HomeMy WebLinkAbout2023 Ordinance No. 0061
BY AUTHORITY
ORDINANCE NO. 06 COUNCIL BILL NO. 01
SERIES OF 2023 INTRODUCED BY COUNCIL
MEMBER RUSSELL
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE SECTIONS
12-1A-4, 12-1A5, 12-1B-2, 12-2-3, 12-2-4, 12-5-5, AND 12-8-9 TO REMOVE
REFERENCES TO BILLING CYCLE TERMS, AND TO REVISE LANGUAGE
OF THOSE CODE SECTIONS FOR CONSISTENCY IN STYLE.
WHEREAS, Englewood Municipal Code provides in several sections that the City shall follow
specific billing cycles for City-provided utilities and services; and
WHEREAS, while some provisions of Englewood Municipal Code call for specific billing cycles
for City utilities, in practice, the City bills monthly for most utilities and bills no utilities quarterly as stated
in various sections of code; and
WHEREAS, removing specific requisite billing cycles lengths from Englewood Municipal Code
allows City Council to establish billing cycles when it establishes rates for utilities and City-provided
services; and
WHEREAS, various Englewood Municipal Code sections are inconsistent in style and
terminology, and therefore the code sections containing required billing cycles will be revised
simultaneously to implement consistent style and succinct language.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Englewood Municipal Code
Subsection F shall be added to Title 12, Chapter 1A, Section 12-1A-4 of Englewood Municipal Code to
read as follows (deleted provisions struck through; new provisions underlined):
12-1A-4: - Meter Requirements.
F. No person shall damage, deface, or tamper with any meter. Customers in violation shall pay the City
tampering fee, plus double the City’s cost and labor to repair and/or replace the meter and double the
cost of water that would have been payable for the lawful use of water (if applicable); and could be
subject to prosecution in Englewood Municipal Court.
Section 2. Amendment of Englewood Municipal Code
Title 12, Chapter 1A, Section 12-1A-5 of Englewood Municipal Code is hereby amended to read as
follows (deleted provisions struck through; new provisions underlined):
12-1A-5: - Turning on of Water.
A. The City will turn water on at any premises lawfully entitled to be served, upon request. Except
upon written order of the City, no one other than a duly authorized employee of the City under any
condition or circumstance shall turn on water for use in any premises when the water shall have been
turned off by the City, or at its order; provided, however, that a licensed plumber may turn on water to the
minimum extent necessary for the purpose of testing work, after which the same shall be turned off. The
City shall not be liable for any damages resulting in the turning on of the water either by City employees
or a licensed plumber.
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B. Any Person violating this section shall pay the City unauthorized use fee, double the City’s costs
and labor to repair any damage caused, and double the cost of water that would have been payable for the
lawful use of water.
Section 3. Amendment of Englewood Municipal Code
Title 12, Chapter 1B, Section 12-1B-2 of Englewood Municipal Code is hereby amended to read as
follows (deleted provisions struck through; new provisions underlined):
12-1B-2: Tapping and Cutting Off Mains.
A. At the applicant’s expense, the City shall tap all mains tapping of any main to makefor the
purpose of making a connection shall be done only by the City and at the expense of the applicant. The
corporation valve inserted in the main and the service pipe to be laid must be of the size specified in the
permit.
B. Only the City or a licensed and bonded plumber may cut The cutting off from mains may be
performed by either a licensed and bonded plumber or by City personnel. Should the applicant request the
City perform this work, the applicant shall pay double the City’s costs for In the event City personnel
perform the cutoff, including a charge equal to the City's labortime and materials will be due and payable
from the applicant. If an abandoned water service is not disconnected by the owner or by the City at the
owner’s request at the main in a timely manner, the property owner shall pay double the City’s costs,
including labor and materials, plus the City fee to disconnect service from the main may perform the
disconnection and may charge time and materials against the property either through the next regular
periodic quarterly water bill or by lien.
Section 4. Amendment of Englewood Municipal Code
Title 12, Chapter 2, Section 12-2-3 of Englewood Municipal Code is hereby amended to read as follows
(deleted provisions struck through; new provisions underlined):
12-2-3: Fees and Charges.
A. To fund Purpose. It is the purpose of this section to provide for the payment of all POTW
(publicly owned treatment works) costs, including costs of the City. The total annual cost of operation
and maintenance of the POTW, including shall include, but need not be limited to: labor, repairs,
equipment replacement, maintenance, necessary modifications, power, sampling, laboratory testing and a
reasonable contingency fund, every owner of real estate and/or POTW user The charges will be based
upon the quality and quantity of user's wastewater, and also upon the capital and operating costs to
intercept, treat, and dispose of wastewater, and shall be established by formal action of the City Council.
B. General. There is hereby levied and charged on each lot, parcel of land and premises served by or
having a City Wastewater connection with the Wastewater of the City or otherwise directly or indirectly
discharging Wastewater, industrial wastes or other liquids, either directly or indirectly, into the City
Wastewater system shall be responsible to pay the following as established by the City’s Fee and Rate
Schedule: an annual service charge which shall be computed and payable as follows:
1. The charge for wastewater treatment shall be based on the gallonage of water
delivered to the premises during the lowest water meter reading period falling between
September 1 through May 31 for service inside City and November 1 through April 30 for
service outside City. This gallonage shall be converted to an annual equivalent and
multiplied by the annual rate per one thousand (1,000) gallons provides the annual treatment
charge.
2. A charge for Wastewater Collection System Charge shall be established annually
by the City Council as part of their annual approval of the City's Fee and Rate schedule,
except where or by separate resolution, where premises are served by the City collection
system. Where the City does not own and maintain the collection system, the fee is paid only
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if authorized by City will collect charges for maintenance of same only when authorized by
the terms of contract between the City and the sanitation district.
2. A 3. The charge for Wwastewater treatment fee, which shall be the greater of the
City minimum fee or the rate computed as follows:
a. The City shall determine the lowest shall be based on the gallonage of water
delivered to the premises during a the lowest water meter reading period falling between
September 1 through May 31 for service inside City, and November 1 through April 30 for
service outside City. This gallonage shall be converted to an annual equivalent and
multiplied by the annual rate per one thousand (1,000) gallons to establish provides the
annual treatment charge.
b. Where multiple meters provide water to a single at any premises, the minimum fee
shall be the sum of the minimum charges for each meter. is taken through multiple meters,
the charge for wastewater treatment shall be based on the gallonage of water delivered to the
premises through all of the meters during the lowest water meter reading period falling
between September 1 through May 31 for inside City and November 1 through April 30 for
outside City, or the sum of the minimum charges for each meter, whichever is greater.
However, one (1) bill for all wastewater treatment, composed of the sum of minimum
charges for each meter used, or a single quantitative charge for all wastewater treatment may
be issued in the following cases:
a. Where water service is taken through a combination of meters or through meters
on two (2) or more service pipes, if water serviced through each of such meters and
service pipes is delivered and used on the same property for one (1) general purpose, or
the premises is a single enterprise on an integrated holding of land, undivided by public
streets, roads or alleys; and
b. For each public school entity, even though the meters may be situated on separate
properties.
4. Where water usage information is not available, wastewater service charges will
be based on a minimum charge established by ordinance and maintained in the City's Rate
and Fee Schedule.
35. Customers outside of the City limits Outside City customers shall pay a higher will
be charged an increased rate from the amount charged to than customers within the inside
City, established using customers for similar service to reflect industry-accepted
methodology for establishing appropriate outside City rates. These rates shall be included in
the flat rate and minimum rate tables establishing the rates charged to customers of the City.
6. Charges for service to customers inside the City limits shall be billed quarterly or
annually in advance. Charges for Wastewater only service outside the City may, at the
discretion of the City, be billed annually where this would not conflict with special
provisions of a connector's agreement. All bills are due and payable as of the billing date and
become delinquent thirty (30) days after the billing date for inside City and forty-five (45)
days after the billing date for outside City.
47. Annually the City shall review ratesUser charges shall be reviewed annually and
revised the City’s Fee and Rate Schedule as necessary periodically to reflect actual POTW
operation and maintenance treatment works O&M costs.
8. The rates charged by the City for all wastewater service shall be established by
ordinance, and maintained in the City's Rate and Fee Schedule.
BC. Exceptions.Special Cases:
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1. Schools. Any school operating on a nine-month (9) school year may apply and
submit proof of the school operation schedule, to pay which supplies documentation to the
City verifying the nine-month (9) schedule and which applies for a nine-month (9) operating
status, shall be billed seventy-six percent (76%) of the charges which would normally accrue
for similar usage by a residential customers.
2. The City may enter into mutually-agreeable alternative billing arrangements for
commercial users with insignificant summer irrigation or seasonal business fluctuations
(such as Industries, car washes) to estimate actual usage and other establishments where
summer irrigation water is not significant or where seasonal business fluctuations are more
significant than irrigation usage shall be billed based on annual rather than winter period
water usage.
3. Customers with delivery flow characteristics significantly different from those of
a single-family dwelling shall pay an additional readiness to serve fee as established by
ordinance and maintained in the City's Rate and Fee Schedule.
4. Other Cases. Where the procedures above are not applicable, or When a customer
establishes application of the above calculations same would work is inaccurate by at least
10 percent an obvious and significant injustice, to the customer, a rate shall be established
by the City shall consider an alternative rate based on reasonable estimates of projected flow.
CD. Permitted Industrial Users.
1. Industries that are permitted as Significant Industrial Users or holding have been
issued a Wastewater Control Permit and discharge wastewater with BOD, COD and/or TSS
in excess of Normal Domestic Strength Wastewater shall pay a City surcharge will be
charged for the cost of handling treatment of these wastes, calculated bybased upon the net
excess loading. The use of Imposition of surcharges does not authorizepermit the User to
otherwise exceeding any specified Local Limits specified, or Federal orand State
Pretreatment Standards.
2. The City shall require payment to cover the added cost surcharge of handling and
treating the wastes as established by ordinance and maintained in the City's Rate and Fee
Schedule.
3. The City shall calculate sSpecific individual rates will be calculated based on the
volume strength and rate of flow in accordance with current Federal guidelines, payable
within one (1) year of POTW service initiation. The City will adjust Adjustments to
individual rates will be made at least annually or more frequently, whenever evidence is
received that for a major change in wWastewater volume and/or characteristics.has occurred.
Payment will commence within one (1) year of the date of initiation of service through the
POTW.
34. Industrial Users in a identified for inclusion into an applicable Sector Control
Program shall pay a re-inspection fee, plus any additional costs incurred by the City may be
charged for the incurred by the City for every re-inspections required by the User’s due to
failure to correct non-compliances or violations identified during a sector control inspection.
A fee shall be established by Resolution of the City Council and maintained in the City's
Rate and Fee Schedule, for each inspection required until completion of violation remedy.
Such fee shall be established as a minimum of one hundred dollars ($100.00), but may be
modified by Resolution, and shall be set forth in the City's Fee and Rate schedule.
45. Sanitation District shall pay may be charged a City inspection fee, plus any
additional costs for the cost incurred by the City for each inspection of inspecting Industrial
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Users contributing Wastewater to the POTW from outside the City limits or otherwise
included in or added to, based on inspection results, the City's Fats, Oil, and Grease (FOG)
or Petroleum Oil, Grease and Sand (POGS) Sector Control Program. Such fee shall be
established by Resolution and maintained in the City's Rate and Fee Schedule. A fee shall
be established as a minimum of fifty dollars ($50.00) per inspection for facilities contributing
wastewater to the POTW from locations outside of the City boundary, but may be modified
by Resolution, and shall be set forth in the City's Fee and Rate schedule.
E. Restoration of Service. Wastewater service shall not be restored until all charges, including the
expense of termination and charge for restoration of service, have been paid.
DF. Billing, Delinquency, Collection. Procedures:
1. Charges Responsibility of Owner: All fees and charges shall be chargeable against
and payable by the owner of the premises receiving wastewater services.
2. Periodic Billing Statements. All charges and fees shall be billed periodically in
advance, and shall be delinquent if not paid in full by issuance of the next periodic billing
statement. A delinquent bill fee shall be added to the balance of all delinquent, outstanding
invoices.
a. The City shall cause billings for wastewater treatment and/or water charges to be
rendered periodically at rates established.
b. Billings for charges and any other notices shall be effective upon mailing said
billing or notice to the last known address of the user as shown on City records.
c. Service charges provided in this chapter shall be billed and paid in full within thirty
(30) days from date of billing for inside City and forty-five (45) days after the billing
date for outside City.
2. Accounts shall not be delinquent if the City approves partial payments under the
City’s payment plan policy, all payments are timely made as promised, and the invoice
is paid in full no more than three (3) months after the billing date. Partial payments may
be approved by the City Manager or designee on a case by case basis provided that the
total bill is paid in full no more than three months after the original billing date. The
City Manager or designee shall develop policies that set forth the conditions under
which a partial payment plan may be granted. The City shall bear no responsibility to
provide the customer with any kind of reminder notices.
3. When payment of City utility services is received, the payment shall be applied in
the following order; stormwater enterprise fund all concrete utility fund charges, all
wastewater fund charges and water fund charges. Partial payment of combined City utility
billing statements shall be applied as described in EMC § 12-5-5.
G. Delinquency and Collection:
1. Fees and charges levied in accordance with this chapter shall be paid to the City
within thirty (30) days from the date of billing for inside City and forty-five (45) days after
the billing date for outside City. If the bill is not paid within thirty (30) days from the date
of billing for inside City and forty-five (45) days after the billing date for outside City, it
shall be deemed delinquent, whereupon a delinquency fee shall be imposed for collection
services. The fee shall be established by ordinance and maintained in the City's Rate and Fee
Schedule.
42. Liens, Non-payment. All delinquent and unpaid Wastewater charges and fees
wastewater charges and surcharges, including, but not limited to, collection charges,
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pretreatment charges, monitoring charges, shall be a lien upon the real property from to
which the Wwastewater was discharged to the POTW. are connected from the date said
charges become due until said charges are paid. The legal owner(s) of such real property
shall be jointly and severally every structure or premises shall be liable to ensure payment
of the delinquent and unpaid charges and satisfy the lienfor all wastewater charges for users
on his premises, which lien of liability may be enforced by the City by action at law to
enforce the lien. In case the tenant in possession of any premises shall pay the wastewater
charges, it shall relieve the landowner from such obligations and lien, but the City shall not
be required to seek payment from any person whomsoever other than the owner of the
property for the payment of wastewater charges. The lien created hereunder shall be binding
on all successive owners of real property, even if the successor lacked actual knowledge of
the lien prior to assuming ownership. No change of ownership or occupation shall affect the
application of this subsection, and the failure of any owner to discover that he purchased
property against which a lien for wastewater service exists shall in no way affect his liability
for such payment in full. Said delinquent payments, and the lien created thereby, shall be
enforced by assessment upon the property and premises so served and certification thereof
to the County Treasurer for the collection under and in pursuance as provided for in this
Code.
5. The City Clerk may certify all delinquent and unpaid wastewater charges and fees
to the county treasurer where the real property from which the Wastewater was discharged
to the POTW is located, to be levied and collected pursuant to C.R.S. § 31-20-105.
EH. Disconnection. Clause:
1. The City may disconnect water and/or Wastewater service on any within the City
or contract areas served by the City for accounts delinquent more than ninety (90) days, if
the City gives thirty (30) days prior notice. Notice shall be given to the user or owner’s last
known address of user or owner thirty (30) days prior to disconnection. All costs of
disconnection shall be repaid at the time of reconnection; provided, that if the premises are
supplied with City water services, such service may be shut off until such rates and charges
for treatment and disposal of wastewater shall have been paid.
2. Wastewater service shall not be restored until all costs of disconnection,
restoration, notice, delinquent charges, and other Wastewater fees and costs including the
expense of termination and charge for restoration of service, have been paid, unless
otherwise required by applicable law. When the premises to which such service is provided
are located outside the limits of the City, failure to pay the rates and charges for treatment
and disposal of wastewater when due shall be cause for the City Clerk to certify to the
county commissioners of the county in which said delinquent user's property is located the
charges due and unpaid, on or before November 1 of each year as, and thereupon and until
paid, the same shall be a lien upon the real property so served by said wastewater system
and shall be levied, certified, received or collected by sale annually from year to year by
the proper county officials as are general taxes, and the proceeds therefrom remitted to the
City of Englewood; provided, that if the premises are supplied with City water services,
such service may be shut off until such rates and charges for treatment and disposal of
wastewater shall have been paid.
Section 5. Amendment of Englewood Municipal Code
Title 12, Chapter 2, Section 12-2-4 of Englewood Municipal Code is hereby amended to read as follows
(deleted provisions struck through; new provisions underlined):
12-2-4: Private Sewers, Connections and Repairs.
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A. Structures Buildings to Have Separate Connections. Each parcel containing one or more
structures requiring sanitary sewer service premises, property or building(s) situated on a premises
or property in a manner which would allow the premises or property to be subdivided and the
building(s) sold separately shall have be served by a separate service connection directly to athe
nearest main without crossing other adjoining parcelspremises or properties, or and no connection
shall be made by extending the service from one parcel to another property, premises or building to
another property, premises or building. Each structureseparate building in a planned unit
development requiring sanitary sewer service shall have a separate sewer service line connected to
the main. With the Water and Sewer Board’s review and approval, the City Manager’s designee may
grant a variance to this requirement if a written request establishes good cause why the requirement
imposes an undue burden and that an exception would not harm the City, its sanitary sewer or utility
service, or surrounding properties. Exceptions to this requirement may be granted by the City
Manager or designee with the concurrence 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 Parcelspremises, properties or buildings
which do not conforming to this requirement prior to its effective date may maintain their existing
service connection configurations unless and until the City Manager’s designee and the Water and
Sewer Board direct such time, in the opinion of the City Manager or designee with the concurrence
of the Water and Sewer Board, the service must be separated.
B. Old Existing Private Sewers. Upon structure demolition of an existing structure or replacement of
sewer lines, the use of existing or aging cast iron, clay tile or concrete sewer service pipes will not
be permitted by the City at new buildings. The old sewer service must be replaced from the structure
building to the main with approved pipe. The Water and Sewer Board may grant a variance to this
requirement for owner-occcupied property Owner/occupants of properties who desire to replace a
building with the intent to occupy it themselves may seek a variance from the Water and Sewer
Board if City Utilities staff determines the existing pipe is found by Utilities Department inspectors
to be in sound condition. Utilities staff Department inspectors may require testing at the owner’s
expense all necessary tests to conclusively establish the sound condition of the existing sewer
service pipe. At the property owner’s expense, abandoned private sewers shall be plugged at the
sewer main, inspected, and approved by the City and at the user's expense upon discontinuance of
service. The plug of the old private sewer must be inspected and approved by the City. Expenses
shall include the City’s A plan review and inspection fee will be charged by the City. City Utilities
staff may approve use of existing sewer saddles or wye connections may be used for new sewer
services if approved by Utilities Department inspectors. If an abandoned sewer service is not
disconnected at the main in a timely manner, the property owner shall pay double the City’s costs,
including labor and materials, plus the City fee to disconnect service from the main. If an abandoned
sewer service is not plugged at the main within thirty (30) days, the City may perform the
disconnection and may charge time and materials against the property either through the next regular
City water bill or by lien as provided in 12-1D-2 EMC.
C. Design and Construction. The size, slope, alignment, and materials of construction of a private
sewer, and the methods to be used in excavating, placing of pipe, jointing, testing, and backfilling
the trench and all other work shall conform to the requirements of the Building and Plumbing Code
or other applicable codes, laws, rules and regulations of Federal, State, and local entities.
D. Private Lift Stations. Sewage lift stations are shall be prohibited, except when the City Manager’s
designee determines in structures where it can be clearly demonstrated to the satisfaction of the City
Manager or his representative that the sewer discharge pipe cannot be located to allow gravity flow
to the public sewer. Sanitary sewage discharge from such structures shall be lifted and discharged to
the sewer by means of a Ssewage lift stations that shall be located inside the building to be served,
which sewage lift station shall be owned, operated, and maintained by the user. Outdoor sSewage
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lift stations require may be located outside buildings only with the approval of the Water and Sewer
Board approval, upon after submission of compelling evidence that no alternative arrangement is
feasibleor was possible and compliance with the following: . Outside building lift stations approved
by the Water and Sewer Board must have bolt-down, gasketed lids; vents that extend above the
building roofline; and water-tight containment structures with top rim elevations that extend at least
six inches (6") above the rim elevation of the nearest toilet bowl; and an agreement running with the
land to defend and indemnify the City from all damages and liability regarding the lift station.
Furthermore, the property owner shall enter into an agreement with the City of Englewood, which
agreement shall bind the owner and all future successors and assigns, whereby, should the lift station
overflow, the City shall be held harmless and indemnified against all State and Federal fines,
penalties and legal actions.
DE. Installation and Maintenance. The applicant shall pay aAll costs and expenses of
incidental to the installaingtion and connectingon aof the private sewer, including a licensed and
bonded shall be borne by the applicant who shall retain or employ a licensed sewer contractor or
plumber to connect and install the sewer and service line from the public sewer main to the
structuremake connection to and install a sewer. The applicant and
The service line from the public sewer main line to the structure to be served shall be installed by
the property owner at his/her expense. The owner shall hold the City harmless for any loss or
damage that may directly or indirectly causedbe occasioned by the installation of the service line or
the malfunction of any old private sewer.
The owner of any property connecting to the POTW shall be responsible for the maintainenance and
repair of the service line from the public sewer main to the structure to be served to ensure it
remains The owner shall keep the service line for which he/she is responsible in good condition, it is
not and shall replace at his/her expense any portions thereof which, in the opinion of the City, have
become damaged or disintegrated as to be unfit for further use, nor does it is in such condition to
permit infiltration into the system. All repairs shall be completed by a licensed and bonded
contractor within thirty (30) days after notification by the City and shall be completed by a bonded
contractor. The owner shall is be responsible to repair public right-of-way and improvements
damaged by any sewer line repair for returning the public right of way and the street to acceptable
City standards.
EF. Permit Required. Before commencement of Construction of a private sewage disposal
system requires a City permit, the owner shall first obtain a written permit signed by the City.
FG. Connection Requirement.
1. The holder of a applicant for the private sewer permit shall notify the City when
the private sewer is ready for inspection and connection to the public sewer; connection shall
only be made if all permit requirements were met, and only under City supervision. The
applicant must have secured a permit and have met all City requirements. The connection
shall be made under the supervision of the City's representative.
2. The City may require the owner of any structure used for human occupancy,
employment or activity , situate within the City, may be required at such owner's expense to
connect thesuch structure to a public sewer located, if such a public sewer is within four
hundred feet (400') of the property line of the property upon which the structure is located.
Such connection shall be made within ninety (90) days after service of notice from the City
is served by personal delivery or conspicuously posting on the property and mailing by
registered mail to the owner of record’s address on file with the Arapahoe County Assessor.
on the owner of the property affected; provided, however, that in the event compliance with
this Subsection causes A residential owner may receive a temporary exemption upon
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establishing a severe economic hardship resulting from compliance, for the duration of the
hardship. to said person, he/she may apply to the City for exemption from this Subsection.
Such applications shall state in detail the circumstances which are claimed to cause such
economic hardship. Such exemptions shall only be granted to residential users, shall not
apply to other users, and shall be granted only for such time as the demonstrated hardship
exists. Upon connection to the public sewer, any private sewage disposal system shall be
emptied, cleaned, and filled with dirt or sand.
Service shall be considered complete upon delivery of the notice to the owner of the property
or by posting a copy of the notice on the property in question in a conspicuous place and by
mailing a copy of such notice, registered mail, to the record owner of the property as disclosed
and at the address shown in the current records of the Arapahoe County Assessor.
3. If a public sewer is not available within four hundred feet (400') of the property
line of the property upon which a house or building is located, the owner shall utilize a
private sewage disposal system constructed in accordance with applicable regulations of the
Health Department shall be utilized to dispose of sewage.
4. In cases where a public sewer was not previously available within four hundred
feet (400') of the property line of a property but a public sewer later becomes later available
within such distance, the owner may 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
disposal system shall be emptied, cleaned and filled with sand or dirt.
45. It shall be unlawful for any person to deposit or discharge, or to cause any solid or
liquid waste to be deposited or discharged to any wastewater collection facilities any solid
or liquid waste unless through a City-approved connection approved by the City.
GH. Damage to POTW. No person shall Any person who maliciously, willfully, or negligently
breaks, damages, destroys, uncovers, defaces, or tampers with any POTW structure, appurtenance or
equipment which is part of the POTW shall be subject to such action and penalty as provided in
Section 12-2-6 of this Chapter and Section 12-2-5 for industrial users.
HI. Septic Waste Fees and Charges. A City permit is required for aThe wastewater or septic
tank waste hauler, and such haulers shall pay the City permit fee and fee permit fee shall be one
hundred dollars ($100.00). Charge for disposal of hauled wastewater or septage shall be nine cents
($0.09) per gallon.
IJ. New Construction Over Existing Sewer Service Lines. Prior to constructing If a property owner
wishes to build a new, permanent structure or an expansion of an existing structure, the owner shall
determine the location of the existing sewer service line and, if it is within the proposed construction
site, either relocate the line outside of the construction site or replace the line with material
appropriate for use inside the structure. over an existing sewer service line, whether the structure is
attached to an existing structure or unattached, the sewer service line shall be relocated away from
the new structure, or the service line will be replaced with pipe material approved for use inside a
building. If the location of an existing sewer service line is unknown, it shall be the property owner's
responsibility to determine, by whatever means necessary, the location of the service line to the
satisfaction of the City of Englewood.
Section 6. Amendment of Englewood Municipal Code
Title 12, Chapter 5 Section 12-5-5 of Englewood Municipal Code is hereby amended to read as follows
(deleted provisions struck through; new provisions underlined):
12-5-5: Billing and Payment of Fees.
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A. The Sstormwater fees shall be billed and collected with the periodically, and may be included on
a combined City utility quarterly water and sewer bill, for those lots or parcels of land utilizing
utilities and billed and collected separately as stormwater utility fees for those lots or parcels of land
not utilizing other City utilities.
B. The fees charged in each billing period are effective upon mailing athe bill or notice to the user’s
last known address of the utility user shown on the records of the City.
C. Stormwater fees All charges for the use of the stormwater utility prescribed by this Chapter are
due within one month thirty (30) days after billingthe date of the bill and are payable at the City.
D. Partial payment of stormwater fees and other City utility services shall be applied to City funds in
the following order: When payment of City utility services is received, the City shall apply said
payment to satisfy all Stormwater Enterprise Fund charges first, all Concrete Utility Fund charges
second, all Sanitary Sewer Fund charges shall be satisfied next, Wastewater, thenand lastly, Water
Fund charges shall be satisfied, in that order.
Section 7. Amendment of Englewood Municipal Code
Title 12, Chapter 8, Section 12-8-9 of Englewood Municipal Code is hereby amended to read as follows
(deleted provisions struck through; new provisions underlined):
12-8-9: Billing and Payment of Fees.
A. The Cconcrete Uutility fees shall be billed, charged, and collected, paid, and applied like
stormwater fees under EMC § 12-5-5. with the quarterly water and sewer bill for those lots or
parcels of land utilizing City utilities and billed and collected separately as for those lots or parcels
of land not utilizing City water and sewer utilities.
B. The fees charged in each billing period are effective upon mailing the bill or notice to the last
known address of the utility user shown on the records of the City's Utilities Department.
C. All charges for the use of the concrete utility prescribed by this Chapter are due within thirty (30)
days after the date of the bill and are payable at City Hall.
D. When payment of City utility services is received, the City shall apply said payment to satisfy all
Stormwater Enterprise Fund charges first, all Concrete Utility Fund charges second, all Sanitary
Sewer Fund charges shall be satisfied next, and lastly, Water Fund charges shall be satisfied, in that
order.
Section 8. Fee Amounts Established
The fees created herein shall be contained within the City’s Fee Schedule as follows:
EMC 12-1A-4(F) Meter Tampering Fee $300
12-1A-5(B) Unauthorized Water Use Fee $300
12-1B-2(B) City Main Disconnection Fee/
Failure to Disconnect $300
12-2-4(B) Abandoned Sewer Service Fee/
Failure to Disconnect $300
SECTION 9. General Provisions Applicable to this Ordinance
The following general provisions and findings are applicable to the interpretation and application of this
Ordinance:
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A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the application thereof
to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid,
such judgment shall not affect, impair or invalidate the remainder of this Ordinance or its application to
other persons or circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or conflicting with
this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.
C. 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
part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such
provision, and each provision shall be treated and held as still remaining in force for the purposes of
sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the
penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which
can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is
promulgated under the general police power of the City of Englewood, that it is promulgated for the health,
safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare. The City Council further determines that
the Ordinance bears a rational relation to the proper legislative object sought to be obtained. This Safety
Clause is not intended to affect a Citizen right to challenge this Ordinance through referendum pursuant to
City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be in the City’s official newspaper, the
City’s official website, or both. Publication shall be effective upon the first publication by either
authorized method.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized and
directed to execute all documents necessary to effectuate the approval authorized by this
Ordinance, and the City Clerk is hereby authorized and directed to attest to such execution by the
Mayor where necessary. In the absence of the Mayor, the Mayor Pro Tem is hereby authorized to
execute the above-referenced documents. The execution of any documents by said officials shall
be conclusive evidence of the approval by the City of such documents in accordance with the terms
thereof and this Ordinance. City staff is further authorized to take additional actions as may be
necessary to implement the provisions of this Ordinance.
G. Enforcement. To the extent this ordinance establishes a required or prohibited action
punishable by law, unless otherwise specifically provided in Englewood Municipal Code or
applicable law, violations shall be subject to the General Penalty provisions contained within
EMC § 1-4-1.
Introduced, read in full, and passed on first reading on the 3rd day of January, 2023.
Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 5th day of
January, 2023.
Published as a Bill for an Ordinance on the City’s official website beginning on the 4th day of
January, 2023 for thirty (30) days.
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Read by Title and passed on final reading on the 6th day of February, 2023.
Published by Title in the City’s official newspaper as Ordinance No. 06, Series of 2023, on
the 9th day of February, 2023.
Published by title on the City’s official website beginning on the 8th day of February, 2023
for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final passage.
Othoniel Sierra, Mayor
ATTEST:
Stephanie Carlile, City Clerk
I, Stephanie Carlile, 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 and published by
Title as Ordinance No. 06, Series of 2023.
Stephanie Carlile
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