Loading...
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)
A. Special Contract Service: Utilities may provide by special contract for the use of or connection to the utility supply system by institutions, plants, districts, governments, Municipal corporations or other similar users.
B. Water and Wastewater Service Without Annexation:
1. Policy: The City's policy regarding Utilities providing water and wastewater service for land outside the City's corporate limits is as follows:
a. The funds collected from development charges, fees, the sale of water, and wastewater treatment charges are necessary to pay for the acquisition, development, construction and maintenance of the water resources, water infrastructure, and wastewater infrastructure needed to provide water and wastewater service.
b. The City shall consider the future water and wastewater needs of areas outside the corporate limits of the City and the population growth of the Pikes Peak urban area. However, in considering the future water and wastewater needs of areas outside the City, consideration shall be given first to current water and wastewater systems users within the corporate limits of the City. Water needs shall be considered in accordance with section 12.4.305.
c. There is no obligation imposed by general law upon the City to permit any of the City's water to be used outside its boundaries.
d. Persons inside City limits have made significant investments in both the water and wastewater systems. Persons outside the City limits who desire water or wastewater services should be required to pay an amount that reflects their pro rata demand on existing and planned infrastructure and resources as well as pay additional fees for such services in recognition of investments made to both systems by persons inside City limits.
e. Water and wastewater services provided outside City limits must not have an adverse impact on the City and its facilities, public and private.
f. There is a need to ensure that land use and development outside of the corporate limits of the City is compatible with land use within the City and will not have an adverse impact on the City and its facilities, public and private. The extension or provision of water or wastewater, or both, is a method of fostering compatible land use and development inside and outside the City limits, and should be handled in a manner which will ensure sound land use relationships and promote orderly development.
2. Rights of the City:
a. This subsection B shall not be construed to create any rights or cause of action in any person or land, whether or not the same is eligible for annexation, to demand or receive water or wastewater or other municipal service. The City has never previously and does not now assert exclusive control over the right to serve areas outside the corporate limits of the City with water and wastewater. Areas and activities outside the corporate limits of the City are free to obtain water and wastewater services from any other sources.
b. City Council's decision whether to authorize the extension of water or wastewater or both services outside the City boundaries shall be considered a matter of legislative discretion and not subject to judicial review. Neither shall such decision constitute a precedent controlling other pending or future applications for extraterritorial service.
c. The right of the City Council to restrict and regulate the use of City water within or outside the City limits shall not be abridged by anything contained in this section. Nothing in this section shall be construed to confer upon undeveloped land within the City limits, as such City limits exist at the time of adoption of this section or as such City limits may be hereafter altered by annexation or disconnection, any right to the reservation of existing water rights or quantities of water for the sole and exclusive use of such land.
3. Availability:
a. The City Council may use its legislative discretion to authorize water or wastewater services outside the City for:
(1) Properties that are or are likely to become legally eligible for annexation under section 30 of article II of the Colorado Constitution and the Municipal Annexation Act of 1965, as amended, Colorado Revised Statutes sections 31-12-101 et seq., or any successor provisions, but for which City Council has determined that annexation is not in the best interest of the citizens of the City at the time the property owners petition the City for annexation;
(2) Properties that are or are likely to become legally eligible for annexation under section 30 of article II of the Colorado Constitution and the Municipal Annexation Act of 1965, as amended, Colorado Revised Statutes sections 31-12-101 et seq., or any successor provisions, but the property owners are unwilling or unable to petition the City for annexation; or
(3) Special contract service, which is available to serve institutions, organized special districts, governments, municipal corporations, or other similar users which are located outside the corporate limits of the City. Special contract service is governed by sections 12.1.116A, 12.4.304 and 12.5.304 of this Code and not the provisions of this subsection 12.1.116B.
b. Agreement to Annex for City Services:
(1) As a condition precedent to the supplying of City water or wastewater services, or both, to land outside the limits of the City in accord with subsections 3.a(1) and (2) above, the City shall require an agreement executed by fee owners of the real property contracting for the services. This agreement shall provide:
(a) That the owners shall petition for and consent to the annexation of the area to be supplied with City water and wastewater services to the City at such future date as the area supplied, or any portion thereof, becomes both eligible for annexation pursuant to section 30 of article II of the Colorado Constitution and the Municipal Annexation Act of 1965, as amended, Colorado Revised Statutes sections 31-12-101 et seq., or any successor provision, and the City Council determines that annexation is appropriate.
(b) Any new development or redevelopment of the land to which the water and wastewater services are to be provided is in conformance with those provisions of this Code as are applicable to land development within the corporate limits of the City, or adequate assurances are made that development of the land will be in compliance with the Code. Assurances of conformance may be in the form of cash deposit, corporate surety bond, letter of credit or other assurance that the City Attorney shall approve as to form and the City Engineer shall approve as to amount. Compliance with City Codes pertaining to land development may require, but shall not be limited to:
(i) The property will comply with all applicable requirements of Chapter 12 of this Code and Utilities policy, standards, and requirements of this Code.
(ii) Provisions for required park sites or fees in lieu thereof to the applicable jurisdictions in accordance with section 7.4.307 of this Code.
(iii) Provision for required school sites or fees in lieu thereof to the applicable jurisdictions in accordance with section 7.4.308 of this Code.
(iv) Dedication, design and construction of required streets, sidewalks, curbs, gutters, trail connections, transit infrastructure, and utilities, including telephone, to City standards or to the standards of the entity having responsibility for maintenance of those listed improvements, whichever standard is stricter.
(v) Dedication of easements including, but not limited to, utility easements and telephone and drainage easements as required by section 7.4.302.H of this Code.
(vi) Provision for necessary drainage facilities or the payment of drainage fees and arterial roadway bridge fees in accordance with section 7.4.701 et seq. and section 7.4.702 et seq. of this Code.
(c) It is recognized that a court determination may be required in order to satisfy the provisions of this part.
(d) Any agreement in accordance with this subsection shall be reported to the City Council at the next available regular meeting of City Council following its execution. Such agreement shall be recorded and shall run with the land and be binding on the heirs, assigns, and successors in interest of the signers.
c. Service Pending Annexation:
(1) The City Council may approve the delivery of water or wastewater service, or both, pending completion of annexation if:
(a) The pending petition for annexation meets all of the criteria for annexation as defined in Code section 7.5.701 and under the provisions of section 30 of article II of the Colorado Constitution, and has City Council support for annexation; and
(b) A petition for annexation has been filed before a permit or permits for such water or wastewater service shall be issued or any work shall commence to extend such water or wastewater service beyond the then-existing City limits; and
(c) Delaying the start of service until annexation would cause unnecessary delay to the annexor in commencing work on the proposed development, or
(d) Delaying the start of service until annexation would impose an unnecessary hardship upon the annexor, without any compensating advantage or benefit to the City or its citizens.
(2) The City Council hereby declares that its discretion to determine the existence or nonexistence of good cause to approve the delivery of water or wastewater service, or both, before the completion of annexation is a legislative act and is not subject to judicial review.
(3) Once filed, the annexation petition shall not be withdrawn except with express permission of the City Council and shall be pursued by the annexor and affected City departments to a speedy conclusion. Authorization for water or wastewater extension beyond the City limits may be withdrawn by City Council without notice to the annexor at any time prior to any substantial change of position (defined as a significant expenditure of time or money) by annexor in reliance on such authorization.
4. Evaluating Requests for Water and Wastewater Service Without Annexation:
a. In determining whether to extend water or wastewater service without annexation, the City Council shall consider, among other factors, the following:
(1) For water service, whether the proposed extension of water service satisfies the requirements of section 12.4.305 of this Code.
(2) For wastewater service, whether the existing and projected wastewater facilities of the City are expected to be sufficient for the present and projected needs for the foreseeable future to serve all present and projects users whether within and outside the corporate limits of the City.
(3) The proposed use of the land to be served is compatible with the use of adjacent land areas and, to the extent acceptable to and approved by City Council, is in conformance with the plan of the Pikes Peak Area Council of Governments. Such proposed land use shall be submitted to the government entity having land use planning jurisdiction thereover for comment at least thirty (30) days before final action by City Council on the request for services.
(4) Water and wastewater development charges and other applicable utility fees will be paid, and the owner of the land to be served has agreed to abide by all conditions and terms of Utilities' tariffs, water and wastewater extension policies, water efficiency plans, and conservation standards, as are applicable to in-City Utilities' customers.
5. Additional Requirements:
a. All areas receiving water service without annexation pursuant to this section must be included in the Southeastern Colorado Water Conservancy District boundaries at the time service is approved.
b. Any request for a change of use of previously granted municipal utility services shall be considered and administered as a new application for such service and shall be subject to all of the provisions and requirements as set forth in this section.
6. Fees: All required fees shall be paid in advance of the issuance of permit(s) for the requested service(s) and no fee or portion thereof shall be refunded.
7. Limitation:
a. Except for special contract service, in no event shall utility service be extended to property outside of the City pursuant to this subsection if annexation subsequent to the extension of utilities cannot be assured under the provisions of section 30 of article II of the Colorado Constitution.
b. Failure to comply with the terms of the Agreement to Annex may result in the termination of the service(s) provided under this section. (Ord. 98-173; Ord. 01-42; Ord. 18-42; Ord. 24-25)
The Chief Executive Officer, without prior notice to affected customers, is authorized to 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 the utility services for operational or safety reasons. The Chief Executive Officer's authority under this section may be delegated by Utilities Enterprise Policy. (Ord. 98-173; Ord. 01-42; Ord. 18-42)
A. The space below the surface, upon the surface, and above the surface of public property primarily used by Utilities, including watershed areas, may be used and occupied for any purpose not inconsistent with this chapter, other provisions of this Code, regulations established by the Utilities Chief Executive Officer, or other laws and ordinances regulating the use and occupancy of the public property; provided, however, it shall be unlawful for any person to use or occupy the space, whether below, upon or above the surface of the public property, or to construct any device or structure thereupon as hereinafter set forth except by and under the authority of a revocable permit granted and issued by the Utilities Chief Executive Officer.
B. The Utilities Chief Executive Officer, pursuant to section 12.1.107 of this article, shall have the authority to establish regulations governing the issuance or denial of the permits, insurance requirements, fees, and permit terms and conditions necessary to protect the public health, safety and welfare, and the safety and welfare of Utilities operations, equipment and facilities. (Ord. 01-42; Ord. 18-42)
A. Upon application by Utilities, City Council by ordinance may establish service territories, regarding the provision of water and wastewater services, exclusive to Utilities outside the City limits in areas which have been provided water or wastewater services on or before June 15, 1999. Water and wastewater services may include water supply and other necessary collection, treatment, transmission, distribution and operational services.
B. In determining whether Utilities should be the exclusive service provider for water and/or wastewater services within an area outside the City limits, City Council shall review information such as the description of the area to be served, the extent of service provided (if any), feasibility information, proposed tariffs, the effect of the proposed service upon Municipal customers and the public benefits to be provided by such service.
C. City Council shall establish such exclusive service territories if it determines that such service territories are reasonable and appropriate in light of all circumstances.
D. The description of any exclusive service territories established by City Council shall be included in tariffs. (Ord. 02-175; Ord. 18-42)
Loading...