HomeMy WebLinkAboutORDINANCE 09-22ORDINANCE NO. 09-22
AN ORDINANCE AMENDING CHAPTER 12.20 OF THE ESTES PARK
MUNICIPAL CODE ON CURBS AND SIDEWALKS
WHEREAS, the Board of Trustees of the Town of Estes Park, Colorado has
determined that it is in the best interest of the Town to amend certain sections of the
Municipal Code of the Town of Estes Park, Colorado.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK, COLORADO AS FOLLOWS:
Section 1: Ellipses in this ordinance indicate material not reproduced as the Board
intends to leave that material in effect as it now reads.
Section 2: Sections 12.20.040 and 12.20.050 of the Estes Park Municipal Code
are hereby repealed and replaced with the following language:
12.20.040 - Repair required.
All sidewalks, curbs and gutters shall be maintained with a planar and
smooth surface in good repair and in conformity with the established grade of the
streets along which they are constructed, by the owner of the property adjacent to
or upon which they are constructed.
12.20.050 - Notice of repair; collection of costs.
(a) Whenever the Town Engineer determines, in their reasonable discretion,
that the repair of any sidewalk, curb or curb and gutter is necessary to remove an
obstruction such as a surface discontinuity that hinders free and accessible
passage thereon, and to preserve the public safety, it shall be the duty of the owner
of the property adjacent to or upon which the improvement is situated to repair the
same in accordance with the determination and the Town's legislatively adopted
standards. Upon such determination, a notice in writing shall be served upon the
owner or agent in charge of such premises to repair such sidewalk, curb or curb
and gutter within sixty (60) days after the receipt of the notice. The notice shall be
served upon the owner or agent in charge of the premises if found within the Town,
and if not, the notice may be served by United States mail addressed to such owner
at their last known address; or in lieu of service by mail, the notice may be served
by publication in two (2) issues of some daily or weekly newspaper published in
the Town.
(b) If such owner or agent in charge of any premises shall fail to repair any
sidewalk, curb or curb and gutter as required in any notice and within the time
specified in such notice, or within such time as extended in writing by the Town
Engineer in light of extenuating circumstances, then the work of repairing such
sidewalk, curb or curb and gutter may be done by the Town or by contract with
some private contractor. When such work is completed, the cost shall be assessed
against the adjacent or abutting property, and the Town shall make demand upon
the owners of the adjacent or abutting property in the same manner as provided
for the service of notice, and if the assessment is not paid within thirty (30) days
after the service of the demand, the Town may certify the assessment to the
County Treasurer for extension of the assessment upon the Treasurer's tax roll for
the collection of the assessment in the same manner as other taxes assessed
upon the property.
(c) Construction of new sidewalks may be required in conjunction with a
development application, as described in the Development Code.
Section 3: Section 12.20.060 of the Estes Park Municipal Code is hereby
amended, by adding underlined material, to read as follows:
12.20.060 - Removal of snow and ice.
(e) Such persons described in this section may be liable in tort for
negligence in failing to perform these duties to users of the street or sidewalk.
(f) Nothing in this section waives or is intended to waive the monetary
limitations or any other rights, immunities, and protections provided by the
Colorado Governmental Immunity Act, § 24-10-101 et seq., C.R.S., as from time
to time amended, or otherwise available to the Town, its officers, and its
employees.
Section 4: This Ordinance shall take effect and be enforced thirty (30) days after
its adoption and publication by title.
PASSED AND ADOPTED by the Board of Trustees of the Town of Estes Park,
Colorado this Z. day of ,::, , 2022.
TOWN OF ESTES PARK, COLORADO
2
By:
ATTEST:
I hereby certify that the above Ordinance was introduced at a regular meeting of the Board
of Trustees on the ;2^.a day of ,„,.3 , , 2022 and published by title in a
newspaper of general circulation in the Town of Estes Park, Colorado, on the 67 day of
, 2022, all as required by the Statutes of the State of Colorado.
APPROVED AS TO FORM:
Town Attorney