HomeMy WebLinkAbout2000 Ordinance No. 001•
ORDINA1''~E NO . L
SERIES 0 1" 2000
BY AUTHORl~'Y
COUNCIL BILL NO . I
INTRODUCED BY COUNCIL
MEMBER GARRET!'
AN ORDINANCE AMENDING ·r:TLE 12, CHAPTER ID, SECTIO N 4, CHAP'rER 2,
SECTION 3H , CHAPTER 5, SECTION 6A. AND CHAPTER 8, SECTION 10, OF THE
EN.:JLEWOOD MUNICIPAL CODE 1985 , PERTAINING TO STATE MANDATED
LIMITS FOR LATE CHARGES FOR WATER, SEWER, STORM AND CONCRETE
CHARGES .
WHEREAS, the Colorado State Legislature paA'!d Houae Bill 99-1048, placing
lim ita on the amount cf po naltiee which can be chug,,d to cuatomen for p88t due
water, ee.wer, etormwater and concrete bills: and
WHEREAS , the En,lewood Municipol Code cum,ntly allowa the City to charge more
than tbe new legislation will allow; and
WHEREAS, the current Code providee ovenlue bi!'
chargea;and
,aed at 10% of the water
WHEREAS , the current'EMC provides that outside City aewer which is billed
annually, is cherged 25% and atormwater cuatomera have been alao aaaesaed at 25%;
and
WHEREAS, the current EMC provides that concrete cuatomen are aaaesaed ut
25% delinquency 1urcherge ; and
WHEREAS , by the pa .. age of this Ordinance the City will be in compliance with
the limits 1et forth in Colorado State Houae Bill 99-1048 ;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNC!L OF THE CITY OF
~NGLEWOOD , COLORADO, AS FOLLOWS:
Stl:twc.l. The City Council of tbe City of Englewood, Color,,do hereby amenda
Title 12, Chr.pter ID, Section 4, of the Englewood Municipal Code UNl6, to read aa
follows :
12-ID-4: DELINQUENT WATER BILLS:
Water billa on metered r ates and scheduled Oat rates becomll delinquent thin;-(30)
days after the dote of billing :nd shall be aaaeued a --~ late fee NOT
TO EXCEED FIFl'EEN DOLLARS ($15 .00) OR UP TO FIVE PERCENT (5%) PER
MONTH , OR FRACTIO N THEREOF , NOT TO EXCEED A TC,'TAL OF
TWENTY-FIVE PERCENT (25%) OF THE AMOUNT DUE , WHICHEVER IS
GREATER. INTEREST IN THE AMOUNT OF EIGHTEEN PERCENT (18%) PER
YEAR SHALL BE CHARGED ON THE AMOUNT DUE ONLY . Water is subject to
turn-off without notice whenever a bill therefm h88 become delinquent; provided that
the City shall give a five (5) working day written notice before actually turninr off
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water for nonpayment. Such notice shall be effected by penonal service or certilled
mail or repatered mail, return receipt requeoted, to the owner or occupant of the
premise, for which the charge ie due. The oblig•tion to pay promptly for water
service ie not in any way affected by failure of the owner or occupant oftha premlaea
aened to reoei"" a bill for the service .
. ~ The City Council of the Cit y of Englewood, Colorado hereby amende the
Waa '.ewatar Utility Ordinance, Title 12 , Chapter 2, Section 3, Paragraph H, of the
Englewood Municipnl Code 1985 , to read as follows :
18-S-a · FEES AND CHARGES:
H . Delinquency And Collection:
I. Fees and charges levied in accordanco with this Chapter shall be paid
within thirty (30) daye from the date of billing to the City. If the bill ie
not paid within ~ THIRTY (30) d,iya after billinc, it 1ball be
deemad. delinquent, whereupon a ween"., &,e pereen• fal•'l ••-..
mai he impose,! tr eoYeelie1t eel'Yieee . DELINQUENCY CHARGE NOT
TO EXCEED THE AMOUNT OF FIFTEEN DOLLARS ($15.00) OR UP
TO FIVE PERCENT (5%) PER MONTH , OR FRACTION THEREOF,
NO" TO EXCEED A TOTAL OF TWENTY-FIVE PERCENT (25%) OF
THE AMOUNT DUE, WHICHEVER IS GREATER SHALL BE IMPOSED
FOR COLLECTION SERVICES. INTEREST IN THE AMOUNT OF
EIGHTEEN PERCENT (18%) PER YEAR SHALL BE CHARGED ON
THE AMOUNT DUE ONLY.
2. Nonpayment. All sewer charges and surcharges, including, but not
limited to, collection charges, pretreatment charges, monitorinc charpe,
shall be a lien upon the property to w bich sew en are connected from the
date said charges become due until said charges are paid. The owner of
every structure or premises shall be liable for all sewer charges for users
on bis premises, which lien of liability may be enforced by the City by
action at law to enforce the lien . In case t.he~nmft in rJBHuion of 8JlY
premises shall pay the sewer charges, it shall relieve ,he landowner from
such obligations and lien, but the City aball not be required to seek
payment from any person whomsoever other than the owner for the
payment of sewer charges. No change of ownership or occupation shall
affect tha application of this subsection, and the failure of any owner t o
diacover that be purchased property against which a lien for sewer
service exists shall in no way affect bis liability for su::b poyment in full .
Said delinquent payments, and the lien created thereby, shall be
enforced by asaessment upon the property and premiaea so Mrved and
certification thereof to the C~\llltf 'l~asurer for the coUection under and
in punuance aa provided for in tlw, Code.
3, la thee 011.11ha1 e, ,eur elta,geo or 011reho,geo , i11.eh111.ing, eHI ""'
limieeA tie , eolleetioB eftelgea, pretreaMll:eM ehlll',:eB, moni'81dlg !Ml'gea
01 ee , e!' lap fee■, mua, he eel"liied tie a eo11n-, for eeH:eelien a1 a
llelittqttent: aeeottnt , a fee eq\lti Ml dotthle ~he amottn, o "'"d oaell lie
eerti:&ed and eo Hee ted .
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llal:umi..a. The City Counr.il of the City of Englewood , Colorado hereby amenda
the Storm Water Utility an:I, Enterprise Ordinan .. , Title 12, Chapter 5, Section 8, of
the Enslewood Municipal Code 1985, to read a ■ follows :
12-6-8: DELINQUENCY AND COLLECTION:
A. Delinquency Surcharge. Fees levied in accordance with tbi.o Chapter oball be
paid within thirty (30) days from the date of billing to th e City . If the bill it not
paid within~ THIRTY (30) days after billing, it shall be deemed
delinquent whereupon a l..enl) li,e pereenl ~069') 011PehH110 ehell l,1 imp-a
re, eoHeetien oePllieeo . LATE FEE NOT TO EXCEED FIFTEEN DOLLARS
($15.llO) OR UP TO FIVE PERCENT (5%) PER MONTH , OR FRACTION
THEREOF, NOT TO EXCEED A TOTAL OF TWENTY-FIVE PERCENT
(25%) OF THE AMOUNT DUE, WHICHEVER IS GREATER. INTEREST IN
THE AMOUNT OF EIGHTEEN PERCENT (18%) PER YEAR SHALL BE
CHARGED ON THE AMOUNT DUE ONLY .
B. Nonp ayment . All feee and any ,ccrued eurcbarr;es shall be a lien upon the
billed property from the date a.lid fees become due until said feea are ~aid.
The owner of every atructure or premieea shall be liable for the feee, which lien
or liebility may be enforced by the City by an action at law or suit to enforoe
the lien. In the caae the tenant in pooaeaoion of any premieee pays the fees, it
shall relie-. the property owner from auch obligations and lien, but the City
shall not be required to seek payment from a11y person whomaoever other than
the property owner . No change of ow nerabip aball affect the application of tbi.o
Chapter, and the failure of any owner to diacover tbet he purcbaeed property
against which a lien for feea or aurch.rge exiata shall in no way affect hie
liability for ouch payment in full . Said delinquent payments, and the lien
created thereby, ahall be enforce<l. by aseeaom cnt upon the property and
premises so served and certification thereof to the County Treasurer for
oollection .
~-The City Council of the City of Englewood , Colorado hereby amenda
the current Utility and Concrete Utility Enterprise Fund Ordinance, Title 12,
Chapter 8, Section 10, of the Englewood MurJcipal Code 1985, to read as follows :
12-8-10: DELINQUENCY AND COLLECTION:
A. Delinquency Surcharge. Fees levied in accordance with tbi.o chapter shall be
paid within thirly (30) days from the date of billing to the City. Iftbe bill it
not paid within~ THIRTY (30) days after billing, it shall be deemed
delinquent whereupon a to ea!) &.e pe,eenl ~069') aOfeho,ge shell he imp-a
re, eoHeelion eef";eea . LATE FEE NOT TO EXCEED FIFTEEN DOLLARS
($15 .00) OR UP TO FIVE PERCENT (5%) PER MONTH , OR FRACTION
THEREOF , NOT TO EXCEED A TOTAL OF TWENTY-FIVE PERCENT
(25%) OF THE AMOUNT DUE, WHICH EVER IS GREATER. INTEREST IN
THE AMO UNT OF EIGHTEEN PERCENT (18%) PER YEAR SHALL BE
CHARGED ON THE AMOUNT DUE ONLY .
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B. Nonpayment. All fees and any accrued •urcharce• 1hall be a lien upon the
billed property from the date aaid feee become duo until said fees an, paid.
The owner of every structure or premiaet shall be liable for the fees, which lien
or liability may be enforced by the City tiy an action at law or auit to enlbroo
the lien. In the case when, the tenant in poaaession of any premises P•Y• tht
fe es, it shall relieve the property owner from such obligation■ and lien, but the
i.:ity shall not be required to seek payment frow any person other than the
;,roperty owner. No change ofownenhip shall affect the application oftbil
Chapter, and the failure of any owner to diecover that he purcbaoed property
a11ainat which a lien for fees or surcharge existe shall in no way affect bis
liability for such payment in full. Said delinquent r,ay-..ients, and the lien
created thereby, sholl be enforced by aaaeaament •:pon the property and
premises so served and CN1.ification thereof to the County Tre&aw-r :1r
collection .
&l:lilm...A . Safety Clau•ea The City Council, hereby finds , determine■, and
declares that this Ordinance ia promulgated under the 119nenl police power of the
City of Englewood, that it is promulgated for the health, aafety, and we!f,u., of the
public, and that this Ordinance ia necessary fur the preservation of health and sahty
and for the protection of public convenience and welfare . The City Council furtb,,.r
determines that the Ordina .. oe bears a rational relation to the proper legislative
object sought to be obtained.
Si:i:!;iwui. Seyen,bjljty If any clause, aentence, paragraph, or part of this
Ordinance or the application thereof to any person or circumstances shall for any
reaaon be adjudged ',y a court of competent jurisdiction invalid, such judgment shall
not affect impair or inva!tdate the remainder of this Ordinance or ita application to
other persona or circumstuncea.
~ lncouli1tent Ordinonces All other Ordinan-:.cs or portions ~reof
inconsistent or conllicting witlt this Ordinance or any ~ortion hereof an, bereb;·
repeal eQ to the extent of such inconsistency or conflict.
~-Effect pf repeal or modification The repeal or modification of any
provision of the Code of the City of Englewood by this Ordinance ,.hall not releaae,
extinguish, alter, modify, or cban119 in whole or in part any penalty, forfeiture, or
liability, either civil or criminal, which shall have been incurred under such proviaion,
and each provision shall be ir..a;.ed and held as still remaining in forco for the
purposes of suatainin11 any and all proper actions, suits, proceedinp, and
proaecutions for the enforcement of the penalty, forfeiture, or liability, aa well u for
the purpose of sustaining any judgment, decree, or order which can or may be
rendered, ~ ntered , or made in auch actiona , auita , proceedings , or proaecutions .
Ses:tilm..f,. fe.aall,x . Tbs Penalty Proviaion of E.M. C. Section 1-4-1 shall apply to
each end ttV(!ry viol ation ofthia Ordinance .
Introduced , read in fell . and passed on first reading on the 17th day of ,Jnuary,
2000.
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Publiahed u a Bill for an Ordinance on the 21• day of January, 2000 .
Read by title and p .... d on final reading on the 7th day of February, 2000.
Publiehed by title as Ordinance No . J.... Series of 2000, on the 11th day of
February, 2000.
I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of the Ordinance passed on final reading
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Loucrishia A. Ellis
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Date
January 17 , 2000
INITIATED BY
Utilities Department
-COUNCIL COMMUNICATION
AgendlltNt Suiwct
1081
State Mandated Limits for
I.ale Charges for Water,
Sawer, Storm and Concrete
I STAFF SOURCE
Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Englewood City Code Water -12-1D-4, Sanitary Sewer -12-2-3H-1, Storm Water -12-5-6-A
and Concrete is -12-8-10-A
RECOMMENDED ACTION
Council approval , by ordinance, of the recommended changes to the Englewood City Code to
comply with the State of Colorado House Bill 99-1048 .
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
House Bill 99-1048 was passed by the Colorado State Legislature. This bill places limits on
the amount of penalties that can be charged to customers for past due water, sewer,
stormwater and concrete bills .
The Englewood Code currently allows the City to charge more than the new legislation will
allow. Currently, overdue bills are being assessed 10% of the water charges. For outside
City sewer billed annually, it has been 25%, stormwater customers have b3en assessed 25%.
Concrete customers have been assessed a 25% delinquency surcharge .
The new bill states, 'No delinquency charge shall exceeci ti,.: amount of fifteen dollars or up to
five percent per month, or fraction thereof, not to exceed a total of twenty-five percent of the
amount due, whichever is greater.'
FINANCIAL IMPACT
This will reduce the amount that r,lill be coll&"ted in overdue penalties for all the pertinent
funds. This is not expected to in1pact revenuas in a significant manner.
LIST OF ATTACHllENTS
House Eill 99-1048
Bill for Ordinance
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HOUSE BILL 99-1048
BY REPRESENTATNES Pfifmer, Decker, Hagedorn, McKay, Paschall,
Scutt, Stengel, Sulli•,..,111, Vigil , and Young;
also SENATORS Hillman, Congrove, Evans, Hemand•.z, Lamborn,
Musgrave, Tebcdo, Wattenberg, and Wham .
CONCERNINGLIMITATIONSONTHEAM;JUNTAGOVERNMENTALBNTrrY~Y 1
CHARGE AS ARESULTOFTIIELATEPAYMENTOF AN AMOUNT DUE AND
OWING TO SUCH ENTITY.
Be ii enacted by the General Assembly of the State of Colorado:
SECTION 1. Leipslative declaration. The general assembly
hereby :Ends and declares that the law currently provides certain protections
to conswners with respect to delinquency charges and other fees assessed
in a private consumer transaction for making a payment after its scheduled
due date . The general assembly further finds and declares that comparable
protections do not exist to define the imposition of state and local
government delinquency charges upon citizens . This act is intended to
extend some of the protections found in the consumer protection laws to
citizens who receive good s or services from state and local governments but
who pay for such goods or services after a scheduled due date .
SECTION 2. Title ?.4. Colorado Revised Statutes, is amended BY
THE ADDmON OF A NEW ARTICLE to read :
c.pilal !cam illdicalo aew matorial added ID exilling ~ duh<s ll.taap wmdl iDdiclle
delcliom llan aillllla-llld mch~ 110tpmto/1C1.
FIFl'EEN DOLL.ill OR UP TO FIVE PERCl!NT PER MONTH, OR FRACTION
THEREOF, NOT TO EXCEED A TOTAL OF TWENTY-FIVE PERCENT OF THE
AMOUNT DUE, WHICHEVER. JS GREATER .
(4) NO MORE THAN THE AMOUNT SET FORTI! IN SUBSECTION (3) OF
THIS SECTION SHALL BE COLLECTED BY A '.OCAL GOVERN1'1ENT ON ANY
AMOUNT DUE REGARDLESS OF THE PER!Ot, OF TIME DURING WHICH THE
AMOUNT DUE REMAINS IN DEFAULT.
(5) IN THE EVENT TiiAT M AMOUNT DUE IS ONE OF A £ERIES OF
PAYMENTS TO BE MADE TOWARD TIIE SATISFACTION OF A SINGLE FEE, FINE,
PENAL TY , OR OTHER CHARGE ASSESSED BY A LOCAL GOVERNMENT,NO MORE
THAN THE AMOUNT SET FORTH IN SUBSECTION (3) OFTHIS SECTION SHALL BE
COLLECTED BY A LOCAL GOVERNMENT ON /,J,.'Y ONE OF SUCH PAYMENTS
REGARDLESS OFTHE PERIOD OF TIME DURL"I G WHICH TIIE PAYMENT REMAINS
IN DEFAULT .
(6) NO INTEREST SHALL BE ASSESSED ON A DELINQUENCY CHARGE .
(7) NOTHING IN TlilS SECTION SHALL BE CONSTRUED TO PROHIBIT A
LOCAL GOVERNMENT FROM CHARGING INTEREST ON AN AMOUNT DUE. !NNO
EVENT SHALL SUCH INTEREST BE CHARGED UPON A DELINQUENCY CHARGE
OR ANY AMOUNT OTHER THAN THE AMOUNT DUE IN NO EVENT SHALL ANY
SUCH INTEREST CHARGE EXCEED AN ANNUAL PERCENTAGE RATE OF
EIGiITEEN PERCENT OR THE EQUIVALENT FOR A LONGER OR SHORTER PERIOD
OF TIME . THE PROVISIONS OF TIDS SUBSECTION (7) RESTRICTING THE
CHARGING OF INTEREST SHALL Nar APPLY TO DELINQUENT INTER.EST
IMPOSED AFTER A TAX LIEN IS SOLD AT A TA,"( LIEN SALE PURSUANT TO
ARTICLE 11 OF TITLE 39, C.R .S.
(8) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PROHIBIT A
LOCAL GOVERNMENT FROM RECOVERING THE COSTS OF COLLECTION,
INCLUDING BUT NOT LIMITED TO DISCONNECTION OR RECONNECTION FEES,
REINSTATEMENT CHARGES , OR PENALTIES ASSESSED WHERE FRAUD IS
INVOLVED .
SECTION 4. Effective date -applicability. (!) This act shall take
effect January I, 2000, unless a referendum petition is filed during the
ninety-day period after final adjournment of the general assembly that is
allowed for submitting a referendum petition pw·suant to article V, section
I (3) of the state constitution. If such a referendum petition is filed against
PAGE 5-HOUSE Bll..L 99-1048
ANY AMOUNT DUE THAT IS PAID IN FULL WITHIN FIVE DAYS AfTER THE .
SCHEDULED DUE DATE .
(3) NO DELINQUENCY CHARGE SHALL EXCEED FIFTEEN DOLLARS OR
UP TO FIVE PERCENT PER MONTH, OR FRACTION THEREOF, NOT TO EXCEED A
TOTAL OF TWENTY-FIVE PERCENT OF THE AMOUNT DUE, V.'HICHEVER IS
GREATER.
( 4) NO MORE TIIAN THE AMOUNT SET FORTH IN SUBSECTION ('.:') OF
THIS SECTION SHALL BE COLLECTED BY THE s·:ATE ON ANY AMOUNT DUE
REGARDLESS OF THE PERIOD OF TIME DURJNG WHICH THE AMOUNT DUE
REMAINS IN DEFAULT.
(5) IN THE EVENT THAT AH AMOUNT DUE IS ONE OF A SERIES OF
PAYMENTS TO BE MADE TOW ARD THE SATISFACTION OF A SINGLE FEE, FINE,
PENAL TY, OR OTHER CHARGE ASSESSED BY THE ST ATE, NO MORE THAN THE
AMOUNT SET FORTH IN SUBSECTION (3) OF THIS SECTION SHALL BE
COLLECTED BY THE STATE ON ANY ONE OF SUCH PAYMENTS REGARDLESS OF
THE PERIOD OF TIME DURING WHICH THE PAYMENT REMAINS IN DEFAULT.
(6) NO INTEREST SIW.L BE ASSESSED ON A DELINQUENCY CHARGE.
(7) NOTHINGINTHISSECTIONSHALLBECONSTRUEDTOPRC,HIBITTHE
STATE FROM CHARGING INTEREST ON AN AMOUNT DUE . IN NO EVENT SHALL
SUCH INTEREST BE CHARGED UPON A DELINQUENCY CHARGE OR ANY
AMOUNT OTHER THAN THE AMOUNT DUE . IN NO EVENT SHALL ANY SUCH
INTEREST CHARGE EXCEED AN ANNUAL PERCENTAGE RATE OF E!Glfl"EEN
PERCENT OR THE ?:QU!V ALENT FOR A LONGER OR SHORTER PERIOD OF TIME .
(8) NOTHING INTHIS SECTION SHALL BE CONSTRUED TO PROHIBIT THE
STATE FROM RECOVERING THE COSTS OF COLLECTION, INCLUDING BUT NOT
LIMITED . TO DISCONNECTION OR RECONNECTION FEES OR PENALTIES
ASSESSED WHERE FRAUD IS INVOLVED.
SECTION 3. Article I of title 29, Colorado Revised Statutes, is
amended BY THE ADDITTON OF A NEW PART to read:
PART JI
LOCAL GOVERNMENT DELINQUENCY CHARGES
29-1-1101. Definitions As USED IN THIS PART 11, UNLESS THE
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