CHAPTER 13
Municipal Utilities
Article I General Regulations
Sec.
Sec.
Article II Water System
Sec.
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Sec. 13-2-100 Water rates
Sec. 13-2-110 Water bills; payment, penalty
Sec. 13-2-120 Delinquent rent must be paid
Sec. 13-2-130 Deposits
Sec. 13-2-140 Water tapping charge and development fund
Sec. 13-2-150 Service line regulations
Sec. 13-2-160 Miscellaneous regulations
Sec. 13-2-170 Consent to use water
Sec. 13-2-180 Tampering with water system prohibited
Article III Sewer System
Sec.
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Sec. 13-3-100 Interference with Town employee prohibited
Sec. 13-3-110 Deposit of unsanitary waste prohibited
Sec. 13-3-120 Deposit of untreated industrial waste into natural outlet prohibited
Sec. 13-3-130 Tampering with sewers prohibited
Sec. 13-3-140 Rates and charges
Sec. 13-3-150 Billing payment
Sec. 13-3-160 Lien on property
Sec. 13-3-170 Hardship clause
Article IV
Reserved
Article V
Water Activity
Sec.
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Article VI
Water and Sewer Specifications
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ARTICLE I
General Regulations
Sec.
(a) It is unlawful for any person to attach, affix, place, install, maintain or permit, or suffer to be attached, affixed, placed, installed or maintained, any telegraph, radio, wireless telephone or wireless telegraph apparatus, or any other metal, wood or other substance, to, upon or over any telephone, telegraph, electric light, electric railway or power wires, poles or attachments belonging to another person without written consent of such person.
(b) Any person violating any of the provisions of this Section shall, upon conviction, be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00); and each day's violation hereof shall constitute a separate offense. (Prior code 10-8.1, 10-8.2)
Sec.
(a)
Required. For all new
subdivision development and construction for which utilities are installed on or
after
(b)
Variances. In the event of
severe hardship an applicant may apply to the Board of Trustees for a variance
to this Section. The matter will be set for a public
hearing and notice of the hearing shall be sent by first class
ARTICLE II
Water System
Sec.
There is hereby created and established a Water Department of the Town for the purpose of the management, maintenance, care and operation of the water system of the Town. The Water Department shall consist of those persons who are from time to time designated by the Board of Trustees as the Board's agents for the management, maintenance, care and operation of the water system. (Prior code 10-2.1)
Sec.
The Water Department shall have the powers and duties pertaining to the immediate control and management of all things pertaining to the Town water system as are from time to time prescribed by the Board of Trustees, and it shall perform all acts that may be necessary for the prudent, efficient and economical management and protection of the water system, subject to the approval and confirmation of the Board. (Prior code 10-2.2)
Sec.
The Town Clerk shall keep a correct account of all receipts, make out all bills for water rents and materials furnished to consumers, collect the same, and deposit the proceeds so collected with a depository named by the Board of Trustees to the credit of the Water System Fund of the Town, and in accordance with the directions of the Board. (Prior code 10-2.3)
Sec.
Whenever in the judgment of the Board of Trustees it
deems it necessary, it may inspect the premises or buildings of any water
consumer for the purpose of examining the condition of all pipes, motors, meters
and water fixtures, or the manner in which the water is used. It shall be vigilant to protect and
remedy all abuses, whether from waste or other improper use of water. (Prior code 10-2.4)
Sec.
Application for the use of water shall be made to the
Town Clerk by the owner or agent of the property to be benefited, designating
the location of the property and stating the purpose for which the water may be
required. (Prior code
10-2.5)
Sec.
No service tap shall be more than three-fourths (¾) inch
in diameter within the corporate limits; provided that the Board of Trustees may
grant special permission for larger taps and taps outside the corporate limits
where the water supply and service facilities are sufficient to permit such
taps. Where a larger tap is
permitted, the Board of Trustees shall fix the tapping charge. (Prior code 10-2.6)
Sec.
All water sold by the Town shall be metered by meters,
which shall be installed in accordance with the Town's Water System
Specifications, as the same may be amended from time to time. (Prior code 10-2.7; Ord. 06-01
§1)
Sec.
Consumers shall prevent unnecessary waste of water and
keep all water outlets closed when not in actual use. Hydrants, urinals, water closets, bath
tubs and other fixtures must not be left running for any purpose other than the
use for which they were intended.
The water supply of a consumer violating this Section may be turned off
where any such waste occurs. (Prior
code 10-2.8)
Sec.
During all fire alarms the use of hose and all outlets
where a constant flow of water is maintained is positively forbidden. (Prior code 10-2.9)
Sec. 13-2-100.
Water rates.
(a)
The Town shall, from time to time, establish rate schedules by resolution
for regular water usage. The rate
schedule established by the Town shall establish rates for the following
categories:
(1)
Water sold by the Town to users residing in the corporate limits thereof
for three-fourths-inch or smaller taps.
(2)
Water sold by the Town to users not residing within the corporate limits
thereof for three-fourths-inch or smaller taps.
(3)
Water sold by the Town to users within or without the corporate limits
thereof for taps larger than three-fourths (¾) inch.
(b)
Bulk water haulers shall pay on a monthly basis an amount determined from
time to time by the Board of Trustees by resolution. (Prior code 10-2.10; Ord. 02-12 §1; Res.
02RO7 §1; Ord. 03-05 §1; Ord. 05-01 §1)
Sec. 13-2-110.
Water bills; payment, penalty.
Water meters shall be read on the fifteenth day of each
month, as nearly as possible, and bills shall be mailed on the first day of each
succeeding month. All water bills
shall be due on or before the fifteenth day of the month following the reading
of the meter. If the bill is not
paid in full by the twentieth a
penalty of five percent (5%) of
the total amount due, excluding any previous penalties, shall be added thereto
and paid by the water user. (Prior
code 10-2.11; Ord. 00-01 §1)
Sec. 13-2-120.
Delinquent rent must be paid.
(a)
A delinquent account is
defined as a water bill that remains unpaid after the fifteenth day of the month
following the reading of the meter.
Whenever a bill for water services remains unpaid for more than five (5)
days adjusted each month to fall within the present billing month following the
fifteenth day of the month following the reading of the meter, the Town Clerk
shall send a notice to the consumer advising him or her that unless the
delinquent water bill is paid within ten (10) days of the mailing of the notice,
his or her water service will be terminated and informing him or her that the
Town shall collect interest on the unpaid balance at a rate of one percent (1%)
per month. The notice shall also
advise the consumer that he or she has a right to a hearing, before the Board of
Trustees, prior to termination of water service; at which hearing the sole issue
shall be whether or not the water charges are due and payable and whether or not
said charges have been paid.
(b)
All water rents shall be charged against the person in actual use and
occupancy of each served premises and shall be payable by said person; provided,
however, that all notices required to be sent by this Section to water consumers
prior to water shutoff for delinquency shall also be sent to the owner of record
of the subject property; and provided that the owner of the subject property
shall be responsible for the payment of delinquent charges and any interest
accrued thereon in the event that the Town is unable, after making a reasonable
effort, to obtain payment of said charges from the person in actual use and
occupancy of the served premises.
Provisions for the initiation and termination of water service to lessee
and occupant water consumers shall be, from time to time, established by the
Board of Trustees.
(c)
Whether after a hearing before the Board of Trustees or otherwise, the
water shall not be turned on again until all delinquent water rents have been
paid.
(d)
If the actual user is notified of the fact that the water supply is to be
disconnected because of a delinquent account, regardless of whether the
delinquency is cured before the water supply is physically disconnected by the
Town, the following charge shall be imposed against the account:
(1)
Twenty-five dollars ($25.00) for the first notification in any calendar
year;
(2)
Fifty dollars ($50.00) for the second notification in any calendar
year.
(3)
Seventy-five dollars ($75.00) for the third notification in any calendar
year; and
(4)
One hundred dollars ($100.00) for every notification after the third
notification in a calendar year.
Following payment of the delinquency charges set forth
above, the water user may apply to the Board of Trustees for a waiver and refund
of the delinquency charges upon a showing of extenuating circumstances. The Board of Trustees shall consider any
such request and determine whether, at the Board of Trustees' sole discretion,
such extenuating circumstances exist allowing for a waiver of the charges
described herein. (Ord. 04-12
§1)
(e)
Said deposit shall be required to secure the payment of water rents and
shall be paid by each and every new registrant or water consumer in whose name a
water account is opened or established.
(f) Each water charge
levied shall be a lien therewith, and if the same is not paid within sixty (60)
days after it becomes due and payable, in addition to the Town's right to impose
charges on delinquent accounts as described in Subsection (d) above and in
addition to the Town's right to terminate water service and collect interest as
described in Subsection (a) above, the Town shall have the right to record such
lien against the real property in the files of the County Clerk and Recorder,
with a ten-percent penalty thereon to defray the cost of collection and with the
cost of recording to be paid by the property owner as part of the total amount
due. (Prior code 10-2.12; Ord.
01-20; Ord. 05-05 §3)
Sec. 13-2-130.
Deposits.
(a)
The deposit shall be in the amount of twenty-five dollars ($25.00) for
each transfer where there is a change in ownership of the property served; and
in the amount of twenty-five dollars ($25.00) where the transfer or new account
is opened in the name of a lessee or occupant.
(b)
When the owner of a residence moves to another residence within the Town,
if his or her water payments are paid to date and if he or she has established a
satisfactory record of payments he or she need not forfeit his or her deposit,
but may transfer that deposit to this new residence.
(c)
Said deposits shall be receipted for and held in accordance with the laws
of the State, now in force and hereafter enacted.
(d)
Said deposit monies shall be applied to delinquent water accounts after
water service is shut off in accordance with the provisions of Section
13-2-120. Prior to resumption of
water service after a shut-off, said deposit must be reinstated by the water
consumer in addition to any payments required to be made under Section
13-2-120. (Prior code
10-2.13)
Sec. 13-2-140.
Water tapping charge and development fund.
(a)
Single-family residential water tapping charge. Upon application for a new water tap
within the Town limits, the applicant shall pay to the Town Clerk an amount
determined from time to time by the Board of Trustees by resolution. Such amount for a new water tap shall
include a portion of such tap that shall be reserved for the development
fund. All residential users must
purchase one (1) tap per dwelling unit.
(b)
Multi-family residential water tapping charge. Upon application for a new water tap
within the Town limits, the applicant shall pay to the Town Clerk an amount
determined from time to time by the Board of Trustees by resolution. All multi-family units must purchase one
(1) tap per dwelling unit as stated above.
Such amount for a new water tap shall include a portion of such tap that
shall be reserved for the development fund. Each separate building will be served by
one (1) water meter, with the size of the meter to be determined by the Building
Inspector; said size of meter shall be based on construction plans submitted to
the Building Inspector by the applicant.
The size of the meter shall be determined based upon the guidelines
contained in the Uniform Plumbing Code, and following consultation with the
Public Works Department.
(c)
Commercial water tapping charge.
Upon application for a new water tap for commercial and other
nonresidential uses within the Town limits, the applicant shall pay to the Town
Clerk an amount determined from time to time by the Board of Trustees by
resolution. The Town shall
establish rates for the following categories:
(1)
¾-inch diameter tap;
(2) 1-inch diameter
tap;
(3) 1½-inch diameter
tap;
(4) 2-inch diameter
tap;
(5) 3-inch diameter tap;
and
(6) Larger than 3-inch diameter
tap.
Such amount for a new water tap shall include a portion of
such tap that shall be reserved for the development fund.
(d)
Tap installation costs. All
taps shall be installed at the applicant's expense by either the Town or other
person authorized by the Town. The
quality of all work not performed by the Town is subject to the Town's
inspection and approval. All
necessary trenching and backfilling shall be at the expense of the applicant and
under the supervision of the Town.
The applicant shall pay for all appurtenances including but not limited
to tapping saddle, corporation stop, copper service line, meter, meter pit and
cover and curb box. The applicant must select and use
materials approved by the Town. The
Town shall furnish the applicant an approved list of materials and
supplies. The Town owns and
maintains the service line from the main to curb box of the premises
served.
(e)
Tap charges outside the corporate limits. Water taps sold outside the corporate
limits will be double the charge for in-Town tap charges. (Prior code 10-2.14; Ord. 00-23 §1; Ord 04-14 §1)
Sec. 13-2-150.
Service line regulations.
No more than one (1) building shall be permitted to use a
water service line. All water lines
(mains and service lines) installed from and after the effective date of the ordinance codified herein shall be
installed in accordance with the Town's Water System Specifications, as
the same may be amended from time to time.
(Prior code 10-2.15; Ord. 06-01 §2)
Sec. 13-2-160.
Miscellaneous regulations.
(a)
All regulations contained in this Article shall be considered a part of
the contract of every person taking water from the water system of the Town, and
every person taking water shall be considered as having expressly consented to
be bound thereby.
(b)
Any person who desires to discontinue the use of water shall file a
written notice with the Town Clerk and pay all current and back charges for
water used.
(c)
Two (2) or more premises cannot be supplied from one (1) and the same
connection unless provided with separate shut-off cocks located at the public
street right-of-way line.
(d)
No occupant or owner or other water consumer on served premises will be
allowed to supply water to other persons, premises or families, by trailer or
otherwise, without the express authorization of the Board of
Trustees.
(e)
In case of water shortage or scarcity, the Board of Trustees may by
resolution place any restrictions which it deems necessary upon the use of water
for irrigation or sprinkling purpose.
(f) Use of water outside
the corporate limits of the Town shall be subject to the paramount rights of
users within the corporate limits, and in case there shall be insufficient water
to provide for users both within and without the corporate limits, the Board of
Trustees may reduce, curtail or shut off the users outside the corporate limits
during such period of water shortage or scarcity.
(g)
The Board of Trustees shall have the power to make and enforce such other
regulations pertaining to the use of the water system of the Town as it may from
time to time deem advisable.
(h)
The property owner acknowledges financial responsibility for any water
main, water line, water meter, meter pit, curb stop or other devices providing
delivery of water to the property.
(i) Development fund, as used in this Article, means that fund reserved for
capital improvements or emergencies related to the Town water and/or sewer
systems. The fund is also sometimes
referred to as a development fee or a plant improvement fee.
(j) Construction of water
mains. Any user of the water
system, either inside or outside of the corporate limits, must build his or her
own water line if there is no line available for him or her to connect
with. All connections to the Town's
water system must be made in accordance with the Town's Water System
Specifications, as the same may be amended from time to time. (Prior code 10-2.16; Ord. 06-01
§3)
Sec. 13-2-170.
Consent to use water.
(a)
Rights. The welfare of the
inhabitants and electors of the Town requires that the Town incorporate all
water in the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying
the land within the boundaries of the Town, as of January 1, 1985, into its
actual municipal service plan and obtain the deemed consent of the owners of all
of such land to withdraw and use said water.
(b)
Purposes. The groundwater in
the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying all of
the lands within the boundaries of the Town is, except as limited pursuant to
the provisions of Section 37-90-137(8)(b)—(f), C.R.S., hereby incorporated in
the Town's plan for municipal water service. Said groundwater may be used for all
municipal purposes, for augmentation and the replacement of depletions to
tributary sources resulting from the use of alluvial groundwater, or in any
combination of the foregoing ways.
It may be used, reused and successively used directly or by exchange
until fully consumed.
(c)
Intention to use. The Town
hereby states its intent to avail itself of the right set forth in Section
37-82-106, C.R.S., to use, reuse and successively use to extinction or, in the
alternative, to sell, convey or otherwise transfer its right to use, reuse and
successively use to extinction, all foreign, nontributary or other developed
water, including without limitation, water from the Dawson, Denver, Arapahoe and
Laramie-Fox Hills aquifers, to the maximum extent permitted by law. Failure by the Town to exercise said
rights at any given time shall not be considered an expression of intent by the
Town to release said water from the dominion of the Town.
(d)
Water extension plan. The
Board of Trustees hereby finds that water service from the Town is reasonably
available to the vast majority of the land within the Town's boundaries. As to those areas of the Town to which
water service is not reasonably available, the Board of Trustees hereby adopts
the following plan, which allows land owners to obtain an alternative supply of
water:
Where the extension of water service to any parcel of
land is considered by the Town and the owner of said land not to be economically
practicable at the time said land owner seeks water service from the Town, said
parcel of land may be served with water from a well or wells to be constructed
by the land owner at the land owner's expense, subject to the following
limitations. Any such plan for an
alternate supply of water must be approved by the Town in a writing which shall
provide that, at such time as water lines are installed and ready for connection
within one hundred (100) feet of any such parcel of land, the land owner shall,
on request by the Town, (1) connect all property to the Town's water system in
accordance with the Town's rules and regulations, and (2) convey to the Town all
water rights associated with the property (as of the date of the Town's initial
approval of the land owner's alternate supply of water), including without
limitation all rights to the use of water in the Dawson, Denver, Arapahoe and
Laramie-Fox Hills aquifers underlying said parcel of land. (Prior code 10-10.1, 10-10.2, 10-10.3,
10-10.4)
Sec. 13-2-180.
Tampering with water system prohibited.
The following acts shall be unlawful:
(1)
To trespass upon the property of the water system, tap any water mains,
make any connections therewith, in any manner interfere with or damage the water
system or the property, equipment, pipes, valves or any other appliances of the
water system, or change or alter the position of any valve or appliance
regarding the flow of water in any pipeline of the water system.
(2) To
change, alter, move or replace any presently existing main, service line, meter
or other apparatus connected with the water system of the Town except as
provided herein. (Ord. 00-21
§1)
ARTICLE III
Sewer System
Sec.
This Article is
enacted to protect, preserve and promote the health, safety and welfare
of the citizens of the Town and to provide funds necessary for the payment of
the cost of the administration, management, operation and maintenance, planning
and engineering of sanitary sewerage facilities; for the payment of the
principal and interest upon the bonds issued and outstanding for such sewerage
facilities; for acquisition of land for such purpose, it is necessary to fix and
collect sewer service charges and connection fees upon all lots, lands and
premises connected to the sewerage system of the Town and to otherwise regulate
the use of said sewerage system.
(Prior code 10-3.1)
Sec.
The following definitions shall apply in the
interpretation and enforcement of this Article:
Garbage
means the animal and vegetable waste resulting from the handling, preparation,
cooking and serving of foods and from the handling, storage and sale of
produce.
Industrial
waste means any sewage waste from a building used for conducting a business
operation that produces a sewage waste having a suspended solids or BOD
(biochemical oxygen demand) content in excess of that found in sanitary
sewage.
Interceptor
means any device approved by the Town Administrator that is installed as part of
a building's plumbing system and is designed to trap grease, oil, sand or any
other flammable wastes or harmful ingredients, thereby preventing the discharge
of such material into the Town sewer system.
Nonacceptable
wastes are:
a. Any liquid
or vapor having a temperature higher than one hundred fifty degrees (150°)
Fahrenheit.
b. Any water
or waste having a five-day biological oxygen demand which may contain more than
one thousand (1,000) parts per million by weight as averaged during any
twelve-hour period.
c. Any
gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid,
solid or gas.
d. Any
garbage that has not been properly shredded, meaning the wastes from the
preparation, cooking and dispensing of food that have not been shredded to such
a degree that all particles will be carried freely under the flow conditions
normally prevailing in public sewers.
Generally, properly shredded garbage will contain no particle greater
that one-half inch (½"), or 1.27 centimeters, in any dimension.
e. Any ashes,
cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar,
plastics, wood, paunch manure, grit, brick, cement, onyx, carbide or any other
solid or viscous substance capable of obstruction of the flow of the sewers or
other interference with the proper operation of the sewage treatment
plant.
f. Any
water or waste having a pH lower than 5.5 or higher than 9 or having any other
corrosive property capable of causing damage or hazard to structures, equipment
or personnel operating the sewage treatment plant.
g. Any water
or waste containing a toxic or poisonous substance in sufficient quantities to
injure or interfere with the sewage process, constituting a hazard to humans or
animals or creating any hazard in the receiving ponds of the sewage treatment
plant.
h. Any waters
or wastes containing suspended solids of such character or quantity that unusual
attention or expense is required to handle such materials at the sewage
treatment plant.
i. Any
noxious or malodorous gas or substance capable of creating a public
nuisance.
Sanitary sewage
means the waste from water closets, urinals, lavatories, sinks, bathtubs,
showers, household laundries, cellar floor drains, bars, soda fountains,
refrigeration drips, drinking fountains and any other waterborne waste not
constituting an industrial waste.
(Prior code 10-3.2; Ord. 01-20; Ord. 05-10 §§1, 2)
Sec.
(a)
Except where otherwise provided, no person shall maintain within the Town
any privy, privy vault, septic tank, cesspool, leaching or aeration field, or
other facility intended for use for the disposal of sewage.
(b)
Where a public sanitary sewer is not available within the Town or in any
area under the jurisdiction of the Town, the building sewer shall be connected
to a private sewage disposal system complying with the provisions and
recommendations of the Colorado Department of Public Health and
Environment. Such private sewage
disposal system shall be constructed, maintained and operated at all times in a
sanitary manner.
(c)
At such time as a public sanitary sewer becomes available to property
served by a private sewage disposal system, a direct connection shall be made to
the public sewage disposal system in accordance with the provisions of this
Article and any septic tank, cesspool
or similar private sewage disposal facility shall be abandoned and filled
with suitable material. (Prior code
10-3.3)
Sec.
(a)
It is unlawful for any person to open, uncover or in any manner make
connection with any sewer main or line of the Town, or to lay drain or sewer
pipes on any premises or in any street or alley in the Town without first
obtaining a permit from the Board of Trustees (which may delegate authority to
the Town Clerk for the issuance of permits).
(b)
The application for said permit shall be in writing and shall contain the
following information:
(1)
Name and address of applicant;
(2)
Name and address of owner of the premises where said connection is to be
made and/or the drain or line is to be laid;
(3)
Location of the proposed connection, drain or sewer pipes;
(4)
Statement as to the type of connection and type of materials to be
discharged in the sewer.
(c)
If the proposed connection does not violate any provision herein and does
not violate any other laws of the Town, the Town shall issue a permit for such
connection. Such permit shall
contain all information contained in said application and shall specify the type
and kind of grease and sand traps to be used, if required by the Town. Sewer taps outside the corporate limits
shall be at the discretion of the Board of Trustees.
(d)
At the time of filing the application, the applicant shall pay a tapping
fee for connection to the sewer of any property within the corporate limits of
the Town. The tapping fee shall be
in an amount to be determined from time to time by the Board of Trustees by
resolution. Such resolution shall
include fees for the following uses:
(1)
Residential rate class means
all persons located within the Town using the sewage system for the purpose of
disposing of sewage wastes from a building used for the living quarters for no
more than one (1) family. The Board
of Trustees shall specifically reserve a portion of any such sum for the
development fund.
(2)
Multi-residential flat rate
class means all residential uses containing more than one (1) dwelling unit
per building within the Town. The
owner-applicant shall pay tap fees for all units, abbreviated "MRF," at the time
of application. The Board of
Trustees shall specifically reserve a portion of any such sum for the
development fund.
(3)
Commercial customer class
means all persons located within the Town using the sewage system of the Town
for the purpose of disposing of waste from a building used for conducting a
business operation. The tapping fee
and plant investment fee for this class, abbreviated "CC," shall include a
tapping surcharge to be determined by the Board of Trustees based on the
anticipated volume and nature of discharge and the anticipated cost to the Town
of processing and treating the discharge.
The Board of Trustees shall specifically reserve a portion of any such
sum for the development fund.
(4)
Outside corporate limits means
all uses outside the corporate limits of the Town. The tapping fee and plant investment fee
shall be double the in-Town class fee, and the Board of Trustees shall
specifically reserve a portion of any such sum for the development fund. (Prior code 10-3.4; Ord. 00-21 §2; Ord.
00-23 §2; Ord. 04-14 §2)
Sec.
Any user of the sewer system, either inside or outside
the corporate limits, must build his or her own sewer line if there is no line
available for him or her to connect with.
All connections to the Town's sewer system must be made in accordance
with the Town's Water System Specifications, as the same may be amended from
time to time. (Prior code 10-3.5;
Ord. 06-01 §4)
Sec.
The discharge of nonacceptable wastes into the Town sewer
system, whether directly or indirectly, is prohibited, and where investigation
reveals the presence in the system of nonacceptable wastes emanating from any
lot, land, building or premises, the owner, lessor, renter or occupant of such
lot, land, building or premises shall be, at his or her own expense, required to
treat, neutralize or in other ways prepare the noxious substance therein to the
satisfaction of a duly authorized agent of the Board of Trustees in order to
convert the same into acceptable wastes.
(Prior code 10-3.6)
Sec.
Grease, oil and sand interceptors shall be provided in
accordance with the Town's Sanitary Sewer System Specifications, as the same may
be amended from time to time.
(Prior code 10-3.7; Ord. 05-10 §3; Ord. 06-01 §5)
Sec.
When required by the Board of Trustees, the owner of any
building in the IW class shall install a suitable control manhole in the
building sewer to be accessible and
safely located and shall be constructed in accordance with the plans to
facilitate observation sampling of waste.
Such manholes, when required, shall be approved by the owner at
his or her expense and shall be maintained by him or her so as to be safe and
accessible at all times. (Prior
code 10-3.8)
Sec.
No person shall abandon any building connection without
first obtaining a written permit.
Such building connection shall be effectively sealed with a vitrified
clay stopper inserted in the bell of the sewer extending to the property line
which stopper shall be jointed as directed by the Board of Trustees. (Prior code 10-3.9)
Sec. 13-3-100.
Interference with Town employee prohibited.
No person shall in any way interfere with the employees
of the Town in any discharge of their duties, in the tapping of any sewer pipe,
main or lateral. No person shall
dig up or cause to be dug up any street or alley in the Town for the purpose of
connecting with the sewer system of the Town, without first obtaining a permit,
and no person having a permit shall dig up any portion of any street or alley of
the Town for the purpose of connecting with the sewer system of the Town and
fail or neglect to place the street or alley in its original condition. (Prior code 10-3.10)
Sec. 13-3-110.
Deposit of unsanitary waste prohibited.
No person shall deposit or permit to be deposited in any
unsanitary manner upon public or private property within the Town or within any
area within the jurisdiction of the Town any human or animal excretion with the
exception of manure used for fertilizer purposes. (Prior code 10-3.11)
Sec. 13-3-120.
Deposit of untreated industrial waste into natural outlet
prohibited.
No person shall discharge into any natural outlet within
the Town, or any area within the jurisdiction of the Town, any sanitary sewer,
industrial waste or other polluted waste, except where suitable treatment has
been provided. (Prior code
10-3.12)
Sec. 13-3-130.
Tampering with sewers prohibited.
No person shall maliciously, willfully or negligently
break, damage or destroy, uncover, deface or tamper with any structure,
appurtenance or equipment which is a part of the Town sewer system. (Prior code 10-3.13)
Sec. 13-3-140.
Rates and charges.
There is hereby levied and charged on each lot, parcel of
land and premises served by or having sewer connection with the sanitary sewer
system or otherwise discharging sanitary sewage, industrial wastes, water or
other liquids either directly or indirectly into the sanitary system, a sewer
service charge which shall be payable as and in an amount determinable as
follows:
(1) The
residential flat rate class shall pay a sewer service charge to be determined
from time to time by the Board of Trustees by resolution. The sewer service charge shall include a
base rate and an additional charge for usage.
(2) The
multi-family residential flat rate class shall pay a sewer service charge to be
determined from time to time by the
Board of Trustees by resolution.
The sewer service charge shall include a base rate and an additional
charge for usage for each dwelling unit over and above one (1) dwelling
unit. The rates set by the Board of
Trustees by resolution over and above one (1) unit shall be paid whether or not
the additional units are occupied.
(3) The
commercial customer class shall pay a sewer service charge to be determined from
time to time by the Board of Trustees
by resolution. The sewer service
charge shall include a base rate and an additional charge for usage for each
dwelling unit over and above one (1) dwelling unit. The rates set by the Board of Trustees
by resolution over and above one (1) unit shall be paid whether or not the
additional units are occupied.
(4)
The additional charge for usage
in excess of five thousand (5,000)
gallons shall be calculated based on the volume and nature of discharge
and upon the approximate cost to the Town of processing and treating the
waste.
(5)
That portion of the sewer rates which is based on usage in excess of five
thousand (5,000) gallons shall be calculated based in part on the metering of
water by volume. In the event a
property does not have a meter in which to calculate the volume of water, the
Board of Trustees may, by resolution, set a higher mandatory minimum rate for
unmetered water sources which are discharged into the Town's sewer system. (Prior code 10-4.1; Ord. 03-03 §1; Ord.
04-14 §3)
Sec. 13-3-150.
Billing payment.
The sewer service charges shall be levied pursuant to
Section 13-1-140, payable monthly, and shall be added to and made a part of the
monthly water bill of the various properties in the Town. All sewer bills shall be due on or
before the fifteenth day of the month following the reading of the meter; and if
not paid by the twentieth, a penalty of five percent (5%) of the total amount
due, excluding any previous penalties, shall be added thereto and paid by the
sewer user. (Prior code 10-4.2;
Ord. 00-01 §2)
Sec. 13-3-160.
Lien on property.
Each sewer charge levied and each tapping fee levied
shall be a lien therewith, and if the same is not paid within sixty (60) days
after it becomes due and payable, the Town shall have the right to record such
lien against the real property in the files of Elbert Count Clerk and Recorder,
with a ten percent (10%) penalty thereon to defray the cost of collection and
with the cost of recording to be paid by the property owner as part of the total
amount due. (Prior code 10-4.3;
Ord. 05-06 §1)
Sec. 13-3-170.
Hardship clause.
(a)
Eligibility. Any person
paying a Town water and sewer bill and qualifying for tax or rental relief under
provisions as set forth on Colorado Department of Revenue Form 104-PTC shall be
eligible for a partial refund on their water and sewer bill.
(b)
Application. Application for
refund shall be made annually, between January 1 and April 15 on forms to be
provided by the Town, and shall be supported by:
(1) A
copy of Form 104-PTC, as filed with the State Department of Revenue for the
preceding year.
(2) A
copy of at least one (1) Town utility bill from the preceding year, and a copy
of the canceled check or other proof of payment for that bill.
(c)
Deadline. No claim for any
refund shall be accepted after April 15.
(d)
Amount. Refunds to qualified
applicants shall be determined by multiplying the total water and sewer charges
billed and paid in the previous calendar year by twenty-five percent (25%). (Prior code 10-4.4)
ARTICLE IV
Reserved
Editor's Note: Article IV, Tap and Permit Restrictions,
was repealed by Ordinance 05-18.
ARTICLE V
Water Activity
Sec.
The Town hereby establishes the
Sec.
Pursuant to and in accordance with the Act, the
Enterprise shall be excluded from the provisions of the Amendment and shall be
entitled to impose rates, fees, tolls and charges; collect and spend revenues;
issue revenue bonds; and construct, operate and maintain facilities and provide
water services; all without reference or regard to the limitations contained in
the Amendment. (Prior code
10-12.2)
Sec.
The members of the Board of Trustees shall serve as the
governing body of the
Sec.
The Enterprise shall have all powers and authority
granted to water activity enterprises by the provisions of the Act, including
but not limited to the power to conduct and continue water activities as defined
in the Act; the power to contract with any person or entity, including other
districts as defined in the Act and other water activity enterprises as defined
in the Act; and the power to issue and re-issue revenue bonds through its
governing body in accordance with and through the provisions of Section
37-45.1-104(2), C.R.S. (Prior code
10-12.4)
Sec.
In consideration of the Enterprise's commitment to
provide water services for which the Town actually is obligated and to pay, from
revenues and income in the Water Enterprise Fund, debt service on general
obligation bonds and notes of the Town issued in the past to finance the
acquisition, construction and installation of water rights, facilities and
appurtenances, the Town hereby agrees to continue to provide administrative
services for the Enterprise and its activities, to continue to hold title to and
own all of the assets currently owned by the Town and necessary to the operation
of the Enterprise, and to impose and collect all rates, fees, tolls and charges
for water activities pursuant to Title 31, Article 35, Part 4, C.R.S. The relationship between the Town and
the Enterprise with respect to the administration of the Enterprise, the
operation of the water activities and the duties and responsibilities of each
party shall be as is delineated and clarified from time to time in that certain
joint resolution of the Town and the Board to be adopted when this Enterprise
Article is in full force and
effect (the "Joint Resolution").
(Prior code 10-12.5)
Sec.
Any and all transactions of the Enterprise may be done in
the name of the Town or in the name of the Enterprise, and neither this Section
nor any transaction entered into pursuant to it shall alter or abrogate the
relationship of the Town and the Enterprise as established in Section 13-5-50
and further clarified from time to time in a joint resolution. (Prior code 10-12.6)
Sec.
The Board of Trustees hereby makes the following findings
with respect to the establishment of the
(1)
The Town's Water Enterprise Fund, water rights, water facilities and
appurtenances all shall comprise the
(2)
The
a. Title 24,
Article 10, Part 1, C.R.S., the
"
b. Title 29,
Article 1, Part 6, C.R.S., the
"
c. Title 29,
Article 1, Part 1, the "Local Government Budget Law of
c. All other
local, state and federal laws, rules and regulations.
(3)
The establishment of the Enterprise is necessary to provide a secure
water supply for domestic use by the inhabitants of the Town and other domestic
customers of the Enterprise; to continue to provide water for agricultural use;
to supply water for power, milling, manufacturing, mining, metallurgical, fish,
wildlife, recreational and all other beneficial uses; to treat, reclaim,
conserve, recharge, augment, exchange or reuse water supplies; and to provide
wholesale and retail water supply and wastewater services.
(4)
The Town has the authority to conduct water activities as defined in the
Act and is the sole owner of the
(5)
The Enterprise receives under ten percent (10%) of its annual revenues in
grants (as defined in the Act) from all state and local governments combined,
having received (as the Town's Water/Sewer Enterprise Fund), less than ten
percent (10%) of its revenues for the 1992 and 1993 fiscal years from all state
and local grants and expecting to receive none of its revenues for the 1994
fiscal year from such sources.
(6)
Pursuant to the Act, the
(7)
The Enterprise does not and shall not levy any tax whatsoever, nor shall
any rates, tolls, fees or charges imposed or collected by the Enterprise ever be
deemed to be taxes for any purpose under any law, rule or regulation, whether
local, state or federal. (Prior
code 10-12.7)
Sec.
The
ARTICLE VI
Water and Sewer Specifications
Sec.
It is the purpose of this Article to establish standards
and specifications for water and sewer systems within the Town in order that,
through careful design and quality workmanship and materials, the safety of
those using Town water and sewer services may be promoted. (Ord. 06-01 §6)
Se.
These specifications shall apply to all water and sewer
services within the Town. If
different sections of the specifications should require materials, methods of
construction or other requirements, the most restrictive shall apply. (Ord. 06-01 §6)
Sec.
The Board of Trustees may establish and adopt a schedule
of fees to be paid by the developer/builder to defray the expenses of the Town
in reviewing plans and/or inspecting work.
Further, the Town may charge a reasonable fee for copies of these
specifications. (Ord. 06-01
§6)
Sec.
No water or sewer systems shall be constructed in
violation of this Article or amendments thereto without the express approval of
the Board of Trustees. The Board,
through the Town Attorney and court of appropriate jurisdiction, may initiate
legal action to prevent, abate or remove such unlawful construction in addition
to any other remedies provided by law.
(Ord. 06-01 §6)
Sec.
Any person, whether as principal, agent, employee or
otherwise, who violates any of the provisions of the Town's Water System Specifications and Sanitary
Sewer System Specifications shall be subject to the general penalties set
forth in Section 1-4-20 of this Code.
(Ord. 06-01 §6)
Sec.
The Town, through its Board of Trustees, hereby adopts
the Town's Water System Specifications
and Sanitary Sewer System Specifications, dated March 2005. One (1) copy of said Specifications shall be maintained on
file at the office of the Town Clerk and may be inspected during regular
business hours. (Ord. 06-01
§6)