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The following amendments are hereby made to the Uniform Code for the Abatement of Dangerous Buildings:
Section 301: Section 301 is amended to read as follows, including the addition of the following definitions: "Section 301 General. For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in this section or as specified in the Vail Building Code.
BUILDING CODE is the International Building Code, as adopted and amended by the Vail Building Code.
DANGEROUS BUILDING is any building or structure deemed to be dangerous under Section 302 of this code."
(Ord. 8(2022) § 1; Ord. 13(2024 § 1)
(A) It is unlawful for any person to violate any provision of any code adopted in this Chapter.
(B) Violations of this Chapter shall be subject to the penalties provided in § 1-4-1 of this Code. Each day the violation continues shall constitute a separate offense. In addition, the Town may maintain an action for damages, declaratory relief, specific performance, injunction, or any other appropriate relief for a violation of any provision of this Chapter.
(Ord. 8(2022) § 1; Ord. 13(2024) § 1) Penalty, see § 1-4-1
(A) Appeal of Building Official or Fire Code Official actions:
(1) Authority: The Building and Fire Code Appeals Board (the "Board") shall have the authority to hear and decide appeals from any order or decision of the Building Official or Fire Code Official under this Chapter. An appeal shall be based on a claim that the intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Chapter do not fully apply, or an equivalent or better form of construction is proposed. The Board shall not have the authority to waive any specific requirement of this Chapter.
(2) Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order or decision of the Building Official or Fire Code Official under this Chapter. Failure to file a timely appeal shall constitute a waiver of any rights under this Chapter to appeal any order, decision, determination or interpretation by the Building Official or Fire Code Official.
(3) Procedure:
(a) A written notice of appeal shall be filed with the Community Development Department within fourteen (14) days of the decision or order being appealed. Upon the filing of the appeal, the Building Official shall gather and forward all records concerning the subject matter of the appeal to the Board.
(b) The appeal shall be considered by the Board at its next regularly scheduled meeting.
(c) The Board may affirm, reverse, or modify the action of the Building Official or Fire Code Official, or schedule a hearing. Failure of the Board to act within thirty (30) days of receipt of the appeal information shall be deemed concurrence with the action of the Building Official or Fire Code Official.
(d) If a hearing is deemed necessary, it shall be held within thirty (30) days of the first consideration by the Board. Written notice shall be sent to the appellant a minimum of seven (7) days prior to the scheduled hearing. The Board may grant one continuance of the hearing of up to thirty (30) days.
(e) On all appeals, the Board shall, make findings of fact based on the evidence presented and issue a written order.
(B) Appeal of Board actions:
(1) Authority: The Town Council shall have the authority to hear and decide appeals from any order of the Board.
(2) Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order of the Board. Failure to file a timely appeal shall constitute a waiver of any rights to appeal any order of the Board.
(3) Decision: The Town Council may affirm, reverse, or modify the order of the Board. The Town Council shall make findings of fact based on the evidence presented.
(4) Final Decision: The decision of the Town Council shall be final, subject only to judicial review by a court of competent jurisdiction under C.R.C.P. 106(a)(4).
(Ord. 3 (2023) § 2; Ord. 13(2024) § 1)