HomeMy WebLinkAbout2023 Ordinance No. 039
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ORDINANCE COUNCIL BILL NO. 37
NO. 39 INTRODUCED BY COUNCIL
SERIES OF 2023 MEMBER ANDERSON
AN ORDINANCE AMENDING ENGLEWOOD MUNICIPAL CODE
SECTIONS 12-1-1, 12-1-4, 12-1A-3, 12-1A-5, 12-1A-6, 12-1A-7, 12-1A-
8, 12-1A-9, 12-1A-10, 12-1A-11, 12-1B-1, 12-1B-2, 12-1B-4, 12-1B-6, 12-
1B-9, 12-1D-1, AND 12-1D-3 TO ADDRESS CITY RIGHT TO
ACCESS PROPERTY FOR INSPECTIONS OF CUSTOMER-SIDE
CONNECTIONS AND TO REVISE LANGUAGE OF THOSE CODE
SECTIONS FOR CONSISTENT TERMINOLOGY
WHEREAS, under Englewood Municipal Code Section 12-1-2, the City Council
of the City of Englewood may alter rules and regulations regarding the Municipal Water
System to promote public peace, health, and safety; and
WHEREAS, the City Council seeks to address the needs of the City and take
proactive measures to ensure the water quality at every tap of Utility customers meets the
water quality standards specified by the Federal Safe Drinking Water Act, the
Environmental Protection Agency (“EPA”), and the Colorado Department of Public Health
and Environment (“CDPHE”); and
WHEREAS, as a first step in a multi-phase project to achieve these goals, the City
requires the ability to access customer property to assess the material and specifications
comprising the customer-side service line connecting to the City’s utility system as well as
to access other areas of customer property to supply water service consistent with
Englewood Municipal Code; and
WHEREAS, various Englewood Municipal Code sections are inconsistent in style
and terminology or are inefficient to administer, and therefore the code sections containing
updated terminology and updates for more efficient administration will be revised
simultaneously to implement consistent style, succinct language, and efficiency; and
WHEREAS, the Water and Sewer Board has recommended Council adopt changes
to Englewood Municipal Code to achieve these goals; and
WHEREAS, the Englewood City Council finds and declares that the adoption of
amendments to Title 12, Chapter 1 to the Englewood Municipal Code as set forth herein
are needed to facilitate the first step of a multi-phase effort at the reduction of lead and
copper service lines and are proper for the reasonable needs and desires of the City and in
the promotion of the public health, safety, and welfare of the City’s residents and visitors.
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. Amendment of Englewood Municipal Code
Title 12, Chapter 1, Section 12-1-1 of Englewood Municipal Code is hereby amended to
read as follows (deleted provisions struck through; new provisions underlined):
12-1-1: Definitions.
The following definitions shall apply to As used in this Chapter, the following words
and phrases shall have the following meanings:
A. Air Gap: A physical separation of the potable and the nonpotable water systems by
an air space (air gap). This will be a vertical distance between a supply pipe or faucet
supplying potable water and the flood rim of a tank, pumping fixture or other device that
holds or collects nonpotable water. The distance between the two (2) will be at least two
(2) times the diameter of the potable outlet but never less than one inch (1″). In the case
where an emergency bypass of an air gap is needed, an approved reduced pressure principle
device shall be installed within the bypass.
B. Approved: Accepted by the City as meeting the specification stated or cited in this
Chapter.
C. Auxiliary Water Supply: Any water supply on or available to the premises other
than the purveyor's approved public potable water supply. This auxiliary supply may
include water from another purveyor's public potable water supply or any natural source(s)
such as a well, spring, river, stream, etc., or reused waters or "industrial fluids." These
supplies may be polluted or contaminated or may be objectionable and constitute an
unacceptable water source over which the City does not have sanitary control.
D. Back Pressure: Backflow caused by a pump, elevated tank, boiler or means that
could create pressure within the system greater than the supply pressure.
E. Back Siphonage: The flow of water or other liquids, mixtures, or substances into
the distribution system of the potable water supply system from any source caused by the
sudden reduction of pressure in the potable water supply system.
F. Backflow Preventor: A device or means designed to prevent backflow or back
siphonage.
Bonded Plumber: A person licensed as a master plumber under the laws of the State
of Colorado and under bond to the City as provided herein.
G. Certified Inspector and Tester: A State certified tester from the City will inspect,
test, and certify all approved devices. If additional inspectors and testers are needed, the
City will provide a list of certified inspectors and testers.
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H. Check Valve: A self-closing device which is designed to permit the flow of fluids
in one direction and to close if there is a reversal of flow. The single check valve is
considered to be an approved backflow prevention device only in limited instances and
only on individual review by the City.
City: The City of Englewood, Arapahoe County, Colorado, vested with the authority
and responsibility for the enactment and enforcement of this Chapter, acting by and through
its City Council under the home rule charter, statutes and ordinances of said City of
Englewood.
City Manager: Chief administrative officer of the City of Englewood.
I. Contamination: An impairment of the quality of the potable water by sewage,
industrial fluids or waste liquids, compounds or other materials to a degree which creates
an actual hazard to the public health through poisoning or through the spread of disease.
J. Critical Level: Level C-L or C/L marking on a backflow prevention device or
vacuum breaker which is a point conforming to approved standards and established by the
testing laboratory (usually stamped on the device by the manufacturer) which determines
the minimum elevation above the flood-level rim of the fixture or receptacle served at
which the device may be installed. When a backflow prevention device does not bear a
critical level marking, the bottom of the vacuum breaker, combination valve, or the bottom
of any such approved device shall constitute the critical level.
K. Cross Connection: Any physical arrangement whereby a public water supply is
connected, directly or indirectly, with any other water supply system, sewer, drain, conduit,
pool, storage reservoir, plumbing fixture, or other device which contains, or may contain,
contaminated water, sewage, or other waste or liquid of unknown or unsafe quality which
may be capable of contamination to the public water supply as a result of backflow. Bypass
arrangements, jumper connections, removable sections, swivel or changeover devices, and
other temporary or permanent devices through which, or because of which, backflow could
occur are considered to be a cross connection.
L. Cross Connections Controlled: A connection between a potable water supply
system and a nonpotable water system with an approved backflow prevention device
properly installed that will continuously afford the protection commensurate with the
degree of hazard.
M. Customer's-Side Service Line System:
1. Residential. The water service line from the curb line stop box into the structure to
the first shut-off valve inside the property.
2. Industrial and Commercial. The water line from the water main to the structure.
3. All of the building's plumbing is part of the Ccustomer's-sSide Sservice Lline
system.
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N. Degree of hazard: The evaluation of the potential risk to public health and the
adverse effect of the hazard upon the potable water system. There are several categories,
some of which are health hazard, plumbing hazard, pollutional hazard and system hazard.
O. Distribution System: The network of water pipes, hydrants, valves and
appurtenances including mains and service lines, owned and operated by the City and/or
Utility Includes the network of conduits used for the delivery of water from the Ssource to
the Ccustomer's sSide Service Line system.
P. Double Check Valve Assembly: An assembly of two (2) independently operating,
approved check valves in one casing with tightly closing shut-off valves on each side of
the check valves, plus properly located test cocks for the testing of each check valve. The
entire assembly shall meet the City's approval.
Q. Flood-Level Rim: The edge of the receptacle from which water overflows.
R. Galvanized Requiring Replacement (“GRR”): A water service line constructed of
galvanized iron or steel, that is currently or has previously been connected to lead material.
The Utility will assume all galvanized material in the distribution system to be classified
as GRR. The term includes the Customer-Side Service Line and/or the Utility-Side Service
Line.
S. Hose Connection Vacuum Breakers: A single check with atmospheric vacuum
breaker vent. Installation is directly on hose bibbs, service sinks and wall hydrants, not for
continuous pressure.
T. Industrial Fluids System: Any system containing a fluid or solution which may be
chemically, biologically or otherwise contaminated or polluted in a form or concentration
such as would constitute a health, system, pollutional, or plumbing hazard if introduced
into an approved water supply. This may include, but not be limited to: polluted or
contaminated waters; all types of process waters and reused waters originating from the
public potable water system which may have questionable sanitary quality; chemicals in
fluid form; plating acids and alkalies; circulated cooling waters that are chemically or
biologically treated or stabilized with toxic substances; contaminated natural waters such
as from wells, springs, streams, rivers, irrigation canals or systems, etc.; oils, gases,
glycerine, paraffins, caustic and acid solutions and other liquid and gaseous fluids used in
industrial or other purposes or for fire fighting purposes.
U. Irrigation System: An automated or mechanical means of watering (turf, shrubs,
trees, plants or any organic growth).
V. Lead Service Line (“LSL”): A water service line constructed of lead. The term
includes the Customer-Side Service Line and/or the Utility-Side Service Line.
W. License: The permission to use water for the purpose specified in the authority to
use.
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X. Licensee: Any person, corporation, governmental authority or agency authorized to
use water under a license.
Y. Nonpotable Water: Water that is not safe for human consumption or that is of
questionable potability.
Z. Plumbing Contractor: A person, firm, corporation or other entity licensed by the
State of Colorado as a master plumber and under bond to the City to perform plumbing
work in the City.
AA. Pollution: The presence of any foreign substance (organic, inorganic, radiological
or biological) in the water that may degrade the water quality so as to constitute a hazard.
BB. Potable Water: Water free from impurities in amounts sufficient to cause disease
or harmful physiological effects, conforming with State of Colorado drinking water
regulations.
CC. Premises: A tract of land with buildings thereon.
DD. Property: Property as defined in EMC § 15-1-2.
EE. Property Owner: A person or legal entity having a possessory interest, legal or
equitable, in property, which defined term includes an estate, trust or lien.
FF. Reduced Pressure Principle Device: An assembly of two (2) independently
operating, approved check valves in one casing with an automatically operating differential
relief valve between the two (2) check valves, tightly closing shut-off valves on either side
of the check valves plus properly located test cocks for the testing of the check and relief
valves. The entire assembly shall meet the design and performance specifications and
approval of the City.
GG. Reuse Water: Any or all water that has been from the potable water supply and
mixed, used or altered in any way that or would constitute a health or potential hazard.
HH. Service Line or Pipe: All piping lawfully installed between the water main (or an
extension thereof) and the licensee's property lines.
II. Source: Includes all components of the facilities utilized in the production,
treatment, storage, and delivery of water to the distribution system.
JJ. Submerged Inlet: A water pipe or extension thereto from a public water supply
terminating in a tank, vessel, fixture or appliance which may contain water of questionable
quality, waste or other contaminant and which is unprotected against backflow.
KK. Utility-Side Service Line: The City-owned portion of the water service line from
the water main to the inlet of the curb stop, not including the curb stop.
LL. Utility System: The source facilities and the distribution system and shall include
all those facilities of the water system under the complete control of the utility up to the
point where the customer-side service line system begins.
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MM. Vacuum: Any pressure less than that exerted by the atmosphere.
NN. Vacuum Breaker, Atmospheric Nonpressure, Type: A vacuum pressure breaker
designed so as not to be subjected to static line pressure or installed where it would be
under pressure for not more than twelve (12) hours in any twenty four (24) hour period.
OO. Vacuum Breaker, Pressure Type: A vacuum breaker designed so as to be subjected
to static line pressure. The single unit will be supplied with shut-off valve on each side and
ball type test cocks.
PP. Water Service Connection: The terminal end of a service connection from the
public potable water system where the water purveyor utility loses jurisdiction and sanitary
control over the water system (see definition of customer's -side service line system). There
shall be no unprotected takeoffs from the service line ahead of any meter or backflow
prevention device located at the point of delivery to the customer's water system. Service
connection shall also include water service connection from a fire hydrant and all other
temporary or emergency water service connections from the public potable water system.
QQ. Water System: All plant facilities and distribution mains owned and operated by the
City of Englewood that are involved in the production, treatment, or distribution of water
to the City’s customers. and shall be considered as made up of two (2) parts: the utility
system and the customer system.
Section 2. Amendment of Englewood Municipal Code
Title 12, Chapter 1, Section 12-1-4 of Englewood Municipal Code is hereby amended to
read as follows (deleted provisions struck through; new provisions underlined):
12-1-4: Work to be Done by Plumbers.
All work on water pipes or fixtures which are connected to the City's potable water
distribution system and which are located from the curb stop to a point one foot (1') inside
the building shall be accomplished by a licensed pPlumbering Contractor under bond to
the City.
Section 3. Amendment of Englewood Municipal Code
Title 12, Chapter 1A, Section 12-1A-3 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1A-3: Rights Under License.
A License shall only grant the Licensee the right to utilize water under the terms of
the License, and creates no ownership or other rights. The City may revoke a License by
sending notice via first class mail to the affected property for: violation of any term of the
License; violation of any provision of this Chapter, EMC regarding the City’s Water
System or Utility System, or applicable City regulations; Neither the granting of such
license nor any act, circumstance or condition shall operate to create any vested or
proprietary right whatsoever in the licensee, but shall give the licensee the right to use
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water for the purposes specified in the license, subject to termination of such license as
herein provided. Every license to use water shall be subject to revocation and shut-off by
the City and shall be subject to the charge of reasonable expenses after notice for items
required by this Title pertaining to use of water when the property owner refuses to comply
with the Englewood Municipal Code, without obligation upon the City to refund or repay
any consideration which may have been given for the granting of such license, and without
any obligation upon the City whatsoever, for any one or more of the following reasons:
A. Ffailure to pay proper charges when due;
B. Failure to comply with this Chapter and applicable rules and regulations of the
City.
C. Use of water for a purpose not authorized by license.
D. Wwaste of water; or any other basis authorized by law. When a License is so
revoked, the City shall retain any consideration paid to obtain a License, and the
Licensee shall reimburse the City its reasonable expenses.
Section 4. 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 Plumbing
Contractor 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 Plumbing Contractor.
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 5. Amendment of Englewood Municipal Code
Title 12, Chapter 1A, Section 12-1A-6 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1A-6: Sprinkling Irrigation Privileges.
A. Unless water is used through a City meter, a License shall be required A sprinkling
irrigation privilege to irrigate lawns, shrubs and gardens, will not be granted
unless a license is taken for all purposes for which water is used on the premises
served, and no privilege for irrigation will be issued for less than the season rate
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unless the licensee is receiving and paying for water through a meter, in which
case no separate sprinkling privilege is required.
B. City Council (or the City Manager’s designee, in times of emergency) may impose
restrictions on water usage and/or irrigation While it is the purpose of the City to
maintain a water supply adequate to meet all needs of the inhabitants of the City,
including irrigation without restrictions, there are many elements which make it
uncertain whether the supply can always be adequate for all, and therefore, in
times of extreme shortage or operation difficulties, water service for irrigation
shall be curtailed by such restrictions as are deemed necessary by the City
Council in the case of shortage, or by the City Manager or designee in the case
of operation difficulties, or emergencies.
Section 6. Amendment of Englewood Municipal Code
Title 12, Chapter 1A, Section 12-1A-7 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1A-7: Unauthorized Use, Waste of Water.
A. Unauthorized Use. Any unauthorized use of water supplied by the City shall be paid
for at the same rate as if the same had been authorized, together with the cost incurred
by the City in discovering and eliminating the unauthorized use. Such payment shall
not in any way affect any liability or penalty which may be imposed for such
unauthorized use. Unauthorized use of water from the distribution system is
prohibited, including using water before a meter is set, tampering with a meter,
illegally diverting water, or using water the City has turned off under EMC § 12-1-D4
before the City restores service. In addition to any applicable liability or penalties
under law, any unauthorized water use will be charged at the same rate as authorized
use, the unauthorized use of water fee set by City Council, plus any additional costs
incurred by the City arising out of the unauthorized use.
B. Waste. Water shall be used only for beneficial purposes and shall never be wasted.
Water shall not be left running to keep pipes from freezing. Water for irrigation of
lawns shall only be used during the hours and in the manner specified by the City
Manager’s or designee. No spray or sprinkler shall be placed in a position to throw
water on a public walk, driveway, street or alley while irrigating adjacent areas, unless
except insofar as may be absolutely necessary.
Section 7. Amendment of Englewood Municipal Code
Title 12, Chapter 1A, Section 12-1A-8 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1A-8: Damage to Fixtures, Responsibility.
The City, in any capacity, shall not be responsible or liable for damages to the
Customer-Side Service Line or any privately owned piping or fixtures served by or
connected to the water system, whether located in or upon public or private property, nor
for damage to any person whomsoever or property whatsoever resulting from the existence,
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use, arrangement of or accident to such water system; except, however, under the following
conditions:
A. Residential Water Lines.
1. The City shall repair, replace, lower or thaw residential service lines within
the public right of way as defined under § EMC 11-7-2, and under the
following conditions:
a. A leak exists or occurs in that section of the licensee's service within
the public right of way, i.e., between the curb stop and the supply main.
b. The service line within the public right of way shall freeze or fail as a
result of freezing.
2. Should the City determine that the licensee or the consumer service line in
the public right of way must be lowered because of exposure to damage
from freezing, the licensee or consumer shall take necessary precautions to
either:
a. Lower the service line from curb stop to the premises served, or
b. Take whatever precautions would be necessary to avoid service line
failure between curb stop and the licensed premises by means
approved by the City.
3. Should the licensee or consumer fail or refuse to take such necessary
precautions to avoid failure of the service line from curb stop to the licensed
premises, then the City shall not be held liable or accountable for damages
because or on account of such failure.
4. In the event that the licensee or consumer desires or shall desire to lower the
service line from the licensed premises to the curb stop, the City shall also
lower the service line from curb stop to the supply main in order to avoid
failure of said line in the public right of way. The City may take such other
or different action to provide that the service line in the public right of way
shall not fail as a result of the lowering of the service line from the licensed
premises to the curb stop.
5. In the event that the City is requested to and does thaw or otherwise provide
related services for a frozen or cold-damaged residential service line that is
not in the public right of way but is on a licensee's private property, the
licensee shall pay a fee to the City amounting to the fair market value of the
services provided for thawing or other aid in restoring service to the
property, but in no event less than one hundred dollars ($100.00). This fee
shall not be imposed if the licensee's request for thawing or other services
is his or her first such request and if the licensee has followed any and all
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previous recommended precautions from the City regarding the location of
the lines and the risk of freezing.
B. Commercial Service Lines. The City shall not be responsible for the repair or
replacement of service lines to commercial properties, or properties with
combined residential and commercial use where these lines are a part of the
Ccustomer's-Side Service Line system as defined in this Title.
C. Permittee Responsibility. In any event, the City is not obligated to perform such
services nor to provide any protection from leaks or freezing on either residential
or commercial property, which is solely the responsibility of the permittee.
Section 8. Amendment of Englewood Municipal Code
Title 12, Chapter 1A, Section 12-1A-9 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1A-9: Right to Shut Off Water for Repairs.
The City reserves the right at any time, but after reasonable notice to all concerned, to
shut off the water in its mains for the purpose of making repairs, extension or for other
useful or necessary purposes. In case of emergency, reasonable notice is waived. No water
user shall be entitled to any damages or to have any portion of payment refunded for any
stoppage of water supply, however the same may be occasioned. All persons having boilers
or other appliances on their premises, depending on pressure of water in pipes, or upon a
continual supply of water, shall provide at their own expense suitable safety appliances to
protect their property in case of stoppage of water supply or loss or pressure.
Section 9. Amendment of Englewood Municipal Code
Title 12, Chapter 1A, Section 12-1A-10 of Englewood Municipal Code is hereby
amended to read as follows (deleted provisions struck through; new provisions
underlined):
12-1A-10: Protection from Freezing.
All licensees shall keep their service pipes Customer-Side Service Lines, stop valves,
heaters, fixtures and other apparatus for the use of water in good repair and protected from
freezing or any other damage at their own expense. The property owner shall place and
maintain a brass stop and waste valve inside the basement of any building in which water
is to be used, at the lowest point practicable on the Customer-Side Service Lineservice pipe
entering the building and as close as feasible to the wall through which said Customer-Side
Service Lineservice pipe enters and easily accessible so that the water may be turned on or
off by the user or occupant. When necessary, the licensee shall cut off the water supply
from the premises at the stop and waste valve, and drain the water from the pipes to prevent
freezing and other damage.
Section 10. Amendment of Englewood Municipal Code
Title 12, Chapter 1A, Section 12-1A-11 of Englewood Municipal Code is hereby
amended to read as follows (deleted provisions struck through; new provisions
underlined):
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12-1A-11: Inspection; Access to Premises Property.
For inspection of Customer-Side Service Lines, meter installation, and meter reading
purposes, duly authorized employees of the City shall be allowed free access at all
reasonable hours to any building or premises property where water is used. All such
employees shall carry a City identification card signed by the City Manager and shall
display the same upon request to the occupant of any premises to which access is sought.
The Areas of the property deemed reasonably necessary by the City to conduct such
inspection, including the Ccustomer's-Side Service Line, system shall be open for
inspection at all reasonable times to authorized representatives of the City to inspect for
safety hazards, Customer-Side Service Line material and specifications, and violation of
EMC.to determine whether cross-connections or other structural or sanitary hazards,
including violations of these regulations, exist. When such a condition becomes known,
Should access be denied or the City discover a violation of EMC, or State or Federal
statutes relating to plumbing and water supplies or the regulations adopted pursuant thereto,
the City may deny or immediately discontinue service to the premises by providing for a
physical break in the service line until the customer has corrected the condition(s) in
conformance with State and City statutes relating to plumbing and water supplies and the
regulations adopted pursuant thereto. The City shall not be liable for any damages resulting
from any inspection or disconnection of service under this Chapter.
Section 11. Amendment of Englewood Municipal Code
Title 12, Chapter 1B, Section 12-1B-1 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1B-1: Permit and Notice Required.
A. Permit. Except as herein otherwise specifically authorized, no person shall it shall be
unlawful for any person to make any physical connection to any of the pipes or
facilities of the City water system Water System, or to any privately owned or publicly
owned extensions thereof, without the property owner (or owner’s authorized agent)
of the Property to be served first applying for a City permit making application
therefor. Such application shall be in writing and shall be filed with the City by the
owner of the property to be served or his authorized agent. Such application shall
contain a full description of the premises to be served and the fixtures to be supplied.
A permit for the work will be granted upon the condition that all rules and
specifications respecting connections shall be fully observed.
B. Notice. Any person shall give notice to the City about to install service pipe shall give
notice at the City fixing the day on which he wishes the City main to be tapped. Such
notice shall be given at least twenty four (24) WORKING hours before tapping a City
main to install a Customer-Side Service Line the tap is to be made. The corporation
valve inserted in the distribution main and the Customer-Side Service Line service
pipe to be laid must be of the size specified in the permit.
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Section 12. 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. The corporation valve inserted in
the main and the service pipe Customer-Side Service Line laid must be the size specified in the
permit.
B. Only the City or a licensed and bonded plumber Plumbing Contractor may cut off from
mains. Should the applicant request the City perform this work, the applicant shall pay double the
City’s costs for the cutoff, including the City's labor and materials. 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.
Section 13. Amendment of Englewood Municipal Code
Title 12, Chapter 1B, Section 12-1B-4 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1B-4: Service Pipe Specifications.
A. Specifications of Service Pipe: Customer-Side Service Lines and Utility-Side Service
Lines service pipe must be of the following specifications:
1. Copper Pipe: All service pipe shall be not less than Type "K" soft copper tubing
conforming to standard specifications.
2. Service Pipes: Service pipes shall extend into the premises or riser as specified,
and in no case shall be smaller than three-fourths inch (¾") diameter. All
sillcocks, faucets or hydrants used for irrigation purposes shall be fed through a
three-fourths inch (¾") pipe or larger.
3. Other materials may be used only upon the express approval of the City.
B. Placement of Service Pipe: All service pipes must be laid at least five feet (5') below
the established grade of the street in which they shall be laid and in all places at least
five feet (5') below the surface of the ground. All service pipes shall be located such
that there is a five foot (5') minimum horizontal and an eighteen inch (18') minimum
vertical separation from all other underground utilities including, but not limited to,
sewer pipes, gas pipes, electrical, telephone and other cables. All plumbing shall be
so installed and of such material as to withstand safely the perils surrounding their
condition of operation and use.
Section 14. Amendment of Englewood Municipal Code
Title 12, Chapter 1B, Section 12-1B-6 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
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12-1B-6: User to Provide Curb Stop.
Every owner of property using water shall provide a curb valve stop on the service
pipe outside of his/her their premises protected by a valve box, by means of which the
water may be turned on or off from the premises by any employee of the City, and shall
maintain the same in good working order. In the case of properties where the domestic
water supply is connected to a fire line, the domestic water connection to the fire line shall
be at the property line and both the fire line and the domestic water service shall be
protected with curb valves by which the two services may be shut off independently at
property line. The valve box shall be so maintained that at all times it will be conveniently
accessible in good order for turning water on and off with the cover at the level of the
adjacent ground. If the Property Owner fails to maintain the curb stop in working order,
the City will replace the curb stop and a fee for labor shall be assessed as set by City
Council, which shall be due and payable by the Property Owner and shall be billed to the
property by the City within thirty (30) days after the service has been performed. If City
personnel are required to clean out a Property Owner's valve box, for whatever reason,
either at the request of the Property Owner for an emergency or for a delinquent turn-off,
a fee as set by City Council for labor shall be assessed, which of thirty dollars ($30.00)
shall be due and payable by the Property Owner and shall be billed to the Property by the
City within thirty (30) days after the service has been performed. The City does not assume
any obligation nor acquire any liability whatsoever for damage to the connecting Property
or any portion thereof or to any other properties caused by or resulting from any
maintenance or construction work undertaken under this Section.
Section 15. Amendment of Englewood Municipal Code
Title 12, Chapter 1B, Section 12-1B-9 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1B-9: Street Cuts.
Any licensed plumber Plumbing Contractor who shall make a cut or excavation in a
street for the purpose of installing a service pipe shall first obtain a permit from the City
and shall pay the charges established by Section EMC § 11-3C-3 of this Code to cover
replacement of the pavement or other surfacing.
Section 16. Amendment of Englewood Municipal Code
Title 12, Chapter 1D, Section 12-1D-1 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1D-1: Rates.
A. Flat Rate. A licensee on scheduled flat rate shall pay the full rate as set shall be
fixed by resolution of the City Council and in effect at the time, for all the uses and purposes
for which water may be used under thehis/her license without respect to the quantity of
water which shall be used. No deduction will be made from the rates on account of any
fixture not being used. If fixtures have been installed that are not wanted, a bonded plumber
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Plumbing Contractor, upon obtaining a proper permit, may completely disconnect them
from service pipes and waste pipes, whereupon, after inspection, the charge for their use
will cease during the time they shall remain so disconnected.
B. Metered Rate. The rates for metered service shall be fixed by resolution of the City
Council; provided, however, that one bill, for all water used, composed of the sum of
minimum charges for each meter used and a single quantitative charge for all water used,
may be issued in the following cases:
1. 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 shall be delivered and used on the same
property holding in the prosecution of one general purpose, or a single
enterprise on an integrated holding of land, undivided by public streets,
roads or alleys; and
2. For all public schools, even though the meters may be situated on separate
properties.
Section 17. Amendment of Englewood Municipal Code
Title 12, Chapter 1D, Section 12-1D-3 of Englewood Municipal Code is hereby amended
to read as follows (deleted provisions struck through; new provisions underlined):
12-1D-3: Refund of Charges.
Refunds of scheduled charges will be made for any portion of a property which
shall have been vacant, provided such vacancy shall have been reported to the City in
writing and athe vacancy inspection shall have been made. Refunds shall date from receipt
of notice. Refunds shall also be allowed in cases where services are turned off by the City
and proper charge for such turnoff shall have been paid.
In the event of excessive consumption caused by leaking pipes and fixtures on the
customer's side of the meter, up to a fifty-percent (50%) credit for loss of water over normal
consumption recorded for similar prior periods will be given if a plumber Plumbing
Contractor is under a contract to make repairs within seventy-two (72) hours after
discovery of such leak or if the owner can provide documentation or proof of repairs
performed by owner within seventy-two (72) hours after discovery of the leak.
Section 18. General Provisions Applicable to this Ordinance
The following general provisions and findings are applicable to the interpretation and
application of this Ordinance:
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
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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, and has authority to correct formatting and/or typographical
errors discovered during codification.
G. Enforcement. To the extent this ordinance establishes a required or prohibited
action punishable by law, unless otherwise specifically provided in Englewood Municipal
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Code or applicable law, violations shall be subject to the General Penalty provisions
contained within EMC § 1-4-1.
Introduced and passed on first reading on the 7th day of August, 2023; and on second
reading, in identical form to the first reading, on the 21st day of August, 2023.
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 an Ordinance, introduced and passed in
identical form on first and second reading on the dates indicated above; and published
two days after each passage on the City’s official website for at least thirty (30) days
thereafter. The Ordinance shall become effective thirty (30) days after first publication
on the City’s official website.
Stephanie Carlile
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