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Home My WebLink About1996 Ordinance No. 001• ORDINANCE NO. / SERIES OF 1995/lgg(; BY AUTHORITY COUNCIL BILL NO . 72 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AMENDING TITLE 12 , CHAPTER ID, OF THE ENGLEWOOD MUNICIPAL CODE 1985 BY ADDING A NEW SECTION 6 ENTITLED ADMINISTRATIVE REVIEW AND APPEALS . WHEREAS, the City of Englewood·• current water utility code does not contain an appeal process; and WHEREAS, the proposed amendment provide& that any owner disputing a decieion , action or determination made by the Director of Utilities may petition for a h earing before the Englewood Water and Sewer Board; and WHEREAS , after the hearing before the Englewood Water and Sewer Board a decision will be made by the Board; and WHEREAS , if the Board's decision is unsatisfactory to the owner a further appeal may be made to Arapahoe Co unty Distriet Court; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: ~ The City Council of the City of Englewood, Colorndo hereby approves amending Title 12 , Chapter JO , of the Englewood Municipal Code by addin g a new Secti on 6 , Administrative Review and Appeals . Title 12 , Chapter 10, Section 6 , shall re d as follows : 12-10-6: ADMINISTRATIVE REVIEW AND APPEALS: A WHENEVER AN OWNER DISPUTES THE AMOUNT OF THE CHARGES MADE PURSUANT TO TffiS CHAPTER, OR DISPUTES ANY OTHER DETERMINATION MADE BY OR ON BEHALF OF THE CITY PURSUANT TO THIS CHAPTER, THAT PERSON MAY PETITION THE DIRECTOR OF UTI LITIES FOR A HEARING TO CORRECT OR MODIFY SUCH CHARGE OR DETERMINATION NO LATER THAN THIRTY (30) DAYS AFTER HAVING BEEN BILLED FOR SUCH CHARGE OR AFTER HAVING BEEN NOTIFIED OF SUCH DETERMINATION . B . UPON RE CF-lPT OF SUCH PETITION , THE DIRECTOR SHALL WITHIN THIRTY (30) DAYS AND UPON DUE NOTICE TO THE PETITIONER, HOLD A HEARING ON THE PETITION , TAJONG SUCH INFORMATION OR EVIDENCE AS MAY BE MATERIAL. THE DIRE CTOR SHALL RENDER ms DECl!,lON, IN WRITING , WITHIN TEN (10) DAYS . THE DIREL'TOR OF UTILITIES MAY CONDUCT S UC H A HEARING HIMSELF OR, AT HIS SOLE DISCRETION, MAY DESIGNATE A HEARING OFFICER WITH Al.7T HORITY TO HOLD SUCH HEARINGS. -1 - C. WHEN IT JS CLAIMED THAT THE TRUE INTENT OR MEANING OF THE CODE HAS BEEN MISCONSTRUED OR WRONGLY INTERPRETED BY THE DIRECTOR OF UTII.JTIES OR HIS DESJGNEE, ANY OWNER AGGRIEVED THEREBY MAY APPEAL FROM THE DECISION OF THE DIRECTOR OF UTILITIES OR HIS DESJGNEE TO THE ENGLEWOOD WATER AND SEWER BOARD . SAID APPEAL MUST BE BROUGHT WITHIN THIRTY-FIVE (35) DAYS FROM THE DATE THE DECISION IS RENDERED . D . IF AN APPEAL IS TIMELY FILED, THE WATER AND SEWER BOARD SHALL REVIEW THE DECISION OF THE DIRECTOR OF IJTILITIEO OR HIS DESJGNEE IN A HEARING WHICH SHALL BE HELD WITHIN SEVENTY-FIVE (75) DAYS FROM THE DATE THE APPEAL WAS FILED WITH THE BOARD. THE BOARD SHALL RENDER A FINAL DECISION THEREUPON WITHIN THIRTY-FIVE (35) DAYS . E. IN CONSIDERING SUCH APPEALS, THE ENGLEWOOD WATER AND SEWER BOARD SHALL HAVE THE POWERS GRANTED TO THE DIRECTOR OF UTILITIES UNDER THE ENGLEWOOD MUNICIPAL CODE . APPEAL HEARINGS BEFORE THE WATER AND SEWER BOARD SHALL BE QUASI.JUDICIAL IN NATURE AND SHALL BE GOVERNED BY THE PROCEDURES OF E .M.C. 1-10-2 . F . ALL DECISIONS OF THE WATER AND SEWER BOARD ON AN APPEAL SHALL BE FINAL AND BINDING UNLESS APPEALED TO THE DISTRICT COURT WITHIN THIRTY (3 0) DAYS FROM THE DATE OF THE WATER AND SEWER BOARD 'S DECISION. G . A REASONABLE , UNIFORM FEE TO DEFRAY THE EXPENSES OF THE HEARINGS MAY BE CHARGED BY THE WATER AND SEWER BOARD IF THE BOARD UPHOLDS THE DIRECTOR'S OR HIS DESJGNEE'S DE CISION ; PROVIDED THAT PROVISION SHALL BE MADE FOR THE WAIVER OF THE PAYMENT IN ALL INSTANCES OF PROVEN INDIGENCE . SUCH FEES SHALL BE SET B" THE CITY COUNCIL BY RESOLUTION . Introduced, read in full , and passed on first reading on the 18th day of December, 1995. Published as a Bill for an Ordinance on the 2 1st day of December, 1995 . Read by title and passed on final reading on the 2nd day of January, 1996. Pubhshed by title as Ordinance No .j...., Senes of 1996, on the 4th day of January, ~~~ ~ ~~/~ll){f!7 -2· • • • • I, Loucriehi• A. Ellia, City Clerk of the City of Englowood, Colorado, hereby certify that the above and foregoing is a true copy qftbe Ordinance puled on final reading and publiehed by title as Ordinance No . ..L, Seri .. of 1!195/1996. ~~(//4 Loucriahia A. Ellis -3- • COUNCIL COMMUNICATION Data Agenda Item December 16, 1995 11 a iii Subject Ordinance addition to the Water Utility Code Regarding Administrative Review and Appeal s INITIATED BY Ublities Department I STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Addition to the existing Wate r Utility Code. RECO MMENDED ACTI CN The Water and S-Board , at their October 10, 1995 meeting , recommended Council approval of Ordinance additi on to the Water Utility Code addressing the administrative review and appeals process . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In order to havA the water appeal process correspond to the Water Code , the attached ordinance addition to the Water Utility Code is proposed . The proposed change would provide that any owner who disputes a decision , action or determination made by the Director of Utilities be able to petition for a hearing. The Director shall act upon the petition within ten days . If the decision of the Director is unsatisfactory, a written petition may be filed with the Water and Sewer Board , whereas the Board will make a final ruling within the thirty-five days. If the decision of the Water and Sewer Board is unsatisfactory, further appea l shall be made to District Court. The Ordinance Additi on to the Water Code should be placed as an additional item under Rights Under L,cense , after 12-1A-3 , as 12-1A- 3 .5 . FINANCIAL IMPACT None UST OF ATTACHMENTS Ord inance Addition to the Water Utility Cod e . ADMINISTRATIVE REVIEW AND APPEALS : Any owner who disputes any decision, action, or determination made by or on behalf of the City pursuant to this Chapter may petition the Director of Utilities for a hearing on a revision or modification of such action, decision, or determination no later than thirty (30) days after the decision , action, or determination no later than thirty (30) days after the decision, action , or determination . Such petitions shall be in writing and shall set forth in detail the facts supporting the petition, whereupon the Director shall hold a hearing . The Director of Utilities may conduct such hearing himself, or at his sole discretion , may designate an office r or employee of the City as a hearing off,cer with authority to hold such hearings . The petition shall be acted upon by the Director within ten (10) days from the datd of hearing . The decision , action , or determination may be stayed during such period of review by the Director. If the decision ol th e Director is unsatisfactory to the person petitioning , a written appeal to the Water and Sewer Board may be filed with ten (10) days after the receipt of the decision . The Water and Sewer Board may hear the appeal and shall make a final ruling on the appeal within th irty-five (35) days of receipt of the written appeal. The decision, action or determination of the Director may be stayed during such period of review by the Water and Sewer Board . If the decision of the Water and Sewer Board is unsatisfactory to the person petitioning , they may ma ke further appeals to District Court. • • • • mrArl'U80UmON WILLDON AGl:NDAJl'ORSEOOND READING OFCB 71. RESOLUTION NO . SERIES OF l91H5 A RESOLUTION ESTABLISHING FEES FOR HEARINGS BEFORE THE WATER AND SEWER BOARD FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, this reoolution establiabes fees to be charged by the Englewood Water and Sewer Board to defray the expense of administrative reviews and appeals under E.M.C . 12-10-6; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, THAT: ~-Fees for adminiotrative reviews and appeals under E .M.C. 12-10-6; before the Englewood '.'later and Sewer Board of the City of Englewood shall be : A . A fee of$75.00 will be chBrl,'ed for appeR!s before the Englewood Water and Sewer Board . B . T Je $75 .00 fee shall be waived if the applicant prevails or proves that he 1.. .;he is iadigent . ADOPTED AND APPROVED this_ day of ____ , 1995 . ATTEST : Thomas J . Bums, Mayor Loucrishia A. Ellis, City ci;;i, I. Loucrishia A. Ellis , City Clerk for the City of Englewood . Col orad o, hereby certify the above is a true copy of Resol ution No. _, Series of 1995 . Loucrishi a A. E l b s