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In addition to any other powers or duties conferred by the City Charter, this Code, other statutes, Utilities Board governance policies, ordinances, rules or regulations, the Utilities Chief Executive Officer shall have the authority to:
A. Execute all business contracts entered into by Utilities and all other contracts and agreements.
B. Delegate signature authority to staff reporting to the Chief Executive Officer by Utilities Enterprise Policy, and may provide for further delegation of this signatory authority as appropriate.
C. Adopt or promulgate Utilities Enterprise Policies and service standards and specifications consistent with the provisions of the Charter or this Code concerning matters that are applicable to all operations and finances of the Utilities including all operational units.
D. Delegate authority to staff reporting to the Chief Executive Officer by Utilities Enterprise Policy, to adopt service standards and specifications for each respective division.
E. Make and enforce rules and regulations as may be necessary for the regulation, collection, rebating and refunding of user charges for utility services and/or for Stormwater service fees collected by Utilities as provided by section 14.8.109 of this Code.
F. Identify and certify an imminent hazard condition exists and abate the hazard in accord with the provisions of this chapter.
G. Interrupt or curtail utility services or to provide for the interruption or curtailment of utility services whenever emergency circumstances, including, without limitation, supply limitations or restrictions, treatment restrictions or limitations, transmission or distribution system restrictions or failures, or operational problems, require immediate interruption or curtailment of utility services for operational or safety reasons. The Chief Executive Officer's authority under this section may be delegated by Utilities Enterprise Policy.
H. Issue revocable permits for the use of public property primarily used by Colorado Springs Utilities, including watershed areas, for any purpose not inconsistent with this Code, regulations established by the Chief Executive Officer, or other laws and ordinances regulating the use and occupancy of public property.
I. Establish regulations governing the issuance or denial of a revocable permit and setting insurance requirements, fees and permit terms and conditions necessary to protect the public health, safety and welfare and the safety and welfare of Colorado Springs Utilities operations, equipment and facilities. (Ord. 18-42; Ord. 18-48; Ord. 19-80)
A. Determined By City Council: The rates, charges and regulations, including conditions, for all classes of regulated electric, streetlight, natural gas, water and wastewater services shall be determined by the City Council for customers and users inside and outside of the corporate limits of the City and shall be set forth in tariff sheets to be adopted by resolution as provided in this section.
B. Tariff Sheets On File: One copy of the currently effective tariff sheets for each regulated utility service shall be kept on file with the City Clerk and shall be open for public inspection during regular business hours. Copies hereof may be purchased by any person upon payment of the cost of reproduction.
C. Adopted By Resolution; Hearing: Base rates or regulations or any change shall be adopted by resolution, which shall adopt by reference the appropriate tariff sheet or sheets to be established or revised.
1. Preliminary Information For The City Auditor And City Attorney: When Utilities proposes to change base rates, and the proposed change will result in the determination of a new revenue requirement supported by a cost of service study, Utilities will provide a draft of the proposal and cost of service study to the City Auditor and the City Attorney at least thirty (30) days prior to filing the proposed resolution with City Council. When changes to base rates are proposed, but do not involve a cost of service study, a draft of the proposal will be provided to the City Auditor and the City Attorney seven (7) days prior to the filing of a proposed resolution. Any request for additional information by the City Auditor and any response by Utilities, will be in writing. Drafts of the proposed resolution and tariff sheets will be provided to the City Attorney seven (7) days prior to filing of the final proposed resolution with City Council.
2. Notice And Order For Hearing: Upon presentation of a proposed resolution regarding adoption or change in base rates or regulations, the City Council shall set a hearing not less than thirty (30) days nor more than sixty (60) days from the date of the notice of the proposed resolution and shall order notice of the proposed resolution to be made as follows:
a. One copy of the proposed resolution, including the proposed change in the base rates or regulations, and one copy of any written documents which Utilities has provided to City Council to explain the proposed resolution, shall be filed and kept open for public inspection in the Office of the City Clerk.
b. Notice shall be given by publishing a summary of the proposed resolution at least once in at least one newspaper of general circulation within the City at least thirty (30) days and no more than sixty (60) days prior to the date set for the public hearing. The notice shall include: 1) an explanation of the proposed changes in rates or regulations, or new base rates or regulations; 2) the time when the same shall go into effect; and 3) a statement that one copy of the resolution and one copy of any written documents which the Utilities has provided to City Council to explain the proposed resolution are on file and open for public inspection in the Office of the City Clerk.
c. If it is impractical due to the size or bulk of the proposed resolution to publish the same in a newspaper, a summary thereof prepared by Utilities shall be published and notice shall be given of the availability of the proposed resolution for public inspection, including any new schedules stating plainly the changes to be made in the schedules then in force, at least once in at least one newspaper of general circulation in the authorized service area at least thirty (30) days and no more than sixty (60) days prior to the date set for public hearing.
d. Notice of any change in base rates or regulations for electric and/or natural gas service shall be mailed to affected customers served outside the City's corporate boundaries. The notice shall state the date and time of public hearing and that one copy of the proposed ordinance or resolution, including the proposed change in base rates or regulations, and one copy of any written documents which the Utilities has provided the City Council to explain the proposed resolution and changes are on file and open for public inspection in the Office of the City Clerk.
e. If a City Council Member discusses a proposed rate resolution with staff or members of the public outside a public hearing, the City Council Member shall place the substance of the discussions on the public record during the subsequent public hearing.
3. Public Hearing: The City Council shall conduct a public hearing to consider the proposed resolution. The procedures to be followed concerning the hearing shall include the following:
a. The City Council shall not delegate hearing on the proposed resolution to any other person, board or commission.
b. The City Council may question witnesses and may be assisted by legal, technical or other professional personnel or advice, as it deems necessary. All discussions and presentations by staff concerning the proposed resolution shall occur during a public hearing.
c. The Utilities shall make a presentation, including a presentation of exhibits to explain the proposed base rates or regulations, and the need therefor.
d. Any users or customers of the Utilities, their representatives or their attorneys, shall be allowed to present testimony and/or exhibits relevant to the proposed resolution during that portion of the public hearing when public comment is allowed.
e. Any users or customers may represent themselves, may select a representative or be represented by legal counsel.
f. Customers or users, their representatives or attorneys, who desire to present witnesses other than themselves concerning the proposed resolution may request an opportunity to present testimony and/or exhibits by filing with the City Clerk and Utilities' Chief Executive Officer a notice of intent to present witnesses, which shall contain a list of the names of witnesses which the user or customer proposes to present at the public hearing and a short summary of testimony of each witness, including a copy of all exhibits and other documentation that the user or customer proposes to present to City Council for its consideration, not less than seven (7) working days prior to the public hearing.
g. Testimony must be relevant to the issues being heard before the City Council, and not be repetitious. If the testimony or exhibits to be offered by a customer or user appear to be unduly repetitious, Council may require all similarly interested customers or users to designate a spokesman, or may appoint a spokesman for them, who alone shall be allowed to present testimony or exhibits.
h. City Council shall have discretion to limit the time for presentation by the Utilities and customers or users, their representatives or attorneys, desiring to present testimony or exhibits. The hearing shall be legislative in nature, but the City Council may allow the questioning, rebuttal or argument by Utilities, customers or users, their attorneys or representatives, as it considers appropriate.
4. Amendments And Revisions: The City Council may amend the proposed resolution and revise any proposed base rate or regulation as a result of information presented at the public hearing.
D. Procedure To Change Certain Rates Or Charges And Authorize Refunds By Resolution Without Notice And Public Hearing:
1. When Utilities proposes changes for electric cost adjustments or gas cost adjustments, the drafts of the proposal, the proposed resolution and tariffs will be provided to the City Auditor and City Attorney seven (7) days before filing the final proposed resolution with City Council.
2. The City Council, for good cause shown, may by resolution:
a. Authorize a refund of costs or charges to Utilities' customers; or
b. Change rates or charges of the electric utility to reflect electric cost adjustments (increased or decreased costs of fuel and/or purchased power) in the rates of the electric utility; or
c. Change rates or charges of the gas utility to reflect increased or decreased gas costs from the gas supplier; or
d. Change any other fees, rates or charges that are not within the control or discretion of the City or the Utilities; or
e. Change any other rates or charges of the water utility necessary to avoid a water shortage; or
f. Change any other tariff provision which City Council, in its discretion, deems to be appropriate; provided, the change has no adverse impact on customers.
3. In the cases noted above, Council may authorize the changes without requiring notice and public hearing. The resolution adopting the changes will be considered an order of City Council and shall specify the changes to be made and shall state: a) the circumstances necessitating the change without notice and public hearing, b) the effective date of the changes, and c) the manner in which the changes shall be published. Furthermore, whenever City Council authorizes a refund of costs or charges to customers of the Utilities, the resolution authorizing the refund shall provide for the disposition of refunds due to customers which cannot be located.
E. Standards For Setting Electric, Streetlight And Natural Gas Rates: All rates, as established by City Council for electric, streetlight and natural gas service, shall be just, reasonable, sufficient and not unduly discriminatory. All rates and regulations shall be designated in tariff sheets as provided above and shall indicate an approval date and an effective date to be set by City Council.
F. Authority For Water And Wastewater Setting Rates: City Council shall set water and wastewater rates for customers inside and outside the corporate limits of the City and for all classes of water service at the amount as Council, in its discretion, determines to be reasonable and appropriate in light of all circumstances. All water rates and regulations shall be designated in tariff sheets as provided above and shall indicate an approval date and an effective date to be set by the City Council. (Ord. 98-173; Ord. 01-42; Ord. 02-60; Ord. 03-50; Ord. 04-198; Ord. 18-42)
A. Utilities is authorized to execute its business contracts in the name "Colorado Springs Utilities". Utilities' business contracts executed in the name "Colorado Springs Utilities" shall be deemed to have been executed by the City of Colorado Springs on behalf of its Utilities enterprise and shall be legally enforceable by the City or Utilities against third parties and by third parties against the City or Utilities to the same extent that would occur if the business contracts had been executed by the City of Colorado Springs on behalf of its Utilities enterprise. Furthermore, all contracts executed in the name of "Colorado Springs Utilities" shall be interpreted or construed by any reviewing court as having been executed by the City of Colorado Springs on behalf of its Utilities.
B. The Chief Executive Officer is authorized to execute all business contracts entered into by Utilities and all other contracts and agreements. The Chief Executive Officer may delegate this signatory authority by Utilities Enterprise Policy to staff reporting to the Chief Executive Officer and may provide by Utilities Enterprise Policy for the further delegation of this signatory authority. The Chief Executive Officer shall not have the authority to execute contracts or financial instruments that encumber or pledge the funds or other assets of the City of Colorado Springs, other than those of the Utilities, or otherwise affect the full faith and credit, of the City of Colorado Springs.
C. Notwithstanding the provisions of section 1.2.313 of this Code, related to the Mayor's powers and duties with respect to City contracts, the Mayor shall not have the duty or power to execute or sign business contracts entered into by Utilities, provided, however, that the Mayor may sign bonds, financial contracts and related documents entered into by Utilities as a ministerial function pursuant to section 4-10 of the City Charter. (Ord. 98-173; Ord. 01-42; Ord. 14-21; Ord. 18-42)
The Chief Executive Officer shall have the power and authority to adopt and promulgate Utilities Enterprise Policies and service standards and specifications consistent with the provisions of the City Charter or this Code concerning matters that are applicable to all operations and finances of the Utilities.
A. Utilities Enterprise Policies:
1. The Chief Executive Officer shall have the power and authority to adopt Utilities Enterprise Policies consistent with the provisions of the City Charter and this Code concerning matters that are applicable to all operations, personnel and finances of the Utilities, and all operational units.
2. The Chief Executive Officer, by Utilities Enterprise Policies, may delegate authority to staff reporting to the Chief Executive Officer to adopt Utilities Enterprise Policies concerning matters applicable to each respective operational unit.
3. Public notice and comment is not required for the adoption of Utilities Enterprise Policies.
B. Service Standards And Specifications; Rules And Regulations:
1. Power And Authority: The Chief Executive Officer shall have the power and authority to promulgate service standards and specifications and rules and regulations consistent with the Charter and this Code, subject to the following guidelines:
a. Electric Generation, Transmission And Distribution: Service standards and specifications relevant to electric generation, transmission and distribution shall pertain to, but shall not be limited to, the following: 1) planning, design, construction, operation and maintenance of Utilities' electric generation plants, transmission and distribution systems and appurtenant facilities; and 2) regulation of the transmission, distribution and use of electricity supplied by Utilities. In establishing the service standards and specifications, the Chief Executive Officer shall seek to assure the safe and efficient operation of the electric production, transmission and distribution systems, and the protection of the systems, processes, equipment and facilities appurtenant thereto.
b. Gas Supply: Service standards and specifications relevant to gas supply shall pertain to, but shall not be limited to: 1) installation, construction, operation and maintenance of Utilities' natural gas distribution system; and 2) regulation of the distribution and use of natural gas supplied by Utilities. In establishing the service standards and specifications, the Chief Executive Officer shall seek to assure the safe and efficient operation of the natural gas distribution system, and the protection of the system, process, equipment and facilities appurtenant thereto.
c. Water Supply: Service standards and specifications relevant to water supply shall pertain to, but shall not be limited to, the following: 1) installation, construction, maintenance, repair or replacement of property appertaining to the water system; 2) provision of water service to the public; and 3) assurance of potable and palatable quality of water. In establishing the standards and specifications, the Chief Executive Officer shall seek to assure the safe and efficient operation of the water supply system, for a water supply sufficient to satisfy the public needs, and for water quality, by protecting the water supply and the public from polluting or unsanitary substances and conditions.
d. Wastewater Treatment: Service standards and specifications relevant to wastewater treatment shall pertain to, but shall not be limited to, the following: 1) discharge limitations, pretreatment requirements, wastewater lines and services; and 2) implementation of standards promulgated pursuant to the Federal Water Pollution Control Act amendments of 1972, PL 92-500, and subsequent amendments. In establishing the service standards and specifications, the Chief Executive Officer shall seek to assure safe, efficient operation of the wastewater system, that will limit wastewater discharges to the system in concentrations and quantities which will not harm either the wastewater system, wastewater treatment process or equipment, that will not have an adverse effect on the receiving water, or will not otherwise endanger persons or property or constitute a nuisance.
e. Computer Services: Reserved.
f. Telecommunications Activities: Reserved.
g. Nonregulated Products And Services: Reserved.
h. Underground Damage Prevention Safety Program: Underground damage prevention safety program rules and regulations necessary to operate and enforce the Underground Damage Prevention Safety Program detailed in City Code Chapter 12, Article 10, shall pertain to, but shall not be limited to, the following: 1) governing excavations near and around underground utility infrastructure; 2) protecting persons and underground utility infrastructure from non-emergency excavation work; and 3) damage reporting requirements.
2. Delegation Of Authority: The Chief Executive Officer by Utilities Enterprise Policies may delegate authority to staff reporting to the Chief Executive Officer to adopt service standards and specifications and rules and regulations for each respective department and other operational units.
3. Public Notice, Comment And Hearing:
a. Application: Except when public notice, comment, or hearing is otherwise required by law, this subsection B3 applies to the adoption of service standards and specifications.
b. List Of Interested Persons: The Chief Executive Officer shall maintain a list(s) of all persons who request notification of proposed adoption of service standards and specifications. A person may only request notification on his or her own behalf.
c. Preproposal: When promulgation of service standards and specifications or rules and regulations is contemplated, the Chief Executive Officer is encouraged, but not required, to provide an opportunity to interested persons to participate informally in conferences on proposals under consideration.
d. Notice: Notice of proposed adoption of service standards and specifications or rules and regulations proposed by the Chief Executive Officer shall be published in at least one newspaper of general circulation within the City at least fifteen (15) days and no more than thirty (30) days prior to the date set for final adoption of the proposed service standards and specifications. The notice shall include: 1) an explanation of the proposed service standards and specifications or rules and regulations; 2) the proposed adoption and effective dates; 3) a statement that a copy of the proposed service standards and specifications or rules and regulations, as applicable, are on file and open for public inspection in the Office of the Chief Executive Officer; 4) designation of the public comment period and the means to provide the comment; and 5) opportunity and manner to request a public hearing. If any material is to be incorporated by reference in the proposed service standards and specifications or rules and regulations, the material shall be identified in the notice by date, title and citation. On or before the day the notice of proposed adoption is published, the Chief Executive Officer shall mail the notice to all persons on the list.
e. Public Comment: The Chief Executive Officer must give full consideration to all comments received as provided in the notice.
f. Public Hearing: The Chief Executive Officer may grant a public hearing if requested by a member of the public if a significant controversy of public import has arisen regarding the proposed service standards and specifications or rules and regulations.
4. Adoption Of Proposed Service Standards And Specifications: The Chief Executive Officer or the Chief Executive Officer's designee shall adopt proposed service standards and specifications after a hearing or after conclusion of the public comment period. Adoption shall be by signature on the approved service standards and specifications of the Chief Executive Officer or the Chief Executive Officer's designee. If no hearing is held, the adopted service standards and specifications shall be similar in substance and form to the proposed service standards and specifications referenced in the public notice.
5. Open To Inspection: Upon adoption, the service standards and specifications shall be available for inspection at the Office of the Chief Executive Officer by any person at any time during regular business hours, and copies thereof may be purchased by any person upon payment of the cost of reproduction and postage.
C. Rulemaking Provisions: The rulemaking provisions of this section shall be prospective only. All previously existing Utilities Enterprise Policies and service standards and specifications shall remain in full force and effect until amended, withdrawn or adopted. (Ord. 98-173; Ord. 01-42; Ord. 18-42; Ord. 24-10)
A. The Utilities shall, to the maximum extent of its capabilities and consistent with its purposes, be the sole and exclusive provider of electric, natural gas, water and wastewater utility services within the corporate limits of the City.
1. Exceptions:
a. Strategic Exception: An exception to this section may be granted for a property if Utilities Board determines it is in the best interest of Utilities to grant such an exception.
b. Legal Exception: An exception to this section may be granted for a property if Utilities Board determines that providing one or more utility service(s) may result in (1) potential breach of contract; (2) violation of federal, state or local law by Utilities or the City; or (3) the provision of such service(s) is inconsistent with the terms of existing contracts or the federal, state or local law.
2. Criteria: An exception under subsection A1 may only be granted if:
a. The Chief Executive Officer recommends approval of the proposed exception based on the following evaluations demonstrating a net benefit to Utilities:
(1) Financial analysis of the proposed exception conducted by or under the direction of Utilities' staff.
(2) Risk analysis of the proposed exception conducted by or under the direction of Utilities' staff with support from the City Attorney's Office.
(3) Demonstration from the property owner that the property can receive or does not have a need for the excluded utility service(s) independent of Utilities.
b. Additionally for an exception granted under subsection A1a, the proposed exception must support one or more current Utilities Board directives or instructions.
3. Approval of an exception under this subsection shall be subject to the following conditions:
a. Notice of the exception will be recorded against the property in the real property records of the El Paso County, Colorado, Clerk and Recorder.
b. The property owner must enter into an agreement with Utilities that sets out the terms and conditions of the exception, including the following:
(1) Whether the property must connect to Utilities' system(s) and terminate service by the other utility service provider(s) if (i) Utilities determines that it is in the best interest of Utilities to serve the property; and (ii) Utilities has the ability to provide service to the property.
(2) Whether the property must design and install new utility infrastructure in accordance with the then-existing Utilities Rules and Regulations and Line Extension and Service Standards.
(3) If the property must connect to Utilities' system(s), whether the property must comply with all requirements of the Utilities Rules and Regulations and Line Extension and Service Standards to connect to Utilities' system(s), including payment of any applicable development charges before building permits may be issued or the applicable utility service may be provided to the property by Utilities.
c. Utilities may require an agreement with the other utility service provider(s) providing service to a property prior to granting an exception under this subsection.
B. Except as otherwise provided in this chapter, it shall be unlawful to furnish or offer to furnish to any property in the City any electrical, natural gas, water or wastewater service, or to accept the service from any entity other than the City.
C. Each day that any violation of these provisions continues shall constitute a separate offense.
D. Electric utility service may be provided within the corporate limits of the City:
1. By an owner or operator of solar generating equipment: a) that is located on the property of the consumer of the electric service, and b) that is sized to supply no more than one hundred twenty percent (120%) of the average annual electric consumption of the consumer at that site. The measurement of the average annual consumption of the consumer of electricity at the site of the solar generating equipment may include any electric consumption utilized in alternative fuel vehicle recharging at the time of the installation of the solar generating equipment.
2. By the seller of electricity for use as fuel in alternative fuel vehicles so long as the electricity was initially purchased from Utilities and the seller has given notice to Utilities of the resale. An "alternative fuel vehicle" for purposes of this subsection means any automobile, truck, motor bus, boat, airplane, train, tractor, or other type of motorized off highway equipment or other self-propelled device or vessel that is capable of moving itself or being moved from place to place utilizing electricity, or a combination of electricity and natural gas or other fossil fuel, as transportation fuel whether or not the vehicle is used in agricultural, commercial, domestic, or industrial operations.
E. Natural gas utility service may be provided within the corporate limits of the City by the seller of natural gas for use as fuel in alternative fuel vehicles so long as the natural gas was initially purchased from Utilities or transported by Utilities, and the seller has given notice to Utilities of the resale or transport activity. An "alternative fuel vehicle" for purposes of this subsection means any automobile, truck, motor bus, boat, airplane, train, tractor, or other type of motorized off highway equipment or other self-propelled device or vessel that is capable of moving itself or being moved from place to place utilizing natural gas, or a combination of natural gas and electricity or other fossil fuel, as transportation fuel whether or not the vehicle is used in agricultural, commercial, domestic, or industrial operations. (Ord. 98-173; Ord. 01-42; Ord. 12-26; Ord. 18-42; Ord. 24-26)
A. The City Council hereby finds, determines and declares that it is necessary and conducive to the protection of the public health, safety, welfare and convenience to impose and collect user charges for the use of the utility supply system.
B. The Chief Executive Officer shall make and enforce the rules and regulations as may be necessary for the regulation, collection, rebating and refunding of user charges for utility services and/or for Stormwater service fees collected by Utilities as provided by section 14.8.109 of this Code. (Ord. 98-173; Ord. 01-42; Ord. 18-42; Ord. 18-48; Ord. 19-80)
A. Unpaid Charges; Lien; Collection:
1. Until paid, all charges imposed by Utilities for water and wastewater utility services, including connection fees, shall constitute a perpetual lien on and against the property connected to or served by the water system and the wastewater treatment system, respectively, which may be recorded against the property at any time thereafter, and shall be chargeable against the owner of the property at the time of use of the service or the owner's successors in interest to the property. In the event that any charge imposed by this chapter shall not be paid when due, the Chief Executive Officer may issue a notice to the owner of the property or the user or both, setting forth the amount of the charge due and payable, identifying the property connected to the water or wastewater system for which the charge is delinquent and stating that the City, on behalf of Utilities, claims a perpetual lien on and against the property for the unpaid charge. The notice shall be verified by the Chief Executive Officer and filed with the Clerk and Recorder of the County in which the property is located. Until paid, the charge shall constitute a perpetual lien on and against the property served, and the lien may be foreclosed in the same manner as provided by the laws of the State of Colorado for the foreclosure of mechanic's liens.
2. In the event that any user charge imposed by this chapter for water or wastewater service shall not be paid when due, the Chief Executive Officer may issue a notice to the owner of the property or the user or both, setting forth the amount of the charge due and payable and identifying the property connected to or using the water or wastewater system for which the charge is delinquent. The notice shall be verified by the Chief Executive Officer and filed with the City Clerk. The City Clerk shall certify the charge to the County Treasurer to be placed upon the tax list for the current year and to be collected in the same manner as taxes with a ten percent (10%) penalty thereon to defray the costs of collection. All laws of the State of Colorado for the assessment and collection of general taxes and the redemption of same shall apply to the charges.
B. Remedies: The remedies of the City as set forth in this section shall be cumulative and not alternative and the Utilities or the City may pursue any remedy either singly or in combination as it may deem necessary and appropriate. (Ord. 98-173; Ord. 01-42; Ord. 18-42)
A. Unlawful Acts:
1. It shall be unlawful for any person to install a bypass for any utility service without the express written authorization of the Chief Executive Officer.
2. It shall be unlawful for any customer or the user at any premises knowingly to receive utility service by means of a bypass which has not been authorized in writing by the Chief Executive Officer.
3. It shall be unlawful for any person to tamper with a utility meter or other utility equipment without the express written authorization of the Chief Executive Officer.
4. It shall be unlawful for any customer or the user at any premises knowingly to receive utility service by means of tampering.
5. It shall be unlawful for any person to engage in unauthorized metering which has not been authorized in writing by the Chief Executive Officer.
6. It shall be unlawful for any customer or the user at any premises knowingly to receive utility service by means of unauthorized metering which has not been expressly authorized in writing by the Chief Executive Officer.
7. It shall be unlawful for any customer, person or user to intentionally distort the electric wave shape to cause the meter to register inaccurately.
B. Restitution: As a condition of granting probation, deferred prosecution, deferred sentence or suspended sentence, the court 1 may order any person who is charged with or found guilty of, as the case may be, violating any of the provisions of subsection A of this section to pay as restitution estimated or actual user charges for the period during which the violation existed, the cost of repairing or replacing any damaged utility equipment, and any other costs incurred by the City related to the violation including, but not limited to, costs of investigation, disconnection, reconnection and service calls.
C. Evidence Of Violations:
1. Proof of the existence of any bypass, tampering or unauthorized metering, as prohibited in this section, shall be deemed prima facie evidence that the user at the premises where bypass, tampering or unauthorized metering is proved to exist had knowledge of the bypass, tampering or unauthorized metering if it is proved that the user is an occupant of the premises and that the user had access to the meter or other utility equipment where the bypass, tampering or unauthorized metering is proved to exist.
2. Proof of the existence of any bypass, tampering or unauthorized metering, as prohibited by this section, shall be deemed prima facie evidence that the customer had knowledge of the bypass, tampering or unauthorized metering if it is proved that the customer controlled access to the utility meter or other utility equipment where the bypass, tampering or unauthorized metering is proved to exist.
D. Termination Of Service: A violation of any of the provisions of subsection A of this section constitutes a serious safety hazard. Any such violation is grounds for immediate disconnection of service without notice to the customer or user. Service will not be reconnected until all violations of this section have been remedied.
E. Violations And Charges:
1. In the event a violation of subsection A of this section occurs for one or more services on a customer's premises, the customer is subject to imposition of the following charges:
a. For a first violation, Utilities will notify the customer in writing of the violation and may add a charge of up to one hundred dollars ($100.00) to the customer's utility bill for the premises.
b. For a second violation, Utilities will notify the customer in writing of the violation and may add a charge of up to two hundred fifty dollars ($250.00) to the customer's utility bill for the premises.
c. For a third violation, Utilities will notify the customer in writing of the violation and may add a charge of up to five hundred dollars ($500.00) to the customer's utility bill for the premises.
d. For a fourth or any subsequent violation, Utilities will notify the customer in writing of the violation and may add a charge of up to one thousand dollars ($1,000.00) to the customer's utility bill for the premises.
e. Escalation of charges will follow Utilities' customer record history. Subsequent violations will accumulate over the life of the customer's service with Utilities and will follow the customer from one premises to another premises.
2. The notice of violation may be personally served upon the customer or served by posting the notice on the premises of the customer in a conspicuous place, by personal delivery or by U.S. mail, first class. If by mail, service shall be deemed complete upon mailing.
3. Any charges assessed pursuant to this subsection will be due prior to the restoration of services.
4. Charges assessed pursuant to this subsection are in addition to any fees or charges authorized by Utilities' tariff including, but not limited to, restitution, reconnection fees and charges incurred for utility services.
5. Utilities' Chief Executive Officer or the Officer's designee is authorized to enforce this section.
F. Dispute Resolution: Customer disputes with Utilities concerning subsection E of this section shall be resolved in accord with the dispute resolution procedures set forth in Utilities' tariffs. Requests for informal review or mediation must be received by Utilities within thirty (30) days from the date of the notice of violation.
G. Criminal Charges: In addition to the remedies described above, criminal charges may also be filed against any person who violates subsection A of this section. (Ord. 98-173; Ord. 01-42; Ord. 05-157; Ord. 18-42)
Notes
| 1 | 1. See chapter 11, "Municipal Court" of this Code. |
A. Legal Action:
1. Any use of or connection to the utility supply system in violation of any provision of this chapter, or any act or condition which damages, injures or threatens to damage or injure the utility system shall be considered a public nuisance and the City Attorney may commence an action for appropriate legal and/or equitable relief in the District Court in and for the County of El Paso or in any other appropriate court. In any such action the City may recover reasonable attorney fees, costs, court reporter fees and other expenses of litigation.
2. Any discharge in violation of the provisions of this chapter or an order of the Chief Executive Officer issued pursuant to this article or any discharge of wastewater, industrial wastes or other wastes into the wastewater treatment system contrary to the provisions of this chapter or any order of the Chief Executive Officer shall be considered a public nuisance and the City Attorney may commence an action for appropriate legal and/or equitable relief in conformance with the provisions of this subsection A.
B. Penalty: Any person who performs or fails to perform an act where the performance or failure to perform is declared in any provision of this chapter to be unlawful, shall be fined and/or imprisoned as provided in section 1.1.201 of this Code. A separate and distinct offense shall be deemed to have been committed for each day on which violation shall occur or continue.
C. Abatement Of Imminent Hazards:
1. Notwithstanding any other provisions of this chapter to the contrary, if the Chief Executive Officer certifies in writing that an imminent hazard exists, and which requires immediate action in order to protect the public health, safety and welfare, he/she may issue an order to the owner, agent of the owner, occupant of property upon which the imminent hazard exists, or entity causing the imminent hazard, stating that the imminent hazard exists and requiring that the actions as deemed necessary be taken in order to abate the imminent hazard. The order issued by the Chief Executive Officer shall, if appropriate, set forth the maximum time within which the owner, agent of the owner or occupant must abate the imminent hazard.
2. Whenever the Chief Executive Officer shall issue the imminent hazard order, the order shall: a) be in writing; b) be personally served whenever feasible on the owner, or agent of the owner, occupant of the premises, or entity causing the imminent hazard or, when the personal service is not feasible, either post it conspicuously at the premises or mail to the person by certified mail, return receipt requested, to his last known address; c) describe with reasonable particularity the condition existing on the premises which gives rise to the issuance of the imminent hazard order; d) specify, if applicable, the maximum time period within which the imminent hazard must be abated or otherwise corrected; e) state that an appeal is available provided the provisions of this section are followed; f) have a copy of this section attached; and g) state that, in the event the property owner, agent of the owner, occupant or entity causing the imminent hazard fails to comply with the imminent hazard order, the City or Utilities may take the steps as are necessary to correct the imminent hazard, bill the property owner or entity causing the imminent hazard therefor, and if unpaid, to initiate assessment proceedings against the property or entity causing the imminent hazard pursuant to the City's Zoning Code.
3. In the event the person to whom the imminent hazard order is issued fails or refuses to comply therewith, the Chief Executive Officer is hereby empowered to cause the imminent hazard to be summarily abated in such manner or methods as are necessary and appropriate under the circumstances of each given case.
4. In the event that the owner or agent of the owner shall fail within thirty (30) days after billing to pay the costs and expenses for the abatement of the imminent hazard, a lien may be assessed against the property upon which the imminent hazard exists for the costs of abatement in accord with chapter 2, article 6 of this Code. The lien created hereby shall be superior and prior to all other liens excepting liens for general and special taxes.
5. With respect to enforcing the imminent hazard order, the Chief Executive Officer or the Chief Executive Officer's designees, and their agents, may enter upon any premises or property for the purpose of inspecting, abating, repairing or removing or otherwise preventing the condition which is an imminent hazard to the public health, safety and welfare. In the event that the owner, agent of the owner or occupant of the premises subject to the imminent hazard refuses entry to the Chief Executive Officer or the Chief Executive Officer's designees or agents when entry is sought pursuant to this section, the Chief Executive Officer or the Chief Executive Officer's designees or agents may make application to any Judge of the Municipal Court of the City for the issuance of an inspection warrant. The application shall identify the premises upon which entry is sought and the purpose for which entry is desired, and shall state facts giving rise to the belief that a condition exists at the premises which is an imminent hazard to the public health, safety and welfare. Any warrant issued pursuant to the application shall command the owner, agent of the owner or occupant to permit inspection and entry by the Chief Executive Officer or the Chief Executive Officer's designees or agents for the purpose stated therein.
6. Any person aggrieved by the imminent hazard order of the Chief Executive Officer may appeal the order to a Hearing Officer appointed by the Chief Executive Officer, provided written application therefor upon the Chief Executive Officer is made within five (5) days of service of the imminent hazard order. In no event, however, shall the appeal of the imminent hazard order in any way stay or suspend the same. If a timely appeal is made, a hearing concerning the propriety of the order shall be granted to the owner or agent of the owner of the premises, or entity causing the imminent hazard, and, after notice thereof to the appellant, the hearing shall be held no more than thirty (30) days after the filing of the notice of appeal. At the hearing, the appellant and the City or Utilities may be represented by an attorney, may present evidence, and may cross examine witnesses. A verbatim transcript of the hearing shall be made. At the conclusion of the evidence, the Hearing Officer shall make written findings of fact, conclusions of law and orders regarding the imminent hazard order. The Hearing Officer may, at the conclusion of the hearing, take the matter under advisement and issue the written findings of fact, conclusions of law and orders within thirty (30) days. The decision of the Hearing Officer shall be based upon competent evidence.
7. The remedies provided in this section shall be cumulative and in addition to any other remedies which may be available to the Chief Executive Officer. Nothing contained herein shall be construed to preclude the Chief Executive Officer from seeking other remedies in addition to, or in lieu of, the remedies granted herein.
8. The phrase "imminent hazard" shall include, but not be limited to, a violation of any of the provisions of this chapter, or the existence of a public nuisance or any other condition or occurrence which is a menace to the public health, safety and welfare, and which interferes with, or arises out of, the provision of utility services pursuant to this chapter.
9. The decision or determination of the Hearing Officer shall in all cases be final and conclusive. A decision or determination of the Hearing Officer may only be reviewed by the District Court pursuant to CRCP 106(a)(4). There shall be no stay of execution of the Hearing Officer's decision pending decision by the District Court, except by court order. (Ord. 98-173; Ord. 01-42; Ord. 18-42; Ord. 24-10)
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