HomeMy WebLinkAbout2002 Ordinance No. 004•
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ORDINANCE NO . i
SERm s Or' 2002
BY AUTHC'RITY
COUNCIL BILL NO. 1
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE AMENDING TITLE 12, CHAPTER IB, SECTIONS 4, 6, 6 AND 7;
TITLE 12, CHAPTER 1, SECTION 4 AND TITLE 12, CHAPTER 3, SECTION 4,
PERTAINING TO THE WATER AND SEWER SECTION .
WHEREAS, the ne ed for minor changes to EMC Title 12, Wat·,r and Sewer have
been noted over a .r,er1od of time ; and
WHEREAS, the passage of this Ordina nce • ,ill delete ant.iquated language, add
updated requirements and coordinate language in the water and sewer sections ; and
'VHERE S, these changes relate to water and sewer facilities which include
13f.a ndardizing service pipe specifications, depth pla~mcnt of service pipe , materials
~ .;c~j\aJed from the City and curb stops, as well as minor revisions regarding
CC"o.u ections and repairs of private sewers ; and
WHEREAS, the Englewood Water and Sewer Board recommended approval of the
amendment to Title 12·1•4 and Title 12-2 -4 EMC pertaining to the Water and Sewer
section at t heir Nove mber 13 , 2001 meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, AS FOLLOWS :
lll:l:lism..l. The City Council of the City of Englewood, Colorado here by amends Title
12 , Chapter IB, Sections 4, 6, 6, and 7, of the Englev.ood Municipa i Code 2000, to
read as follows :
12-1B-4: Service Pipe Specifications.
A. SpecificatUJns of Service Pipe: Each service pipe must be of the following
s pecificntions:
I. Copper Pipe: All service pipe &em the moin !o !he prepe~ line shall
be not less than Type "K" soft copper tubing conforming to standard
apecifica tions.
C..01 f.,.,,, ."ipe. Qao! won pipe ohall be Qless 168 een!rif<tgell) eoo!.
~ i'tfpe. Gel anh!ed pipe ineeaUa~ien.e arc pcrmieoil!le &em
!he preperl) line ift!o anel~I, premioe&c
B16ek A'pe. The uoe of hleel, pipe in instella!iono io prohihitul.
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& i · Seruice Pi.pes: Service pipes shall extend into the premises or riser as
specified, and in no case shall be smaller than three-fourths inch
(314") diameter. All sillcocks, faucets or hydrants used for irrigation
purposes shall be fed through a three-fourths inch (3/4") pipe or
larger.
6g. Other materials may be used only upon the express approval of the
City.
B. ~ ~ o/ Seruice Pip,: ~11 service pipes must be laid at .,,~., five
feet (5') below the establ:.ahed :;::aJe of the street in which they ahall be laid
and in all placea at least five feet (5 ') be low the surface of t he ground. ~
Rervice pipes shall be located such t?at there is n five foot (5) minimum
horizontal and an eighteen inch.ti ~"' minimum vertical e~ration from all
other underground utilities itit.l..vl~;-~e: but ngt~~ ·1ew,)r pipes JBJ
~r, electrical telephone and other .l:Blllil. All plumbing ,hall be so
inP.'8.lled and of such material RH to withstand safely the perils surrounding
their condition of ooeratio n and use .
12-1B-3: Materials ",,,·o:based from CiLJI,
In the case of permanent connections to the mains of the City water system ,
or the transfer of servico from flat rate water to metered water the applicant shall
purchase from the City the following materials:
A. The tapping saddle end corporation stop by which connection is
made to the main. and the curb stop valve
B. Water meter and radio frequency encoder receiver transmitter and
meter yoke and pit when required.*
*See Section 12-IA-4 of this Chapter.
12-1B-6: User to Provide Curb Stop.
Every owner of property using water shall pr ovide a curb otep "ith a hall valve on
the service pipe outside of his/her premises protected by a mm: ""°I> box, by means
of which the water may be turned 0 ., or off from the premises by any employee of the
City, and shall maintain the eam..: in good working order. In the case of properties
where the domestic water aupply is connected to a fire line ~e domestic water
connection to the fire line shall be at the property line and both the fire line and tb~
domeatic water service ehall be protected with curb valves by which the two aer:Yiw
may be shut off' independently at prope rty li ne The iBlYi: MeJ)" box shall be so
maintained that at all times it will be co nveniently accessible in good order for
turning water on and off with the cove r at the level of the adjacent ground. If City
personnel are required to clean out a proJ)erty owner's Yalve Melt box, for whatever
reason , either at the request of the property owner for an emergency or for a
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delinquent turn-off, a fee of thirty dollars 1$30.00) shall be due and payable by the
property owner and s hall be billed to the property by the City within thirty (30) days
after the service has be en performed.
12-lB-7: Number of Users on Service Restricted.
A. More Than. On.e Premises To A Service Connection. Prohibited: Each premises
or prop erty or building~ situated on a premi ses or property in a manner
which would allow the preD1ises or property to be s ubdi vided and the
building~ sold separately shall be served°by a separate service connection
directly to the~ main without crossing t-fte other adjoining premi ses or
~ and with separate curb stops involving only one account
'Nhc n water i9 turned on er shut c,ff. Extension of service to a nother premises
or building from an existing service coru.1ect.ioti is prohibited and s holl be
subject to shutoff wit hout the City being liable for any damage . Exceptions to
this requireme nt may be granted by the City Manager or de s ignee with the
co nc urrence of the Water and Sewer Board upon a review of a written request
of the property owner, in which the property owner illustrates with both
written and graphic descriptions, why the exception should be granted.
Existing premises, properties o! buildings which do not conform to this
requirement may maintain th eir service connection co nfigurations unless and
until such time, in th e opinion of the City Manager Oi" designee with th e
concurrence of the Water and Sewer Board , the se rvice must be separated.
8 . Two Or !if ore Users On Same Serui.ce Line: In case two (2) or more users are
supplied from the same service line , if any of the parties fail to pay the water
charges when dn , nr to comp ly with any r:ule o f the City, the City reserves
the right to shut off the water to the whole service until s uch c n.rges are
paid, or the rules strictly complied with, end it is expressly stipulated that
no claim for damage or othe rwi se may be made against the City by any user
whose wnter cha rge s J.1::ove been paid or who has com plied with the rules of
the City, because of such turnoff, it being ex pressly stipulated that the
necessity for such shut off uhaU be deemed to be the joint act of all se rved
through s uch service .
~-The City Co,•ncJI of the City of Englewood, Co lor ado her e by amends Title
12, Chapter 1, Section 4, of the Englewood Municipal Code 2000, to read as follows:
12-1-4:Work to be Done by Plumbers M' Drainlo>) ers.
All work o n water pipes or fixtures which are connected to the City's potable water
di s tributio n •ystem a nd which ore locate d from the curb stop to a poi nt one foot(!')
inside the building s hall be accomplished by a licensed plumber or ,l,,otftio)er under
bond to the City.
SJ:ililm.a. The City Co uncil of the City of Englewood , Colorado hereby amends Title
12 , Chapter 2, Section 4, Subsection A and the addition of a new Subsection K, of the
Englewood Munidpnl Cotle 2000, to read as follows:
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12-2-4 : Private Sewers, Connections and Repairs.
A. B11.ildings lo Ha ue Separate Co,mection.s. Each pr emi ses pronertv or
building(s) situated on n premises or prop erty in a manner which wou M
a llow the pr emises or nrooertv tO be sub divided and the building(o) so14
~ shall be served by its • .. n ee .. e, .e,-. iec lint>. i! se p•u~
con nectio n directly to the nearest main wul12~~~~m-1 oti1br ndJQirunw;
premises or pronertie s,=a nd no connection ehell be ma<le by extending the
se rvice from v.,~ ;-,·o~erty~ ~i..J:~ 'tc ane;r.her. prop erty~Jses
or building . Each se par a te builciing i11 ,. t,,.;:n•· •1 ·1rjt develop me nt s hall
B.
have a se pa rate se wer service lino.~~;__ :i ~hj a requirer.J&o.t..m..o.Y...b
gran ted by the.Jlli:y Manager or desi gn ee with the L-On~ence of the Watet
and Sewer Board upon a review of a wrl.tten reg UP.St of the prop.frtv owner in
whi ch th e property owner illu strates with both writte n and graphic
desc ripti ons why the exce ption should be granted Existing oremi se..l.
properties or building s which do not co nform to thi s requirement mav
main tai n their service co nnecti on configurations unl ess a nd until s uch tim e
in the opinion of the Citv Manager or desi gn ee with the co ncurr ence of the
~r and Sewer Board the service mu st be eenarnte d
Old Priuat e Sewers. Old private sewers may be use d in connection with new
buildings only when they are found to meet all requirements herein and
solely at the ri sk of the use r; otherwiae, old private sewers shall be plugged
nt the use r 's ex pense upon di sco ntinuance of se rvi ce. The plug in the old
private se wer must be ins pected a nd approved and a pl a n review a nd
in s pection fee will be charged by the City.
C. Des ign and Constru.ction. The size , slope, alignment, and materials of
construction of a private se wer , and the methods to be use d in excavating,
placing of pip e, jointing, testing, and backfilling the trench and all other work
s hall confo rm to the requirements of the Building and Plumbing Code or
other applica bl e code s, laws. rules and regulations of Federal, State, and
lo ca l entities.
D. Private Sewe r Eleuation. In all s tructures where the elev ation is too low to
pe rm it gravity fl ow to the public se wer, sanitary sewa ge di sc harge fr om s uch
structure shall be lifted and di scharged to the se wer by a City and Tri-
Co unty Health Dep artment approved fa cility which shall be operated a nd
maintained by the use r.
E. Installation and Maitit enance. All costs and expenses incidental to the
installation and connection of the private sewer shall be borne by the
applicant who shall retain 0 1 ': :ploy a licensed se wer contractor or plumber
to make co nnection to and im 1 •• t a sewer .
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The eervica line from the public sewer "'*"' line t o the structure to be served s hall be
ino talled by the property owner at hie/he , • peru,e. The own er shall hold the City
harm le ss for any lose or damage that m&)' directly or indirectly be occasioned by the
installation of the service line or the m,tlf1tnc.t1on of any old private sewer.
The owner of any property connecting to the POTW shall be responsible for t he
maintenance of the service line from the public sewer to the structure to be served.
The owner shall keep the service line for which he/she is responaible in good
condition and shall replace at his/her e,po11se any portions thereof which, in the
opinion of the City, have become damag ed or disintegrated as to be unfit for further
use, or ie in such condition to permit infilt;s tion into the system. All repairs shall be
complc,ted within thirty (30) days after notification and shall be completed by a
bonded contractor. The owner s hall be reoponsible for returning the public right-of-
way and the street to acceptable City or.~~tla rde.
F. Oil And Grease faterc ep!or 1"sta.ll<l lw1c·
Grease .folercept-Or Installation Criteria: Grease trap interceptors are
required for all facilities used and operated regularly for the sale of
prepared food, including but not limited to restauranta, cafee, fast
food outlets, pizza outleta , delicatessens, sandwich shops e,,d a ny
and all other kinds and types of food vending estsbtrshments in
which any food prepnrntion (including beating or de:irosting in or by
means of any kind of oven or beating device) takes p lace on the
premises, whethe r or not such facilities are located in a separate
building or structure or occupy space in a building or structure that ie
occupied by other businesses, as well as schools, churches,
boardfogbo uses with communal kitchen facilities, nursing homes,
and day care centers which have kitchens and engage in the
preparation of food. In addition, meat cutting facilities and others
capable of discharging significant amounts of grease into the POTW
shall be required to install grease interceptors. The exception shall
be those facilities granted a variance by the City with the approval of
the Water aud Sewer Board. Grease interceptors s hall not be
required for privat..e residences or dwellings unless there are
commercial uses w.ithin the dwellings that generate amounts of
grease beyond t' at geuerated by a residential dwelling.
2 . Grease biterceptor S1zi11g Criteria: The City ·•hall promulgate rules,
reguletioi1s a\1d criteria for grease interceptor sizing.
3 . 1"spectio11 of Grease biterceptors: The City shall establish an
inspection program for grease interceptors. The City shall develop
rules and regulations to inventory all grease interceptors and
document the inspections of these intercept.ore.
4. Grease Interceptor Pumping Schedules: All users connected to grease
intercGptors will be require:! to pump out their interceptors at
intervals determined in rules, regulations and critoria promulgated
by the City .
6. Biological Treotme11t: Biologica l treatment s hall not be a eubetituta
for the pumping of the grease interceptor.
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6 . E:cistfog Sou rces No t Conn ected to Greas e Int erceptors: Existing
sources not ro nn ected to grease interceptors a nd which co ntribute
s ignifica nt a moun ts s hall be identified throu1h inspection of the
collection systems. Once these sources are id entified , they will be
required lo im plem ent bee t ma nagement practices (BMP'e) lo keep
oil and grease out or the POTW. The City s hall prom ulg ate rules,
regulations and criteria for BMP'e.
If the BMP's are not s uccessful at the fa cility and the facility
continues to contribute s ignifica nt a mounts of oil a nd grease to the
sanitary sewe r , as documented by fi eld inspections, then the facility
will be required to install an a dequately sized grease interce ptor.
7. Right of Etitry: Whene ve r it is necessary to make an insp ection to
enfort'f:; any provisions of tills Section, or whenever the City beli eves
that there exists in any premises s ubj ect to this Section any co ndition
or vic1ation with rcgnrd to the use and m ai ntena nce of oil and grease
interceptors, the City personnel may enter s uch pre mises to inspect
the same provided that proper credentials be presented a nd request
and be granted entry, or otherwise have grounds for a search warrant
exce ption as may be authorized by law . .If req uested entry be refused ,
[the) City shall hav e recourse lo every re medy provided by law to
secure entry, including an issuance of an a dmini str ative warrant
fro m the Municipal Court or from the District Court of the State of
Colorado having jurisdiction.
Permit Requi red . Beforl! commencement o f co nstruction of a private sewage
disposal system, the ow ner shall first obtain a wntten permit Aigned by the
City.
H. Connection. Requirement:
l . The app lica nt for the private sewer permit shall notify the City when
the private sewer is ready for inspection and co nn ection to th e ,•ublic
sewer. The applicant mus t have secured n permit and have rr .. all
City requirements. Th e connection s hall be made under the
supervision of the City's representative.
2 . The owner of any structure used for human occ upancy, e mployme nt
or activity , situate within the City, may be required ut s uch ow ner's
expense to connect s uch structure to a public sewer, if s uch a public
sewer is within four hundred feet (4 001 of the property line of the
property upon which the structnrti is l~ted. Such connection shall be
made within ninety (90) days after notic e from the City is served on
the owner of the property affected; provided, however, that in the
e vent compliance with this s ub section causes severe economic
hardship lo said perso n, he/s he ma y a pply lo the Ci ty for exe mption
from t tis s ub section . Such a pplications shall state in detail the
circumstances which are claimed to ca use such economic hardship.
Such exem ptions shall only be granted lo r esidential users, shall not
apply lo other us er s, and shall be granted only for s uch time as t he
dcmonotrated hardshi p exi~te .
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Service s ha ll be co nsid ered com pl ete up on delivery of the notice to the
owner of the property or by posting a co py of the notice on the
property in question in a con spicuous place a nd by mailing a copy of
such notice, registered mail, to the reco rd owner of the property as
disclosed and at th e address shown in the curre nt records of the
Arapahoe County Assessor .
3 . If a public sewer is not availa ble within four hundred feet (400') of
the property line of the property upon which n house or building is
located, a private sewage disposal syste m constructed in ar,cordnnce
with applicable regulations of the Health Departmer.t shall be
utilized to dispose of se wage.
4 . In cases wh ere a public sewe r was not previous ly available within
four hundred feet (400 ') of the property line of a property but a public
sewer later becomes available within such di stance, the owner me.J
be required to connect with the public sewer as provided in
subsection H2 above. In such event , after the connection is
completed, the private sewage dis posal system s ha ll be emptied ,
cleaned and filled with sand or dirt.
5 . It s hall be unlawful for any perso n to deposit or discharge, or to
cause to be deposited or discharged, to any wastewater collection
facilities any solid or liquid wa ste unless through a connection
approved by the City .
Damage To POTIV. Any person who malicio usly , willfully , or negligently
breaks, damages, destroys, uncove rs , defaces , or tampers with any structure ,
appurtenance or equipment which is part of the POTW shall be subject to
s uch action a nd penalty as provi ded ir, Secti on 12-2-6 of this Chapter.
Septic Wast e Fees And Charges . The wastewater or septic tank waste hauler
permit fee shall be one hundred dollars ($100 .00). User charge for disp osal of
h aul ed wastewater or se ptnge shall be six cents ($0.06) per gallon.
~ .1.YeJM_g,_Jtstr1Lclion. 0 1.ier E:ri.'lting Sewe r Ser vice Lines· _If a property owner
~ build a new perm anent structure o,·er an existin g se wer se rvi ce
line whether the etructure is attached tn no exieting structure or
unnttnched the se wer service line sl,nll be relocate d away from th e new
structure or the service line wjll be repl aced with pipe materi al approved .fur
use in side a build ing ~~ an existin g se wer service li n0 a
unkn own it shell be the proo er tv owner's responsibility to determ in~ b!
whatP.ver means necessa ry the locatio n of the s~rYice line to th e sat.i~o
of the City of Eng)ewm
~ Safety Clau ses The City Council hereby find s, determines, an~
declares that this Ordinance is promulgated und er th e general police power of the
City of Englewood, that it is promulgated for the health, safecy , a nd welfare of the
public, and that this Ordinance is nercssary for th e preservation of health and safety
and for the protection of public convenience a nd welfare . The City Council further
determ ~ that the Ordinance bears a rational relation to the proper legislat ive
object so ught to be obtained.
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~ Severabilitv If any clause, sentence, pa ragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reason be adjudged by a court of co mpete nt jurisdiction invalid, such judgment shall
not affect, impair or invalidate the remainder of this Ordinance or it application to
other persons or circumstances.
~ [nconeietent Ordinencee All other Ordinances or portions thereof
inconsistent or conflicting with this Ordinance oranyportion hereof are hereby
repealed to the extent of such inconeistoncy or conflict.
~ Effect of repeal or modification The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance shall not release ,
extinguish, alter, modify, or change in whole or in p&rt any penal.ty, forfeiture, or
liability, either civil or criminal, which shall have been incurred under such provision,
and each provision shall be treated and held ao still remaining in force fo r the
purposes of sustaining any and all proper actions, swts, proceedings, and
prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for
the purpose of sueto.in.i,ng any judgment, decree, or order which can or may be
rendered , entere1 "'t' made in such actions, suits, proceedings, or prosecutions.
Sl:l:l.iim.8. &r,~.;c.:;:. The Penalty Provision of Section 1-4-1 EMC shall apply to
each and every vi<;l, .;ion of this Ordinance.
Introduced, read in full, •nd passed on first rending on the 7th day of January,
2002.
Published os a Bill for on Ordinance on the 11th day of January, 2002.
Read by titl• and passed on final reading on the 22nd day of January, 2002 .
Published by title as Ordinance No .£, Series of 2002, on the 25th day of
January, 2002.
I, Loncrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
thRt the above and foregoing is a trueCOP,Yflf the Ordinan . seed on final reading
anrl published by title as Ordinance No. 't:...., Series of 2 .
U.,IY tur~· f o_,
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Janu ar. i . :?00::!
INITIATED BY
Utiliti es Dep, ·tmen t
COUNCIL COMMU N I CATION
Age nda Item
10ai
Subj ec t
Ordi nance Change .\mending Title
I 2. Chap ter I B, Sections -l , 5, 6 and 7.
and Chap ter I . Section 4 and Chapter
2 . Se c t ion ➔
STAFF SO U RCE
Ste\, art H. Fonda . Dir ec tor of U ti lities
COUNCIL GOAL AN D PRE V:ous COUNCI L ACT ION
None.
RECOMMENDED ACTION
The Wate r and Sewe r Board, at thei r November 13, :!UO I mee tin g, re commended Co uncil 1pproval of
ordinan ce changes to Ti tl e I 2, Chap ter I B. Sectio n; -l , 5, ~ and 7; Ti tl e 12. Chap ter I , Se cti on 4 and titl e
I 2, Chapte r ~. Section -l .
BAC KGROUND , ANA LY SIS, .<\ND ALTERN ATIVES IDENTIFIED
'v\in or changes to lh~ Th ie 1.:: \Na ter and Sewe r section of th e municipal co de were no ted ove r a perioJ of
time. These are ch,:mg es tha t ,\ill dele te anti qua ted language , ad d update d requi rement s and coo rdin ate
language m th e \\a ter and se,,er secucns.
The proposed m1.Jnicipal co de cha nges rela ting to wa ter and sewer facilities include stand ardizing service
pipe specifications, depth placemen t of service pipe, materials pu rcha sed irom the City and curb stops.
,\f\in or re\ 1s1ons are also bei ng re co mmended regarding co nn ec ti ons and repa irs of priva te sewe rs. In the
pas t 11 has alwavs been a rec o11m1ended prac ti ce to info rm reside nt s that they ca nn ot co nstruct a st ru cture
ov er their sewer Sf!r\ ice line with out movi ng or replacing the lin e. If passed, thi s wou ld be sta ted in th e
,\lunic1pal Code .
The proposed rev1~1011 s wo uld provide a me re co ns is ten t se t of stand arrls for fu tur e wa ter and si:?wer
co nstrnc 10 11 .
FINANCIAL IMP ACT
'-Jone.
UST OF ATTACHME NTS
OHi to r Ordi nance