Avon regulates paid private parking 2 years after major new parking vendor in town sparked outrage

Avon is taking steps to regulate paid parking on private property two years after the company that owns much of downtown Avon sparked outrage by implementing paid parking in its lots.

The Avon Town Council approved the first draft of a law that would create and require private landowners to obtain a business license to operate paid parking on their property on Tuesday, Dec. 9. Avon’s approach to the issue is unique within rural Colorado.

When it comes to the regulations, “There is not a ‘typical,'” said Eric Heil, town manager. “There’s Denver, and then there’s us.”

Town staff came up with the creative approach after hearing constant feedback from the community that private paid parking needed to be addressed.

“I think that it definitely is in the welfare of our town, and people in our town, whether they are guests or residents or tenants in buildings … that we look into regulating and try to regulate fair business practices and licensing for this sort of operation,” said Mayor Tamra Nottingham Underwood. “It’s really a consumer protection issue and (impacts) the reputation of the town out in the world, so that’s why I’m in favor of us moving forward with it.”

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Why regulate paid parking?

Avon’s effort to regulate paid parking on private property was spurred by one big change that occurred in town in fall 2023.

“(There) have been some contentious issues related to one private landowner who enacted some private parking fees on their property,” said Miguel Jauregui Casanueva, town clerk. “This started in late summer of ’23 and escalated since then.”

In 2013, the Florida-based company Hoffmann Commercial Real Estate acquired a significant portion of the commercial property in downtown Avon. In fall 2023, the company decided to implement paid parking in its lots, charging fees 24 hours per day. Those who fail to register their vehicles and park for more than three hours receive a mailed ticket for $87.

This was met with outrage and concern from many Avon residents and business owners, who spoke out at several Town Council meetings and other forums.

“The town did receive numerous complaints about how that private parking management was occurring on private property,” Jauregui Casanueva said.

“They also complained that the fee of $87 dollars on private property was excessive, that signage was not adequate and that the service to answer questions related to it was confusing,” Jauregui Casanueva said.

In response, the town organized a meeting with representatives from the company’s chosen parking subcontractor, Five Star Valet, and fee enforcement agency, Parking Revenue Recovery Services, in January 2024.

At the same time, Avon was working to implement its own paid parking system, which requires drivers parking in town-owned lots and bays register their vehicles to receive three hours of free parking, then pay $1 per hour for each additional hour between 8 a.m. and 5 p.m. The goal of the program was to preserve the town’s parking spaces for people using town amenities and visiting the town’s businesses.

The town’s managed parking program went into effect in December 2023.

Last winter, Avon organized a survey that asked residents and visitors about their opinions on parking in town.

“There was a lot of public comment received that expressed concern about the direction private parking management was taking on private property in Avon,” Jauregui Casanueva said.

What does the new business license look like?

The extensive discussion about paid parking in town prompted Avon’s town lawyer, Nina Williams, to draft an ordinance that will allow the town to regulate paid private parking in specific situations.

The legislation creates a special type of business license that private entities that own a parking lot or structure and wish to implement paid parking will be required to apply for from the town.

“This is doing what our town attorney feels is legally sound for us to do,” Heil said.

The license applies to any parking lot that is not owned by the town or another governmental entity, allows three or more motor vehicles of the general public to park and charges a fee, fine or penalty for parking.

Property owners must apply for the license annually from Avon’s finance department, meet signage requirements and show that the lot will be maintained to the town’s standards.

To pass the signage requirement, there must be signs placed at the entrance and within the lot containing information including but not limited to: the name of the company that owns the lot, contact information to reach a human representative (non-AI) whenever the lot is used for paid parking, the hours the parking lot is charging customers, the rates for parking, the maximum rate, fee, penalty or fine and payment instructions. Licensees cannot charge more than is listed on the sign.

“With our large commercial owner that has managed parking, if you didn’t register or you stayed too long, you were getting an $87 ticket. Nowhere on their signs does it say that you could get an $87 — I don’t even know what you call it, fine or fee or ticket or whatever,” Heil said. “That was probably one of the number one reasons for people being really unhappy with coming to Avon, parking and patronizing our businesses. We want to make sure that maximum number is spelled out.”

The town has the right to deny a license, and the license applicant has the right to appeal that decision. 

As of now, the ordinance is set to take effect beginning May 9, though this can be amended. Once it takes effect, it will apply to all businesses that operate paid parking in town for public visitors — including those that are already operating.

“I’m glad we are doing something,” Underwood said. “This was an incredibly hot, passionate, very upsetting issue a number of months ago. Tempers have cooled quite a bit for sure, but we do have still much input concerning the reputation of our town in the view of people who feel misguided, abused, et cetera by parking in a paid parking lot where fines and fees end up being not fairly assessed, where the signage is not clear, where the business operation is not legitimate, so to speak.”

The council will see a final draft of the ordinance for approval during its Tuesday, Jan. 13 meeting.

“We absolutely need to hear from people who care about this issue,” Underwood said. “We would love to hear from you, and we would love to hear from the commercial enterprise who will probably be the entity regulated by this ordinance.”