm or joint venture, either as owner, lessee, occupant, or otherwise, who violates or causes the violation of any of the provisions of this code (Oak Creek Land Use Code), shall be guilty of a separate offense for each and every day or portion thereof during which a violation is committed, permitted, or continues. Any person convicted of a violation shall be subject to the penalties provided for in Section 1.20.010 of the Oak Creek Municipal Code. Section 1.20.010 of the Oak Creek Municipal Code reads as follows:

General Penalty----Continuing offenses.

A. No person shall violate any of the provisions of the ordinances of the Town. Any person who violates any of the provisions of the ordinances of the town shall be punished by a fine of not more than three hundred dollars, or by imprisonment not to exceed ninety days, or by both such fine and imprisonment.

B. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the Town is committed, continued or permitted by any such person, and he shall be punished accordingly.

SECTION 5. TITLE, CHAPTER AND SECTION HEADINGS. Title and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title or section hereof.

SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.

SECTION 7. EFFECTIVE DATE. This ordinance shall take effect and be in full force and effect upon the expiration of 30 days after publication.

INTRODUCED, READ AND PASSED AT FIRST READING this 10th day of February, 2011.

/s/: Nikki Knoebel

Nikki Knoebel

Mayor

ATTEST:

/s/: Karen Halterman

By: Karen Halterman

Town Clerk

FINALLY, READ, PASSED, APPROVED AND ORDERED PUBLISHED this 10th day of March, 2011.

/s/: Nikki Knoebel

By: Nikki Knoebel

Mayor

ATTEST:

/s/: Karen Halterman

By: Karen Halterman

Town Clerk

Published in The Steamboat Pilot & Today

Publication Date: March 13, 2011

10255874

Published in The Steamboat Pilot & Today Publication Date: March 13, 2011

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