3.3.107: RESPONSIBILITY OF REAL PROPERTY OWNERS:

   A.   Notice Of Damage To A Public Curb Or Curb And Gutter: It is the responsibility of every owner and occupant of real property within the City to notify the City Engineer of any damage to a public curb or curb and gutter which abuts or is adjacent to that owner's real property, or public curb or curb and gutter located upon the owner's or occupant's real property subject to a public easement or right of way.

   B.   Notice Of Damage To A Public Curb Or Curb And Gutter; Individual's Or Entity's Fault: It is the responsibility of any individual or entity to notify the City Engineer of any damage to a public curb or curb and gutter which occurs or may occur as a result of that individual's or entity's action or inaction.

   C.   Civil Liability: The owner or occupant of the real property or both and an individual or entity whose action or inaction results in damage to a public curb or curb and gutter, or both, shall be primarily liable in tort for any injury proximately caused by failure to comply with this section.

   D.   Removal; Replacement; Reconstruction: Upon any development, substantial redevelopment or platting/replatting of property, any existing curb or curb and gutter that, as determined by the City Engineer: 1) poses a public safety concern; or 2) does not function as intended or meet current City standards; or 3) exhibits excessive deterioration, shall be removed and replaced or reconstructed at the owner's or developer's expense. (Ord. 91-11; Ord. 01-42; Ord. 05-57)

3.3.108: NOTICE TO REPAIR OR RECONSTRUCT; PROCEDURE:

   A.   The City Engineer may find and determine that an individual, party or entity other than the owner or occupant of the abutting or adjacent real property, or owner or occupant of real property subject to a public easement or right of way, is responsible for causing the need for repairs or reconstruction of a public curb or curb and gutter. If this determination is made the responsible individual or entity shall be required to comply with this section as if the responsible individual or entity were the owner or occupant of the abutting or adjacent real property, or owner or occupant of real property subject to a public easement or right of way, except any assessment of costs shall be made against the responsible individual or entity, any lien against property may be placed on any property within the state of Colorado owned by the responsible individual or entity, and the City Attorney shall be authorized to pursue all available remedies for the recovery of repair or replacement costs in the Colorado courts. Any lien or assessment against property pursuant to this section shall be a priority lien.

   B.   The City Engineer may find and determine that the owner or occupant of the abutting or adjacent real property, or owner or occupant of real property subject to a public easement or right of way, is responsible for causing the need for repairs or reconstruction of a public curb or curb and gutter. If this determination is made, the City Engineer may cause notice of the need for repairs or reconstruction of any public curb or curb and gutter to be served upon the owner or occupant of the real property upon which the public curb or curb and gutter abuts or to which the real property is adjacent, or the owner or occupant or real property subject to a public easement or right of way. The notice shall be in writing and may be addressed to the owner at the address of the property.

   C.   If repairs or reconstruction are not made within thirty (30) days after the mailing or delivery of the notice to the appropriate party, the City may cause the repairs or reconstruction to be made and bill the cost of the repairs or reconstruction to the abutting or adjacent real property owner or the owner of the real property subject to a public easement or right of way. If the owner fails to pay the costs and charges within thirty (30) days after billing is made, the same shall be assessed to the abutting or adjacent real property or to the real property subject to the public easement or right of way in the manner and with the effect provided in chapter 2, article 6, "Taxation–Special Assessments", of the City Code. If the need for repairs or reconstruction of the public curb or curb and gutter poses a dangerous condition as determined by the City Engineer and Risk Manager, the City, without notification to the property owner or occupant, may take any action it deems necessary including the billing and assessment of any costs involved in accord with this section. Any lien or assessment against property pursuant to this section shall be a priority lien. (Ord. 91-11; Ord. 01-42; Ord. 05-57)

3.3.109: GRADING PLANS; DRAINAGE FACILITIES; ARTERIAL BRIDGES:

Grading plans, public drainage facilities and arterial roadway bridges shall be designed and constructed in accord with the "Public Works Design Manual", the "Subdivision Policy Manual" and the Subdivision Standards of the UDC and the related construction plans shall be submitted to the City Engineer for review and acceptance. (Ord. 01-42; Ord. 23-17 1 )

 

Notes

1	1. June 5, 2023 is the effective date of Ordinance 23-17.

3.3.110: SUBSURFACE WATER:

Subsurface water shall not be discharged onto the surface of any public street, sidewalk or right of way. The property owner shall be responsible for conveying the subsurface water to a safe discharge point upon the public street or right of way as designated in writing by the City Engineer. It shall be unlawful to discharge subsurface water through the street curb head, under or over the public sidewalk without the written permission of the City Engineer. (Ord. 01-42)

3.3.111: PENALTY:

The remedies provided in this part are cumulative and the fact that a billing or assessment has been made shall not prevent the owner or occupant from being prosecuted for a violation of the ordinances of the City. In the event of conviction, a penalty provided by chapter 1 of this Code may be imposed upon any person found guilty of violating the provisions of this part the same as if the billing or assessment had not been made or paid. (Ord. 91-11; Ord. 01-42)

PART 2 EXCAVATIONS

SECTION:

3.3.201: Definitions

3.3.202: Excavation License Required

3.3.203: Application For License; Fees; Term; Bond And Insurance Requirements; Suspension Or Revocation

3.3.204: Permit Required; Inspections; Fees

3.3.205: City Responsibilities

3.3.206: City Departments To Procure Permits

3.3.207: Protection Of Adjoining Property

3.3.208: Care Of Excavated Materials; Cleanup

3.3.209: Protection Of Watercourses And Vital Structures

3.3.210: Breaking Through Pavement

3.3.211: Work Procedures And Operations

3.3.212: Depth Of Structures

3.3.213: Backfilling Requirements

3.3.214: Restoration Of Surface

3.3.215: Rerouting Of Traffic

3.3.216: Relocation And Protection Of Utilities

3.3.217: Prompt Completion Of Work

3.3.218: Preservation Of Monuments

3.3.219: Additional Specifications

3.3.201: DEFINITIONS:

EXCAVATION: Any opening in the surface of a public place made in any manner, except an opening into a lawful substructure below the surface of a public place, the top of which is flush with the adjoining surface and constructed to permit frequent openings without injury or damage to the public place.

EXCAVATOR: One holding a license and permit under this part, and those departments of the City doing excavations under this part, or an agent, employee or contractor working for, or under, one holding a license and/or permit.

FACILITY: Includes, but is not limited to, pipe, pipeline, tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, poleline, anchor, cable, junction box, transformer or any other material, structure or object of any kind or character which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any public place or right of way.

PUBLIC PLACE: Any public right of way, utility easement, drainage structure, street, way, place, alley, sidewalk, park, square, plaza or any other similar public property owned or controlled by the City or Utilities and dedicated to public use, including the location of any electric or gas service line whether on public or private property. This shall include dedicated but not improved streets in new subdivisions.

SUBSTRUCTURE: Any pipe, conduit, duct, tunnel, manhole, traffic detector loop, vault, buried cable or wire or any other similar structure located on or below the surface of any public place.

UTILITY: Any public or private business or service, regularly engaged in supplying the public with some commodity or service which is of public consequence and need, such as electricity, gas, water, transportation or communication service including telephone, telegraph and cable television. (1968 Code §10-108; Ord. 74-56; Ord. 85-214; Ord. 98-185; Ord. 01-42)

3.3.202: EXCAVATION LICENSE REQUIRED:

No person shall make any excavation or fill any excavation in any public place without first obtaining a license and permit for the excavation except as otherwise provided in this article. No license or permit to make an excavation or fill an excavation in a public place shall be issued except as provided in this part.

This section shall not be construed to prevent emergency excavations necessary for the preservation of life or property or for the location of a hazardous condition in a facility, or for emergency repairs, provided that the person excavating applies for a permit on the first day after the work is commenced. Further, the City shall be exempt from the requirements of this section. (1968 Code §10-104; Ord. 74-56; Ord. 85-214; Ord. 98-185; Ord. 01-42)