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Help & SupportChapter 11-1 Water Utility1
(a) The purpose of this chapter is to define the water utility of the city, to set forth the responsibilities of water service users, and to promote the public health, safety, and welfare by adopting a system of plant investment fees that insures that each new user of city water services pays its proportionate share of the current replacement cost of water facilities. The plant investment fees in this chapter reflect varying service requirements of residential users and are designed to encourage the construction of moderate income housing.
(b) Utilities should be extended outside the city limits of Boulder consistent with the Boulder Valley Comprehensive Plan and city charter requirements. The comprehensive plan projects extension of urban services, including utilities, in an orderly fashion in order to insure the most efficient and cost effective service to the existing utility system.
(c) The city council finds and determines that the city has historically provided and will continue to provide water services by means of an enterprise, as that term is defined by Colorado law. The city council further declares its intent that the city's water utility enterprise be operated and maintained so as to exclude its activities from the application of article X, section 20 of the Colorado Constitution.
Ordinance No. 5601 (1993)
For the purpose of this chapter and chapter 11-2, "Wastewater Utility," B.R.C. 1981, and the related fees in chapter 4-20, "Fees," B.R.C. 1981, the following words have the following meanings, unless the context clearly indicates otherwise:
"Average Winter Consumption" means the average number of gallons of water use per month reflected on a user's water bill for the period covering the most recent consecutive months of December, January, February, and March. For accounts registering no water use in one or more of the four monthly billing periods, an average shall be established using those months in which there was usage, historical use records, or other available data.
"Bedroom" means a room with seventy square feet or more of floor area that is used for sleeping or could be used for sleeping. Garages, kitchens, bathrooms, and one dining room and one living room per dwelling unit are deemed not to be bedrooms for the purposes of this definition.
"Building" means an independent structure standing alone, excluding fences. To qualify as one building, all portions, additions, or extensions shall be connected by an attachment that is an enclosed and climatized part of the building and that is usable by the occupants thereof.
"Condominium" means real property having more than one dwelling unit and the ownership of which consists of separate, divided fee simple estates in individual air space units, together with an undivided fee simple interest in the common elements appurtenant to such units.
"Condominium unit" means a form of property ownership of airspace, as defined in 38-33-103, C.R.S.
"Developer" means any person who participates in any manner in the development of land.
"Final construction acceptance" means the city's acceptance of the water or sanitary sewer mains and appurtenances thereto, constructed or installed by the developer or subdivider, at the end of the prescribed warranty period on such improvements and after correction of any deficiencies discovered in the final inspection of such improvements.
"gpm" means gallons per minute and reflects the instantaneous peak demand for a customer. This information is obtained by counting water supply fixture units and then converting to a water demand in gallons per minute. The gpm value is used in determining water meter size and PIF.
"Grant" means any direct cash subsidy or other direct contribution of money from the state or any local government in Colorado which is not required to be repaid. "Grant" does not include:
(a) Any indirect benefit conferred upon the utility enterprise from the state or any local government in Colorado;
(b) Any revenues resulting from rates, fees, assessments, or other charges imposed by the utility enterprise for the provision of goods or services by such enterprise;
(c) Any federal funds, regardless of whether such federal funds pass through the state or any local government in Colorado prior to receipt by the utility enterprise; or
(d) Any other receipt of revenues excluded from the definition of "grant" under Colorado constitution or law.
"Multi Unit Dwelling" means a residential building used by two or more groups of persons living independently of each other in separate dwelling units but not including motels, hotels and resorts: Mobile home parks and residential water districts that are not individually metered by city water meters and/or have city master water meters are included under this definition.
"Nonresidential" means any structure or any portion of a structure used exclusively for office, commercial, industrial, institutional or governmental purposes.
"PIF" means plant investment fee.
"Preliminary construction acceptance" means the city's acceptance of the developer's or subdivider's construction, installation, and testing of water or sanitary sewer mains and appurtenances thereto as conforming with city standards and defines the date on which the warranty period on such improvements commences.
"Sanitary sewer service line" or "wastewater service line" means the line running from the city sanitary sewer main to the structure to be served.
"Seasonal demand" means the difference between a user's average winter consumption and a user's average number of gallons of water use reflected on a user's water bill for the periods generally covering the months of June, July, and August in any year. For accounts registering no water use in at least one of these monthly billing periods, an average shall be established using historical use records or other available data.
"Single Unit Dwelling"means a detached principal residential building including townhomes, other than a mobile home, designed for or used as a dwelling exclusively by one group.
"Subdivider" means any person who participates in any manner in the dividing of land for the purpose, immediate or future, of sale or building development.
"Townhouse" means a multi-unit dwelling in which the ownership of each dwelling unit consists of a separate fee simple estate on an individually platted lot, together with an undivided fee simple interest in the common elements, if any.
"Townhouse unit" means that part of a townhouse constituting a single dwelling unit.
"Wastewater utility enterprise" means the wastewater utility business owned by the city, which business receives under ten percent of its annual revenues in grants from all Colorado state and local governments combined and which is authorized to issue its own revenue bonds pursuant to this code or any other applicable law.
"Water service line" means the line running from the city water main to the structure to be served.
"Water utility enterprise" means the water utility business owned by the city, which business receives under ten percent of its annual revenues in grants from all Colorado state and local governments combined and which is authorized to issue its own revenue bonds pursuant to this code or any other applicable law.
Ordinance Nos. 5075 (1987); 5106 (1988); 5526 (1992); 5601 (1993); 5760 (1995); 5769 (1996); 5930 (1997); 7024 (1999); 7168 (2001); 7416 (2005); 7428 (2005); 7643 (2009)
The city manager may promulgate such rules and regulations consistent with this chapter and chapters 11-2, "Wastewater Utility," and 11-3, "Industrial and Prohibited Discharges," B.R.C. 1981, as the manager considers necessary to implement and enforce the chapters.
11-1-4 Water User Agrees to the Rules of the Water Utility; Penalty for Breach.
(a) No person may be served with water from the water utility unless such person agrees to abide by all provisions of this code, all applicable ordinances of the city, and all the rules and regulations of the city pertaining to the water utility.
(b) If any water user fails to pay the charges for water when due or fails to comply with any provision of this code, any applicable ordinance of the city, or regulations issued thereunder, or uses water for a purpose not authorized, the city may discontinue water service until the water user has paid the required charges or is in compliance with all requirements of this code, any ordinance of the city, or regulations issued thereunder. But the water utility may not discontinue water service until it has afforded a water user an opportunity for a hearing under the procedures prescribed by chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981.
11-1-5 Composition of Water Utility.
All water and water rights, waterworks and appurtenances thereto, machinery, equipment, and supplies used by the city to supply its water users with water constitute the "water utility." The water service line from the customer's side of the meter to the structure or property served, however, is the property of the owner of the structure or property served.
11-1-6 Watershed Patrol Officers.
(a) The city manager shall appoint at least one full-time watershed patrol officer, and, in addition, may appoint as many part-time or temporary watershed patrol officers as may be needed from time to time.
(b) The watershed patrol officers shall enforce city ordinances intended for the protection of the city's watershed and Lakewood properties and shall perform such other duties as the city manager may assign.
(c) Before commencing service, all watershed patrol officers shall receive appropriate training through the police department. Upon satisfactory completion of such training, the officers shall be commissioned as watershed patrol officers and have conferred upon them police powers sufficient to enforce such ordinances, except the power to carry firearms.
The city manager shall keep such records and prepare such reports concerning the water utility as the manager deems appropriate. The manager shall advise the city council of the operations, financial conditions, and future needs of the water utility.
11-1-8 Control, Repair, and Tests of Fire Hydrants.
All fire hydrants on public property are part of and shall be kept in repair by the water utility. The installation, maintenance, testing, and repair of all fire hydrants, stand pipes, and fire sprinkler systems on private property is the responsibility of the property owner, and this responsibility shall be discharged in accordance with the provisions of the City of Boulder Fire Code adopted in chapter 10-8, "Fire Prevention Code," B.R.C. 1981.
Ordinance No. 4919 (1985)
11-1-9 Operation of Fire Hydrants.
No person, other than a member of the fire department or water utility, shall open or operate any fire hydrant, standpipe, or fire sprinkler system on public or private property without permission from the city manager. It shall be a specific defense to a charge of violation of this section that the opening or operation of a fire hydrant, standpipe, or fire sprinkler system on private property was part of a test required by section 11-1-8, "Control, Repair, and Tests of Fire Hydrants," B.R.C. 1981, was in response to a fire emergency, or was by the owner or the owner's authorized agent on a metered fire protection water system.
Ordinance No. 4919 (1985)
11-1-10 Damage to Property and Equipment of Water Utility.
No person shall in any way damage any property, equipment, or appliance, constituting a part of the water utility.
11-1-11 Trespass, Interference With Water Utility Prohibited.
No person shall trespass upon the property of the water utility, tap any water mains, make any connections therewith, in any manner interfere with the water utility or the property, equipment, mains, valves, or any other appliances of the water utility, change or alter the position of any valve or appliances of the water utility, or change or alter the position of any valve or appliance regulating the flow of water in any water utility main, unless authorized to do so by the city manager.
11-1-12 Pollution of Water Utility Prohibited.
No person shall deposit in any part of the water utility any substance or material that will in any manner injure or obstruct the utility or any material or substance that would tend to contaminate or pollute the water or obstruct the flow of water.
11-1-13 When Connections With Water Mains Are Required.
(a) All property located in the city or annexed to the city that is open to the public or used for commercial or industrial purposes or uses (other than single-family residential) and that requires a potable water supply for human consumption shall be connected with the water utility of the city. The owner of the property, the owner's agent or other person having charge of such property or receiving the rent for it, or a tenant of the property shall pay all applicable fees and charges when the city manager notifies such person that connection is required. The manager shall serve such notice upon the owner of such property by registered mail to the last address of the owner on the records of the Boulder County Assessor and upon the person in possession of such property by mail to the property address. Connection to the water utility is immediately required only where there exists a city water main abutting or adjacent to any portion of the boundaries of the property upon which there is an existing structure or a proposed structure requiring the use of potable water. A private water supply may be used for irrigation on property connected to the water utility, but no person in possession of such property shall allow the water from the private supply to be used for human consumption or to be cross-connected with a line containing water from the water utility. Nothing in this subsection shall be deemed to require water connection by properties in the portion of Moore's Subdivision annexed on July 11, 1978 or specifically exempted by any written agreement with the city.
(b) No person shall make any connection with any water pipeline or water main that forms a part of the water utility of the city except pursuant to and in accordance with the permit required by this chapter. Only city water utility personnel shall install a tap on such a pipeline or main after it has been accepted by the city manager as part of the water utility.
(c) No person shall make any connections with any privately owned water mains or pipelines that are connected with the water utility of the city or change, alter, or renew any presently existing private main or pipeline connected with the water utility of the city with any pipe larger than that in use as of March 25, 1959 without obtaining a permit from the city.
Ordinance No. 5425 (1991)
11-1-14 Permit to Make Water Main Connections.
(a) Any person desiring to make a connection or repair to or disconnect from the water utility or to use water therefrom shall apply to the city manager for one of the following permits on forms provided by the manager, pay the fee prescribed by section 4-20-23, "Water Permit Fees," B.R.C. 1981, and meet the following conditions:
(1) A permit to install a water service line stub from a water utility main to the location of a proposed meter pit, only required if the stub is not installed at the time of construction of the main; no water may be used under this permit;
(2) A permit to connect to the water utility to take and use water for normal municipal purposes, allowing water to be taken and used for domestic, commercial, industrial, and irrigation uses. An applicant for this permit shall pay all applicable costs and fees including those for tap installation as prescribed in section 4-20-23, "Water Permit Fees," B.R.C. 1981, meter installation as prescribed by section 4-20-23, "Water Permit Fees," B.R.C. 1981, inspection of service line installation, plant investment fees, as prescribed by section 4-20-26, "Water Plant Investment Fees," B.R.C. 1981; main assessments, as prescribed by section 11-1-43, "Reimbursement of Costs For Water Main Extension," B.R.C. 1981, and any other outstanding assessments;
(3) A permit to enlarge existing water service line, authorizing enlarging the size of the existing water service line and installing a larger meter required by increased demand on the water utility due to additional fixtures. An applicant for this permit shall pay the fees and costs set forth in paragraph (a)(2) of this section;
(4) A permit to renew any of the water service lines provided for in this subsection.
(b) The city manager shall sign all permits issued under this title and shall include the name of the person to whom the permit is issued, the date of the permit, the address and legal description of the premises on which the water will be used, the size of the tap and water service line, and the fees and costs paid for the permit.
Ordinance Nos. 5106 (1988); 5425 (1991)
11-1-15 Out-of-City Water Service.
(a) Any person outside of the city limits desiring to make a connection or repair to or disconnect from the water utility or to use water therefrom shall apply to the city manager for a revocable out-of-city water permit, which may be issued after approval of the city manager if the manager finds that the application meets the following conditions:
(1) The property is located within Area II of the Boulder Valley Comprehensive Plan, unless the facility to be served is a publicly owned facility that because of its nature is most appropriately located outside Area II and because of the general public interest should be served by water service;
(2) There is no main extension involved for such service beyond one hundred feet or in violation of the main extension limit, whichever is less;2
(3) The city planning department has determined that the proposal does not constitute new urban development and is consistent with the comprehensive plan;
(4) The city has referred the application to the Boulder County Planning Department under the referral provisions of the comprehensive plan;
(5) The service is to be extended to a structure, which contains a legal use, that existed on the effective date of this chapter or to a platted single-family lot existing on the effective date of this chapter;
(6) The property is located below the "Blue Line;" and
(7) The property owner agrees in an agreement running with the land to annex to the city as soon as the property is eligible for annexation.
(b) If the city manager issues a permit under this section, it will become effective thirty days after the date of its issuance unless the city council schedules a hearing thereon. After issuing the permit, the manager shall promptly notify the council of the permit and within ten days of the date of issuance shall publish notice thereof in a newspaper of general circulation in the city. Before the effective date of the permit, the council may schedule a de novo hearing thereon to determine whether the application meets the standards prescribed by this section.
(c) If the city manager denies the permit, the applicant may, within sixty days of the date of the denial, appeal the denial to the city council, which shall schedule a hearing thereon to determine whether the application meets the standards prescribed by this section.
(d) Nothing in this section shall be deemed to invalidate out-of-city water permits existing at the effective date of this chapter, including those on property currently under development.
(e) If a permit to take or use water from the water utility to serve property situated outside the city's corporate limits is approved under this section, an applicant shall agree:
(1) To use the service only for the qualifying use and to make no enlargement thereto without obtaining a permit therefor under this section and section 11-1-14, "Permit to Make Water Main Connections," B.R.C. 1981;
(2) To make the connection at such point or points as the city manager prescribes;
(3) To pay all of the costs, if any, of extending a water main under a main extension agreement3 in accordance with plans and specifications approved by the city manager;
(4) Prior to connecting to the water utility, to pay all fees prescribed in this chapter including any existing main assessments;
(5) To pay the outside city rates until such time as the property is annexed;
(6) To install and maintain the devices necessary to measure the use of the services for the purposes of assessing the charges therefor;
(7) To comply with the requirements of section 11-1-18, "Change of Use of Water Outside the City Limits Prohibited," B.R.C. 1981, if applicable;
(8) To furnish a current title memorandum showing that title to the property is vested in the applicant's name or to reimburse the city for obtaining such title memorandum and to pay any recording costs incurred;
(9) To file a petition to join the Northern Colorado Water Conservancy District and Subdistrict thereof, if the property is not included therein, and pay the required fees; and
(10) To sign an agreement evidencing an understanding that these water services are provided under a revocable permit, that rates for the said services may be increased, and if they are, the applicant will pay them, and that the services may be discontinued if the applicant fails to perform as required or if the city residents require such services.
(f) If a permittee under this section does not connect to the water utility within six months of issuance of the out-of-city water permit, the permit expires.
(g) Notwithstanding the foregoing provisions of this section, the city manager may allow a temporary connection, not to exceed ninety days, to the city's water utility if all of the following conditions are met:
(1) The city manager finds that a bona fide emergency exists which poses an immediate threat to the public health or safety;
(2) The applicant has provided the city with proof of insurance to protect and hold the city harmless in the event that there is any damage or injury resulting from said emergency connection to the city water utility, including, but not limited to, the quality of the water conveyed;
(3) The applicant shall pay to the city all actual costs involved in the connection to and disconnection from the water utility and shall pay the water rate of permittees under section 11-1-16, "Permit to Sell Water," B.R.C. 1981;
(4) The applicant shall comply with all applicable provisions of subsection (e) of this section;
(5) The area to be served lies within Area II of the Boulder Valley Comprehensive Plan; and
(6) The applicant must agree to comply with any additional terms and conditions which the city manager imposes on the temporary emergency connection to the water utility, including, without limitation, the installations of backflow prevention devices.
The manager may, for good cause, grant one extension, not to exceed ninety days, of the temporary connection upon approval by motion of the city council.
Ordinance Nos. 5106 (1988); 5122 (1988)
(a) A person wishing to resell water obtained from the city water utility for use on property not connected to the city water utility shall first obtain an annual permit under this chapter and pay the fee prescribed in section 4-20-23, "Water Permit Fees," B.R.C. 1981. The permit expires one year after its issuance. The permittee may apply for a renewal within ninety days before the expiration date. The permit for the resale of water is required in addition to any of the other permits required for water connections prescribed by this chapter. The city manager shall not issue a water resale permit without first finding that:
(1) The applicant has already obtained the required permit for main connections with the water utility of the city;
(2) The applicant has obtained product insurance to protect and hold the city harmless in the event that there is any damage or injury resulting from the quality of the water sold to and resold by the permit holder; and
(3) The estimated quantity of water to be resold will not be of such a volume to interfere with the water service to be provided to existing water utility customers.
(b) When such a permit is issued, the city manager shall ensure that the applicant:
(1) Agrees to provide to the manager the names and addresses of all customers on a continuing basis;
(2) Agrees to observe all city and county health requirements; and
(3) Signs an agreement evidencing the understanding that this permit can be revoked if required by the water needs of the city and of any property situated outside the corporate limits of the city that has connected to the city water utility and provides to the manager a written agreement from each customer evidencing such understanding.
Ordinance No. 5425 (1991)
11-1-17 No Water Connection Permits Issued Before Mains Accepted.
The city manager may not issue permits to connect new water utility customers to newly constructed water mains until the manager has determined that all such mains and appurtenances thereto have been constructed in accordance with the engineering plans therefor approved by the city and the standards prescribed by the City of Boulder Design and Construction Standards, and until the manager has issued a preliminary construction acceptance for the mains.
11-1-18 Change of Use of Water Outside the City Limits Prohibited.
Outside of the corporate limits of the city, no person shall alter, change, enlarge, or extend in any manner whatsoever the type of use for which water is taken and used from the water utility of the city as of June 4, 1957 or the date of the issuance of the revocable permit, without a permit under this chapter.
11-1-19 Water and Ditch Rights.
(a) Except as provided in paragraphs (a)(1) and (a)(2) of this section, an applicant for a permit under sections 11-1-14, "Permit to Make Water Main Connections," and 11-1-15, "Out-of-City Water Service," B.R.C. 1981, shall offer for sale to the city all water and ditch rights available for use on the land at the fair market value determined by the city and the applicant at the time of the sale. The provisions of this subsection apply: 1) to all persons who have voluntarily annexed to the city and are applying for water utility service under the requirements of section 11-1-13, "When Connections With Water Mains Are Required," B.R.C. 1981; 2) to applicants choosing to apply for water utility service after having been unilaterally annexed by the city; and 3) to all owners of Silver Lake Reservoir and Ditch Company Shares, but such owners may apply to sell their shares to the city at a date later than that of the application for a permit under section 11-1-14, "Permit to Make Water Main Connections," or 11-1-15, "Out-of-City Water Service," B.R.C. 1981.
(1) The provisions of this subsection do not apply to persons applying for water utility service when either the initial city zoning of the property is RR-1, RE, or agricultural or when the property is used for residential or agricultural use only and is 15,000 square feet or larger in size. In such circumstances the applicant shall offer to the city on a form provided by the city manager the right of first refusal on all water and ditch rights used on or appurtenant to the property and shall file such form in the office of the Boulder County Clerk and Recorder. The right of first refusal shall provide that the applicant shall give the manager at least sixty days' advance written notice that water and ditch rights are for sale and the details of the sale. At such time as the RR-1, RE, or agriculturally zoned land is subdivided or redeveloped, the owner thereof shall offer for sale to the city all water and ditch rights used on or appurtenant to the land at the fair market value determined by the city and the applicant at the time of the sale.
(2) The provisions of this subsection do not apply to persons owning property that has been unilaterally annexed to the city who are applying for water utility service under the requirements of section 11-1-13, "When Connections With Water Mains Are Required," B.R.C. 1981, but the applicant shall offer to the city on a form provided by the city manager the right of first refusal on all water and ditch rights used on or appurtenant to the property annexed to the city and shall file such form in the office of the Boulder County Clerk and Recorder. The right of first refusal shall provide that the person shall give the manager at least sixty days' advance written notice that water and ditch rights are for sale and the details of the sale.
(b) If a person purchases or obtains any water or ditch rights after connecting to the city water utility or if a person outside the city and connected to the city water utility who owns water or ditch rights is annexed to the city, the city shall discontinue water utilities services to such person. But the city shall continue water service if such person offers to sell the water or ditch rights to the city at fair market value as determined by the city and the person at the time of sale.
(c) The fair market value of Silver Lake Reservoir and Ditch Company shares is deemed to be $25.00 per share.
11-1-20 Taps or Connections to Water Mains.
(a) No person not authorized by the city manager shall tap or connect to any part of the water utility.
(b) No person shall fail to make authorized taps and connections in accordance with the terms and conditions of the permit issued therefor.
(c) No person requesting or required to make taps or connections to the water utility shall fail to pay the costs for such taps or connections.
(a) No person other than a contractor in the public right-of-way, licensed under chapter 4-6, "Contractor in the Public Right-of-Way License," B.R.C. 1981, or a person authorized by the city manager shall install a water service line, including a meter pit and a meter riser.
(b) No person shall install a water service line without first obtaining written permission from the city and unless service lines are made from materials prescribed by City of Boulder Design and Construction Standards.
(c) No person other than water utility personnel or licensed contractors working under their direction shall install service lines, including meters and pits, in public streets, alleys, or easements after the date on which the city has accepted responsibility to maintain the mains.
(d) When the city manager finds that service lines between the city water main and the meter pit in use on the effective date of this ordinance are made of materials other than those approved materials prescribed by City of Boulder Design and Construction Standards, and that they have become so disintegrated as to be unfit for further use, such lines shall be replaced at the owner's expense. Once such lines have been replaced with approved materials, the water utility shall be responsible for maintenance of the service line between the water main and the meter pit.
(e) The owner of any property who desires to disconnect from the water utility may do so by requesting that the city remove the meter. If the disconnection is to be permanent or the water service line is to be abandoned, the line shall be shut off at the property owner's expense at the corporation cock. All appurtenances from the water main to and including the meter pit shall remain in the ground and become the property of the city. The city shall not resume water service until proper permits have been issued and fees paid.
(f) All service lines shall be installed in accordance with the standards prescribed by the City of Boulder Design and Construction Standards.
11-1-22 Excavation and Backfilling Water Service Lines.
(a) No person except an employee of the city or a person licensed as a contractor in the public right-of-way under chapter 4-6, "Contractor in the Public Right-of-Way License," B.R.C. 1981, shall excavate in public streets or alleys. Such persons shall obtain a permit from the city manager and comply with all applicable provisions of this code and other ordinances of the city.
(b) No person shall backfill any trenches under city streets and sidewalks except in accordance with the City of Boulder Design and Construction Standards.
Ordinance No. 7687 (2009)
11-1-23 Water Service Line to Be Installed Before Street Paving.
(a) Before the city paves or overlays any street containing a water main, the water utility shall, at the expense of the abutting property owner, install water service line stubs between the city water main and the location of the proposed meter pit for all vacant property abutting the street in a size the city manager determines to be necessary to serve the property when fully developed.
(b) Whenever the council authorizes paving a street or alley under the provisions of chapter 8-1, "Local Improvements," B.R.C. 1981, it may order the owners of abutting properties to connect their premises with the water mains or with any other utility in the street or alley abutting their premises. If such property owner fails or refuses to make such connection for twenty days after such order, the city manager may cause the connections to be made under such conditions as the manager prescribes and shall charge the entire cost of such connection against the property with which the connection is made. Such cost is a lien upon the property, enforceable under the procedures prescribed by sections 11-1-47, "Water Charges Are Lien on Property and Liability of Owner," and 11-1-54, "Certification of Unpaid Charges to County Treasurer," B.R.C. 1981.
11-1-24 Extending Water Service Line From One Property to Another.
Each property shall be served by its own service line and no person shall make a connection with the water utility by extending the service line from one property to another property. If service lines have been so extended from one property to another property, persons may continue to use such extension only until water mains are installed that abut such other property, at which time the other property shall be connected to the water main at the expense of the owner of such other property served by such extension, and the extended service line shall be discontinued.
11-1-25 Duty to Maintain Service Lines and Fixtures.
(a) No owner of any property connecting to the water utility shall fail to maintain the water service line from the meter pit to the structure being served and to keep the line in good condition at the owner's expense. No owner of such property shall fail to keep all pipes, fixtures, and appliances on the property tight and in good working order so as to prevent waste of water.
(b) No owner of any property connected to the water utility shall allow any cross-connection to the water utility, unless there is provided an approved backflow prevention assembly commensurate to the potential hazard. No person working on a water line connected to the water utility shall make a cross-connection, unless there is provided an approved backflow prevention assembly commensurate to the potential hazard. No person shall fail to comply with all regulations promulgated by the city manager for the implementation of this chapter.
(c) No person shall tamper with, modify, or in any way damage any backflow prevention assembly.
(d) No person shall manufacture, install, maintain or sell a backflow prevention assembly that does not meet the requirements of section 5.11 of the City of Boulder Design and Construction Standards.
(e) If an inspection is requested by an owner or required by this section, a backflow prevention assembly testing or inspection fee or a cross-connection control inspection fee shall be assessed. Such fee shall be a direct charge to owners or lessees of premises subject to this section for the recovery of costs related to the administration of this section and to the inspection and testing of such assemblies performed by the city. The charges for such services are prescribed in section 4-20-23, "Water Permit Fees," B.R.C. 1981.
Ordinance Nos. 5875 (1997); 7024 (1999)
11-1-26 Permit Required for Changing or Increasing Fixtures.
No plumber or any water user shall install or replace any plumbing fixture using water from the water utility without first obtaining a plumbing permit therefor that states the number and character of each fixture, appliance, or apparatus to be installed or replaced.4
11-1-27 Water Restrictions in Case of Emergency.
In the event of a major fire or any other emergency that requires the immediate curtailment of the use of water from the water utility, the city manager may make such restrictions as the manager deems necessary for the protection of the public.
11-1-28 Water to Be Shut Off for Repairs or Extension.
The city is authorized to shut off water from any water main when necessary to repair the main, to make any connections or extensions of the water mains, or to perform any other work necessary to maintain the water utility.
11-1-29 Who May Turn Water On.
No person other than an employee of the city shall turn on water to any premises, lot, building, or house when the water has been shut off under the provisions of this chapter.
11-1-30 Use of Water From Private Well.
No person shall have a cross-connection between a private line carrying well water and line carrying water from the water utility.
11-1-31 Building Permit Issuance.
No building permit or water utility connection permit may be issued until all water utility requirements have been met.
11-1-32 Use of Water by Any Water Customer Under the Provisions of This Chapter.
The use of water by persons under the provisions of this chapter shall not be deemed to be a relinquishment of any water or water right by the city. The city reserves the full right to determine all matters in connection with the control and use of the water.
11-1-33 Use of Water by Other Than Water Utility Customers.
No person using water under this chapter shall permit any other person to take or use water from such person's water service for use on property not connected to the city water utility, except as permitted by obtaining a water resale permit, under section 11-1-16, "Permit to Sell Water," B.R.C. 1981.
11-1-34 Meter and Appurtenances to Be Purchased by User.
(a) The city shall furnish to property owners at the owner's expense all meters, meter pit covers, meter yokes, and all other appurtenances.
(b) The city shall furnish to property owners at the owner's expense all pits for meter installations less than one and one-half inches in diameter.
(c) The owner shall furnish at the owner's expense pits for meter installations one and one-half inches or larger in diameter in accordance with the City of Boulder Design and Construction Standards.
11-1-35 Meter Size Requirements.
(a) The meter provided shall be of a size so that the largest instantaneous demand required, without regard to ditch or well water rights, does not exceed eighty percent of the rated capacity of the water meter for continuous flows, as set forth by the meter manufacturer and in the latest version of Sizing Water Service Lines and Meters, Manual M22 of the American Water Works Association.
(b) All irrigation connections, except those for single unit dwellings, shall be separately metered and shall be sized based on the maximum gallons per minute demand at any one time.
(c) The largest meter for a single unit dwelling is one inch, unless otherwise approved by the city manager.
Ordinance Nos. 5526 (1992); 5760 (1995); 7643 (2009)
11-1-36 Location and Installation of Meters; Maintenance of Access to Meters.
(a) All water meters shall be installed in either public rights-of-way or easements in a location specified by the city manager. Before the city sets the meter, all pits shall be installed at the depth required by the City of Boulder Design and Construction Standards, with the yoke at the required depth measured from the final elevation of the finished surface of the ground. The pit shall be placed and maintained so that it is readily accessible to water utility personnel, and away from trees and bushes and outside fences. Only city water utility personnel shall set a water meter two inches or smaller in capacity or a remote meter. The owner or person in possession of the property to be served by such a meter shall pay the meter installation fees prescribed in section 4-20-23, "Water Permit Fees," B.R.C. 1981. The owner or person in possession of the property to be served by a meter larger than two inches shall purchase the meter from the city and have it installed in compliance with the City of Boulder Design and Construction Standards by a licensed right-of-way contractor in a pit meeting the requirements of this subsection.
(b) No person owning or possessing the property on which a meter pit is located shall fail to maintain landscaping around the meter pit to provide at least three feet of unobstructed access to the meter from the public right-of-way and at least five feet of vertical clearance above the meter pit.
(c) No person owning or possessing the property on which a meter pit is located shall restrict direct access to the meter pit from the public right-of-way by a fence, hedge, or any other obstruction.
(d) No person owning or possessing the property on which a meter pit is located shall fail to assure that landscape materials that are taller than four inches are no closer than one foot to the back edge of the meter pit or shall allow any landscaping materials to cover any part of the meter pit lid.
(e) No person owning or possessing property shall landscape it so as to change the elevation of the land around the meter pit in any way.
(f) If the city manager finds that any person has failed to comply with any of the requirements of subsection (b), (c), (d), or (e) of this section, the manager shall notify the owner or possessor of the property by hand delivery or mail to comply with the requirements within fifteen days of the date of delivering or mailing the notice.
(1) If the person so notified fails to comply with the requirements of this notice, the manager may cause the work to be done and charge the costs thereof, together with an amount up to $25.00 for administrative costs, to the person so notified.
(2) If the person fails or refuses to pay when due any charge imposed under this section, the manager may, in addition to taking other collection remedies, certify due and unpaid charges to the Boulder County Treasurer to be levied against the person's property for collection by the county in the same manner as delinquent general taxes on such property are collected, as provided by section 2-2-12, "City Manager May Certify Taxes, Charges, and Assessments to County Treasurer for Collection," B.R.C. 1981.
Ordinance Nos. 5425 (1991); 5526 (1992)
The water utility shall maintain, test, and repair all meters as required. Any water user who causes damage to a water meter shall pay the cost of repair, which shall be added to the charge for water service.
11-1-38 Interfering With or By-Passing Water Meters.
(a) No person shall tamper or interfere with any meter or meter seal or so arrange water service or piping so that the use of water will not actuate the meter. The water utility shall discontinue water service to any user who violates the provisions of this section until satisfactory payment has been made for all water used, all repairs to the meter, and all fees for terminating and resuming water service. The water utility may not discontinue water service until it has afforded a water user an opportunity for a hearing under the procedures prescribed by chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, but the hearing may be held within forty-eight hours of service of notice upon the water user.
(b) No person shall make any tap or install any device or plumbing connection within the meter pit without written permission from the city manager.
11-1-39 Location of Water Mains.
All water mains shall be installed only in the dedicated public streets or alleys or in easements that grant to the city rights that are at least equal to rights it would enjoy in the dedicated streets or alleys.
The city manager shall determine the size of water mains required to serve any part of the city or any area outside the city that is served by the water utility in accordance with the master plan of the water utility. No main less than eight inches in diameter shall be placed in the water utility system unless specifically authorized by the manager.
11-1-41 Extensions of Water Mains.
(a) All water main extensions shall be constructed to the farthest point of the property to be served thereby, unless additional development of adjacent property is not contemplated within five years under the Boulder Valley Comprehensive Plan, in which case the property owner shall reserve an easement for a future main extension. If such an extension creates a dead-end main longer than six hundred feet, the distance in excess of the six hundred feet shall not be available for use.
(b) All on-site water mains required to serve a development or a platted subdivision shall be installed at the cost of the developer or subdivider.
(c) All off-site and perimeter water main extensions required to serve a development or a platted subdivision shall be installed and paid for by the developer or subdivider, who may be reimbursed for all or part of the cost as prescribed by section 11-1-43, "Reimbursement of Costs for Water Main Extension," B.R.C. 1981.
(d) Any developer or subdivider required to construct a connecting loop necessary to provide two sources of water to a development or platted subdivision or to avoid a dead-end main longer than six hundred feet shall pay for such a loop.
11-1-42 Agreement to Extend Water Mains.
(a) Prior to the approval of plans for the extension of any water main that is not entirely within a single development or platted subdivision and for which the developer or subdivider expects to receive reimbursement for part or all of the costs of the main extension, the developer or subdivider shall enter into a "main extension agreement" with the city, which contains the legal description of the property to be served, a description of the main extension, the name of the developer or subdivider of the property, the terms of reimbursement to the developer or subdivider, the time period for reimbursement to the developer or subdivider, and an agreement by the developer or subdivider to provide to the city, within sixty days of the date of preliminary construction acceptance by the city, its costs for such work and to provide to the city a current address during the term of the agreement.
(b) If a developer or subdivider fails to comply with the main extension agreement, such person forfeits any right to reimbursement under section 11-1-43, "Reimbursement of Costs for Water Main Extension," B.R.C. 1981.
11-1-43 Reimbursement of Costs for Water Main Extension.
(a) Developers or subdividers who have paid the costs of a water main extension and have entered into a "main extension agreement" with the city may be reimbursed part or all of the costs as provided in this subsection.
(1) At the time of annexation, subdivision, redevelopment, building permit issuance, or connection, whichever occurs first, the city manager shall collect a charge per adjusted front foot based upon the original construction costs of the main and shall reimburse the original developer or subdivider for its original construction costs, to the extent of the collection so made.
(2) In no event shall the actual amount so paid to the developer or subdivider by the city exceed the total original cost of the water main extension. After the expiration of the period of reimbursement prescribed by subsection (c) of this section, the city shall retain any such monies so collected.
(3) If the developer or subdivider fails to supply its construction costs to the city within sixty days of preliminary construction acceptance of the water main, the manager may estimate the costs of such extension for purposes of charging persons who thereafter connect to the water main. The city shall retain any such monies so collected.
(b) When mains larger than twelve inches in diameter are required by the city and are determined not to be required to serve the demands of the property owner or subdivision benefitted thereby, the property owner or subdivider benefitted shall enter into a main extension agreement with the city whereby the city agrees to pay the difference in construction costs between those of the main constructed and those of a twelve-inch main, based on their respective unit costs.
(c) The term for which the developer or subdivider is entitled to reimbursement under the "main extension agreement" between the developer or subdivider and the city is ten years from the date of the execution of the contract or until the total original construction cost has been reimbursed, whichever occurs first.
(d) At the time of annexation, subdivision, redevelopment, building permit issuance, or connection to the main, whichever occurs first, the city manager shall collect a charge per front foot based upon the original construction cost.
(e) Property abutting any existing water main, for which original construction costs cannot be determined, and which has not been assessed or charged for its proportionate share of the cost of the construction of such water main, shall pay the city prior to annexation, subdivision, redevelopment, building permit issuance, or connection to the main, whichever occurs first, a charge based upon an estimate of the original construction cost of the existing main, up to and including a twelve inch diameter system, and the adjusted front footage of the property to be served, as determined by the city manager.
Ordinance Nos. 4969 (1986); 5526 (1992)
(a) The water utility shall bill water users once a month. Failure by the water utility to so notify a water user shall not constitute a waiver of any fee or charge imposed by this chapter.
(b) Charges for water service consist of a monthly service charge and a quantity charge as prescribed by section 4-20-25, "Monthly Water User Charges," B.R.C. 1981. For those customers served by more than one meter, the appropriate service charge shall be applied to each meter. Monthly service charges shall be billed to each meter in use regardless of whether any quantity charge is made. A meter is considered to be in use as long as it is in place.
(c) If water users institute or terminate service or when the ownership of the property is transferred on other than established billing dates, the water utility shall prorate the charges for water services. When the ownership of the property is transferred, the established customer class average winter consumption will be used to calculate water charges until the next average winter consumption calculation period.
(d) For all water supplied by the city to the Boulder Valley School District No. RE 2 or to any of the properties that are located within the boundaries of the former Boulder Valley Water and Sanitation District, the inside city water rates apply.
(e) For all water supplied by the city outside of the city limits used for firefighting training purposes by bona fide and legally constituted firefighting units located in Boulder County, the inside city water rates apply.
(f) If any meter fails to register in any billing period, the water user shall be charged according to the average quantity of water used in a similar period as shown by the meter when in order.
(g) Billing for water service and any other notices relating to the water utility are effective on the date that they are deposited in the mail addressed to the last known address of the water user as shown on the records of the city water utility.
(h) All charges for the use of water prescribed by this section are due and payable within ten days after the date of the bill.
Ordinance Nos. 5068 (1987); 5106 (1988); 5526 (1992)
11-1-45 Water to Be Shut Off for Failure to Pay.
(a) If any person fails or refuses to pay all charges prescribed by this chapter, or fails or refuses to comply with the provisions of this chapter or the regulations of the water or wastewater utility promulgated pursuant to this chapter, the water utility may discontinue water service until all charges, plus the charge for discontinuing and resuming water service, interest accrued, and the cost of collecting the charges, are paid or until the requirements of this chapter or any regulations promulgated pursuant thereto are met. But the water utility may not discontinue water service until it has afforded such person an opportunity for a hearing under the procedures prescribed by chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981.
(b) For condominiums to which water is furnished by means other than by metering the consumption of each individual condominium unit, each owner of a condominium unit is liable for the payment of the water and sewer charges for water and sewer services furnished to the condominium. The city shall issue only one statement or bill including all charges for the total amount of water and sewer services furnished to such condominium. If such bill is not paid when due or if anyone using services at the condominium fails or refuses to comply with this chapter or any rules and regulations of the water or wastewater utility, the city may discontinue all water service to the condominium until such charges are paid in full or until the requirements of this chapter or the rules and regulations of the water or sewer utility are met. Any act or omission by any person that results in the city discontinuing water service to a condominium to which water is furnished by means other than metering the consumption of each individual condominium unit constitutes a joint act of all owners of condominium units and all other persons receiving water at such condominium units.
(c) No person who has complied with the rules and regulations of the water or wastewater utility or who has paid a proportionate or other share of the charges outstanding or remaining unpaid may file a claim for damages against the city because water service has been discontinued under this section.
(d) If more than one lot, house, building, or dwelling unit is served by a common meter, the city shall issue only one statement or bill including all charges for water and wastewater services. If that bill is not paid when due or if anyone served through such common meter fails to comply with the provisions of this chapter or any rules or regulations of the water or sewer utility, the city may discontinue all water service through said meter and to the premises receiving water through said meter until such charges, together with costs and interest, if any, are paid in full or the requirements of this chapter and rules and regulations are met. Any act or omission by any person that results in the city discontinuing water service to any premises served by common meter constitutes a joint act of all persons who are served through such common meter.
11-1-46 Charges for Terminating and Resuming Water Service.
(a) When water service is once initiated to any premises, the charge for terminating such service, and once terminated, the charge for resuming the service, are those prescribed by section 4-20-24, "Water Service Fees," B.R.C. 1981.
(b) If a meter is removed because of nonpayment of water bills, discontinuance of service, or a request not to be charged the monthly minimum fee, the user shall pay the removal and reinstallation charge as prescribed by section 4-20-24, "Water Service Fees," B.R.C. 1981.
11-1-47 Water Charges Are Lien on Property and Liability of Owner.
(a) Except as provided in subsection (d) of this section, the owner of every premises, building, lot, house, or dwelling unit is liable for all charges for water and sewer services furnished to the said premises, building, lot, house, or dwelling unit.
(b) All water and wastewater service charges prescribed by sections 4-20-23, "Water Permit Fees," 4-20-24, "Water Service Fees," 4-20-25, "Monthly Water User Charges," 4-20-26, "Water Plant Investment Fees," 4-20-27, "Wastewater Permit Fees," 4-20-28, "Monthly Wastewater User Charges," and 4-20-29, "Wastewater Plant Investment Fees," B.R.C. 1981, together with interest and the cost of collecting them, if any, are a lien that is prior and superior to all other liens, claims, titles, and encumbrances, whether prior in time or not, except liens for general taxes, and remain a lien upon the property to which water is delivered from the date such charges, together with interest and the cost of collecting them, if any, become due until they are paid.
(c) The city may enforce the lien against the property or the liability against the owner in an action at law or an action to enforce the lien. If any person in possession of any premises, building, lot, house, or other dwelling unit pays the entire charges due and owing, the payment relieves the owner from such liability and the premises, building, lot, house, or dwelling unit from the lien. But the city is not required to look to any person other than the owner of the premises, building, lot, house, or other dwelling unit for the payment of the charges.
(d) For condominiums to which water is furnished by means other than by metering the consumption of each condominium unit, the lien for the unpaid water and sewer service charges, interest, and costs, if any, imposed by subsection (a) of this section attaches upon each condominium unit in an amount computed by dividing the total amount of the lien by the number of condominium units.
(e) No change of ownership or occupation shall be deemed to affect the application of this chapter or any of its provisions. The failure of any owner to learn that the owner purchased any property against which a lien for water and sewer services exists does not affect the owner's liability for such payment in full and is not a basis for any claim of any kind whatsoever against the city for refusing to turn on water service until the charges have been paid in full.
11-1-48 Water Conservation Program.
(a) The purpose of this section is to create incentives for water conservation by users of the water supply of the city, to prevent unnecessary depletion of the raw and treated water supply of the city, to attempt to supply a continuing level of satisfactory service to existing water utility customers, and to insure the city's ability to meet the present and future basic water needs of the city's residents.
(b) The provisions of this section apply to all users of water supplied through the water utility of the city, including, without limitation, customers of any water and sanitation district or any public or private water supply company to which the city provides water.
(c) The city manager may implement the water conservation measures under this section after twenty-four hours' public notice, or upon publication in a newspaper of daily circulation in the city, whichever occurs first, whenever in the manager's reasonable judgment such measures are necessary to maintain, conserve, replenish, or protect the water supply of the city. The manager shall determine the extent and duration of any water conservation measures implemented. Nothing in this section shall be deemed to limit or restrict the emergency powers of the city manager under section 11-1-27, "Water Restrictions in Case of Emergency," B.R.C. 1981.
Ordinance Nos. 5068 (1987); 5426 (1991); 5526 (1992); 7010 (1999)
11-1-49 Water Conservation Measures.
(a) The city manager may prohibit or restrict the use of water from the water utility or from any other source of water owned by the city.
(b) The city manager may impose water conservation measures, including, without limitation, the following:
(1) Restrictions limiting water which may be used for lawn irrigation or other purposes outside a residence, apartment, commercial, or industrial building or any other structure on a schedule established by the manager.
(2) Restrictions on filling swimming pools.
(3) Restrictions on vehicle washing, including, without limitation, the restriction that vehicles may be washed only with a bucket or a hose running with an automatic shut-off nozzle but not with any free-running hose.
(4) Restrictions on the hours during which water may be utilized for outside irrigation of lawns, gardens, or landscaping.
(5) A moratorium on out-of-city water permits under which no new permits to take or use water from the water utility of the city to serve property located outside the city's corporate limits are issued, notwithstanding the provisions of section 11-1-15, "Out-of-City Water Service," B.R.C. 1981.
(6) If the city manager imposes a moratorium on out-of-city water permits, the manager may, upon recommendation of the director of public works for utilities, permit special requests to the city council and only upon a written finding of extreme hardship resulting in immediate danger to life or property. The manager may impose such reasonable conditions upon the grant of any exception authorized herein as the manager deems advisable.
Ordinance Nos. 5068 (1987); 5426 (1991); 7010 (1999); 7215 (2002); 7270 (2003)
(a) If the city manager imposes daily or hourly watering restrictions, the manager may issue special permits, upon recommendation of the director of utilities, as follows:
(1) For watering newly sodded lawns, each day for a period not exceeding fourteen consecutive days;
(2) For watering newly seeded lawns, each day for a period not exceeding twenty-five consecutive days;
(3) For period watering of outside stock at nurseries, greenhouses, and stores;
(4) When there are circumstances that do not permit a water user to deliver three-fourths of an inch of water per week on landscaped grounds of the user's premises, if the water user submits a plan describing the area to be served and the method to be used to deliver an adequate amount of water; and
(5) For water schedules otherwise prohibited, in cases of a clear and present hardship.
(b) An applicant for a special permit shall pay the special permit fee prescribed by section 4-20-23, "Water Permit Fees," B.R.C. 1981, and apply in writing on forms provided by the city manager that contain the following information: the reasons for requesting the permit; the period of time for which the permit is requested; the area or address of the premises to which such permit applies; for requests for additional watering times, a plan describing the area for which the permit is requested and a description of the method to be used to deliver an adequate amount of water to the area; and such other applicable information as the manager may reasonably request in order to review the application.
(c) The application shall be submitted to the director of utilities, who shall review all requests for special permits and forward a copy of the application and a recommendation thereon to approve, deny, or approve with conditions to the city manager for final review, approval, denial, or approval with conditions. If the manager denies the application or approves it with conditions, the applicant may, within five days of receiving the decision, request a hearing before the manager under the procedures prescribed by chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, except that the manager shall hold the hearing within twenty-one days of the date of the applicant's written request. The hearing officer shall not be the same person who denied the application.
(d) The holder of each special permit shall post the permit in a conspicuous place on the premises to which the permit applies so that it is readily visible from the street in front of or abutting the premises.
(e) No person who holds a special permit shall transfer that permit from the premises for which the permit is issued to any other premises or location. Any attempt to do so voids the permit.
(f) If any person holding a permit under this section violates any condition of the permit, the city manager may revoke the permit, after affording the permittee an opportunity for a hearing under chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. Before such hearing, the manager may suspend the permit for up to twenty days, if the manager finds that the public health, safety, and welfare requires such suspension.
(g) The city manager may establish such additional procedures as deemed necessary for the review and processing of special permit applications.
(h) The city manager may establish a moratorium on the issuance of some or all of the special permits authorized by this section.
Ordinance Nos. 5425 (1991); 7215 (2002)
11-1-51 Enforcement of Water Conservation Measures.
No owner and no occupant of a premises receiving municipal water shall fail to comply with the provisions of sections 11-1-25, "Duty to Maintain Service Lines and Fixtures," 11-1-48, "Water Conservation Program," 11-1-49, "Water Conservation Measures," and 11-1-50, "Special Permits," B.R.C. 1981. Violations of the provisions of these sections during any time when water conservation measures have been imposed by the city manager pursuant to section 11-1-49, "Water Conservation Measures," B.R.C. 1981, are subject to imposition of the following penalties:
(a) Administrative Charges:
(1) For a first violation within a twelve-month period, the city manager shall notify the owner in writing of the violation and that a $50.00 water waste charge is due, payable, and collectable pursuant to the provisions of this chapter within ten days of the date of the notice.
(2) For a second violation within a twelve-month period at the same premises, the city manager shall notify the owner in writing of the violation and that a $100.00 water waste charge is due, payable, and collectable pursuant to the provisions of this chapter within ten days of the date of the notice.
(3) For a third or any subsequent violation within a twelve-month period at the same premises, the city manager shall notify the owner in writing of the violation and that a $300.00 water waste charge is due, payable, and collectable pursuant to the provisions of this chapter within ten days of the date of the notice.
(4) The notice of the water waste charge shall be served no later than thirty days after the city manager learns of the violation and the identity of the owner of the property. Service shall be upon the owner of the property in person or by first class or certified mail addressed to the last known owner of the property on the records of the Boulder County Assessor. The manager may send copies of the notice to such occupants of the property or agents of the owner as the manager deems useful. The notice shall advise the owner of the right to a hearing under paragraph (a)(5) of this section, and that if payment of the water waste charge is not received by the city or a hearing requested within the ten days, the water waste charge, together with a $15.00 administrative processing fee, will appear on the next regular water bill.
(5) The owner of the property notified of a water waste charge, or any agent of the owner authorized in writing by the owner, may file a written request for a hearing regarding the factual basis for imposing the charge with the municipal court within ten days of the date of the notice. The request must identify the notice being appealed by attaching a copy or otherwise identifying it, and shall contain the name, address, and telephone number of the person to whom notice of the date, time, and place of the hearing should be given. Filing occurs when the municipal court receives the request. The hearing shall be conducted in accordance with chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981, before a judge or a hearing officer appointed by the presiding judge of the municipal court. The city bears the burden of establishing the factual basis for imposing the water waste charge by a preponderance of the evidence, and if that basis is established the hearing officer shall order the charge paid within ten days, subject to the $15.00 administrative fee and the collection procedures of this chapter if not paid within that time. Failure to request a hearing within the time provided or attend any such hearing constitutes a waiver of the right to such hearing and a determination of all issues then existing as supporting the factual basis for imposing the water waste charge.
(b) Additional Remedies: After three notices of a water waste charge have been served upon an owner for violation of any of the provisions of subsection 11-1-25(a), B.R.C. 1981, concerning the duty to maintain service lines and fixtures, or sections 11-1-48, "Water Conservation Program," and 11-1-49, "Water Conservation Measures," B.R.C. 1981, within any twelve-month period, in addition to or in lieu of a further notice of a water waste charge the city manager may, in the manager's discretion:
(1) Cut Off Water: Suspend water service to the premises for a period of time not to exceed thirty days after giving notice and an opportunity for a hearing in accordance with chapter 1-3, "Quasi-Judicial Hearings," B.R.C. 1981. The owner of the premises is responsible for paying the charges prescribed by section 4-20-24, "Water Service Fees," B.R.C. 1981, for termination of service and for resumption of service before service, if suspended, is resumed. The manager may reduce the period of suspension or hold a threatened suspension in abeyance if the owner presents and implements a plan acceptable to the manager to prevent further violations; and
(2) Criminal Penalties: Prosecute violators in municipal court pursuant to the provisions of section 5-2-4, "General Penalties," B.R.C. 1981, and the normal procedures of a municipal court prosecution.
(3) Proof of Evidence: In order for the manager to proceed under this subsection it is sufficient that the manager prove, by a preponderance of the evidence, that the three predicate notices were properly served and that they were for alleged violations which all took place within twelve months of each other.
Ordinance Nos. 5068 (1987); 5875 (1997); 7010 (1999); 7215 (2002)
11-1-52 Water Plant Investment Fee.
(a) Applicability: Any applicant desiring to take and use water from the water utility of the city shall pay to the city a water plant investment fee pursuant to the schedule of fees prescribed by section 4-20-26, "Water Plant Investment Fees," B.R.C. 1981, in addition to all other charges relating to water service elsewhere described in this chapter.
(1) Applicants desiring to take and use water from the water utility of the city for a structure proposed to be built within the city limits shall pay such fee prior to the scheduling of final building inspection.
(2) Applicants desiring to take and use water from the water utility of the city for an existing structure within the city limits or any structure outside the city limits, whether existing or proposed, and applicants for irrigation use shall pay such fee prior to the time of issuance of water utility connection permit or permit to enlarge existing water service and meter.
(3) Applicants desiring to change or enlarge the use of water to an existing structure that requires an additional plant investment fee shall pay such fee prior to issuance of the building permit.
(b) Residential Uses: For purposes of this section, residential uses include, without limitation, single unit and multi unit dwellings. All other utility customers are "nonresidential," including, without limitation, business, commercial, industrial and institutional connections and recreational facilities appurtenant to residential developments.
(c) Combined Uses: Developments with combined residential and nonresidential uses in the same structure shall pay a plant investment fee based on the individual uses within the structure. The "nonresidential" portion of the developments shall be assessed in accordance with the "nonresidential" fee schedule. The residential portion shall be assessed in accordance with the residential fee schedule.
(d) Landscape Irrigation Systems: All utility customers (except owners of single-unit dwellings and townhouse units) who desire to install landscape irrigation systems, including the developer of a townhouse complex or an association of townhouse owners desiring to install a landscape irrigation system on a portion of the commonly owned land, shall install a separate meter and pay a water plant investment fee based on the schedule of fees.
(e) Information Required: All applicants shall provide all pertinent information that the city manager may require to determine the plant investment fee, including, without limitation, a set of plans certifying the number and type of plumbing fixtures and the maximum design and demand in gallons per minute of any desired landscape irrigation system, along with the area of said irrigated land.
(f) Changes to Water Use: No customer of the water utility or a water district obtaining service under contract with the city shall make any changes or additions to the property that would affect the use of water without first obtaining permission to make such changes and a new permit for the use of the water under section 11-1-14, "Permit to Make Water Main Connections," B.R.C. 1981, and paying the plant investment fee. The city manager shall credit such user an amount equal to the plant investment fee that would have been charged before the change or addition, but if the credit is less than the amount previously paid for a water plant investment fee, the amount paid shall be allowed as a credit. The credit shall be based upon documented historic water use data or other available, relevant data. But no credit shall be allowed for a plant investment fee collected from out-of-city customers that exceeds that charged to in-city customers. No refund shall be paid to any water user who obtains permission to decrease the demand for service. No cash refunds shall be paid for allowable credit exceeding the new plant investment fee. The credit prescribed by this subsection applies to only the property served by the existing water service line and to only water plant investment fees owed to the city and not to other utility fees or charges. Credit will not be allowed for service line stubs or for services not in use for a continuous period of five years or more. Prior to the expiration of the five years, the applicant may request an extension of time to receive a credit for water plant investment fees owed to the city. The city manager may grant such extensions based on a showing of good cause by the applicant.
(g) Collection of Fee: The city may look only to the owner and the owner's successors in interest of each premises, building, lot, house, or dwelling unit desiring water service for the payment of the assessed water plant investment fee.
(h) Processing of Requests: All building permit applications and other requests for water service received by the water utility will be processed in compliance with the plant investment fee schedule prescribed by section 4-20-26, "Water Plant Investment Fees," B.R.C. 1981 in effect as of the date of submission.
(i) Access to Premises: The city manager may have access at reasonable times to all premises of water utility users for purposes of counting and verifying existence of fixtures to determine plant investment fees.
(j) Special Agreements and Contracts: Any applicant desiring to use water from the water utility, if such water use demand is greater than the water use demand anticipated for the property and use, based on land use zoning and approved utility master planning, shall enter into a special agreement with the city and shall pay a water plant investment fee pursuant to section 4-20-26, "Water Plant Investment Fees," B.R.C. 1981. Such special agreement shall contain the legal description of the property, the use to be served, and a description of the instantaneous peak, daily peak, and annual water demand for the property and use, a description of the water use demand as anticipated by the city, and terms of the PIF payment. In addition, such special agreement may also contain financing, connection and monitoring provisions to accommodate equitably the needs of the user, and no statement contained in this chapter shall be construed as prohibiting such provisions. A copy of each proposed special agreement shall be placed on a city council agenda prior to execution, so that the council has an opportunity to call the agreement up for council review.
Ordinance Nos. 5075 (1987); 5106 (1988); 5499 (1992); 5526 (1992); 5760 (1995); 5769 (1996); 5845 (1996); 6093 (1999); 7478 (2006); 7643 (2009)
The water utility shall hold all monies received by the city as water plant investment fees pursuant to this chapter and make expenditures thereof only for the purpose of water utility capital improvements, reconstruction or expansion of the water utility, or other purposes related to the foregoing functions of the water utility system.
11-1-54 Certification of Unpaid Charges to County Treasurer.
If any person fails or refuses to pay when due any charge imposed under this chapter, the city manager may, in addition to taking other collection remedies, certify due and unpaid charges to the Boulder County Treasurer to be levied against the person's property for collection by the county in the same manner as delinquent general taxes upon such property is collected, as provided in section 2-2-12, "City Manager May Certify Taxes, Charges, and Assessments to County Treasurer for Collection," B.R.C. 1981.
11-1-55 Water Utility Enterprise.
In addition to any of the powers it may have by virtue of any of the applicable provisions of state law, the city charter, and this code, the water utility enterprise shall have the power under this chapter:
(a) To acquire by gift, purchase, lease, or exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better and to extend water facilities, wholly within or wholly without the city or partially within and partially without the city, and to acquire in the name of the city by gift, purchase, or the exercise of the right of eminent domain water rights, lands, easements, and rights in land in connection therewith;
(b) To operate and maintain water facilities for its or the city's own use and for the use of public and private consumers and users within and without the territorial boundaries of the city;
(c) To accept federal funds under any federal law in force to aid in financing the cost of engineering, architectural, or economic investigations or studies, surveys, designs, plans, working drawings, specifications, procedures, or other action preliminary to the construction of water facilities;
(d) To accept federal funds under any federal law in force for the construction of necessary water facilities;
(e) To enter into joint operating agreements, contracts, or arrangements with consumers concerning water facilities, whether acquired or constructed by the water utility enterprise or the consumer, and to accept grants and contributions from consumers for the construction of water facilities;
(f) To prescribe, revise, and collect in advance or otherwise, from any consumer or any owner or occupant of any real property connected therewith or receiving service therefrom, rates, fees, tolls, and charges or any combination thereof for the services furnished by, or the direct or indirect connection with, or the use of or any commodity from such water facilities; and in anticipation of the collection of revenues of such facilities, to issue revenue bonds to finance in whole or in part the cost of acquisition, construction, reconstruction, improvement, betterment, or extension of such facilities; and to issue temporary bonds until permanent bonds and any coupons appertaining thereto have been printed and exchanged for the temporary bonds;
(g) To pledge to the punctual payment of said bonds and interest thereon all or any part of the revenues of the water facilities or of wastewater facilities under chapter 11-2, "Wastewater Utility," B.R.C. 1981, including the revenues of improvements, betterments or extensions thereto thereafter constructed or acquired, as well as the revenues from existing water or wastewater facilities;
(h) To enter into and perform contracts and agreements with other governmental entities and utility enterprises for or concerning the planning, construction, lease, or other acquisition and the financing of water facilities and the maintenance and operation thereof;
(i) To make all contracts, execute all instruments, and do all things necessary or convenient in the exercise of the powers granted in this section or elsewhere in state law, the city charter, or this code, or in the performance of its covenants or duties, or in order to secure the payment of its bonds if no encumbrance, mortgage, or other pledge of property, excluding any pledged revenues, of the water utility enterprise or city is recreated thereby, and if no property, other than money, of the water utility enterprise or city is liable to be forfeited or taken in payment of said bonds, and if no debt on the credit of the utility enterprise or city is thereby incurred in any manner for any purpose; and
(j) To issue refunding bonds pursuant to this code or other applicable law to refund, pay, or discharge all or any part of its outstanding revenue bonds issued under this article or under any other law, including any interest thereon in arrears or about to become due or yield reduction payments required to be made to the federal government to maintain the tax-exemption of interest on the refunding or refunded bonds, or for the purpose of reducing interest costs, effecting a change in any particular year or years in the principal and interest payable thereon or in the related utility rates to be charged, affecting other economies, or modifying or eliminating restrictive contractual limitations appertaining to the issuance of additional bonds or to any municipal water and wastewater facilities.
Ordinance No. 5601 (1993)
(a) In accordance with and through the provisions of this section, the water utility enterprise, through its governing body, is authorized to issue bonds or other obligations payable solely from the revenues derived or to be derived from the functions, services, benefits or facilities of such enterprise or from any other available funds of such enterprise. Such bonds or other obligations shall be authorized by ordinance, adopted by the city council in the same manner as other ordinances of the city. Such bonds or other obligations may be issued without voter approval provided that, during the fiscal year of the city preceding the year in which the bonds or other obligations are authorized, the water utility enterprise received under ten percent of its annual revenue in grants or, during the current fiscal year of the city, it is reasonably anticipated that such enterprise will receive under ten percent of its revenue in grants. Nothing in this section shall be construed so as to require voter approval where such approval is not otherwise required by the constitution and laws of the state or the charter of the city including, without limitation, refunding bonds.
(b) The terms, conditions, and details of said bonds, or other obligations, and the procedures related thereto shall be set forth in the ordinance authorizing said bonds or other obligations and shall, as nearly as may be practicable, be substantially the same as those provided in part 4 of article 35 of title 31, C.R.S., relating to water and sewer revenue bonds; except that the purpose for which the same be issued shall not be so limited and except that said bonds, or other obligations must be sold at public sale in accordance with the provisions of the city charter. Notice of public sale shall comply with the requirements of the city and need not comply with paragraph 31-35-404(2)(c), C.R.S. Each bond, note, or other obligation issued under this section shall recite in substance that said bond, note, or other obligation, including the interest thereon, is payable from the revenues and other available funds of the water utility enterprise and the wastewater utility enterprise pledged for the payment thereof. Notwithstanding any other provision of law to the contrary, such bonds or other obligations may be issued to mature at such times and shall bear interest at such rates as shall be determined by the city council. Refunding bonds of the water utility enterprise need not comply with section 31-35-412, C.R.S. but shall be issued as provided in part 1 of article 56 of title 11, C.R.S. or any other applicable law. The powers provided in this section to issue bonds, or other obligations are in addition and supplemental to, and not in substitution for, the powers conferred by any other law, and the powers provided in this section shall not modify, limit, or affect the powers conferred by any other law either directly or indirectly. Bonds, notes, or other obligations may be issued pursuant to this section without regard to the provisions of any other law. Insofar as the provisions of this section are inconsistent with the provisions of any other law, the provisions of this section shall control with regard to any bonds lawfully issued pursuant to this section.
(c) Any pledge of revenue or other funds of the water utility enterprise shall be subject to any limitation on future pledges thereof contained in any ordinance of the governing body of the water utility enterprise or of the city authorizing the issuance of any outstanding bonds or other obligations of the water utility enterprise or the city payable from the same source or sources. Bonds or other obligations, separately issued by the city and the water utility enterprise but secured by the same revenues or other funds shall be treated as having the same obligor and as being payable in whole or in part from the same source or sources.
Ordinance No. 5601 (1993)
For all purposes under the city charter and this code, the governing body of the water utility enterprise shall be the city council. The governing body shall be subject to all of the applicable laws, rules, and regulations pertaining to the city council. Whenever the city council is in session, the governing body shall also be deemed to be in session. It shall not be necessary for the governing body to meet separately from the regular and special meetings of the city council, nor shall it be necessary for the governing body to specifically announce or acknowledge that actions taken thereby are taken by the governing body of the water utility enterprise. The governing body may conduct its affairs in the same manner and subject to the same laws which apply to the city council for the same or similar matters.
Ordinance No. 5601 (1993)
11-1-58 Maintenance of Enterprise Status.
The water utility enterprise shall at all times and in all ways conduct its affairs so as to continue to qualify as a "water activity enterprise" within the meaning of section 37-45.1-102, C.R.S., and as an "enterprise" within the meaning of article X, section 20 of the Colorado Constitution. Specifically, but not by way of limitation, the water utility enterprise is not authorized and shall not receive ten percent or more of its annual revenue in grants.
Ordinance No. 5601 (1993)
1 Adopted by Ordinance No. 4672. Derived from Ordinance Nos. 2444, 2693, 2780, 2872, 2944, 3083, 3192, 3422, 3446, 3456, 3478, 3560, 3601, 3672, 3725, 3745, 3761, 3930, 4027, 4031, 4119, 4123, 4335, 4351, 4365, 4366, 4412, 4584, 4664.
2 Section 11-1-41, "Extensions of Water Mains," B.R.C. 1981.
3 Section 11-1-42, "Agreement To Extend Water Mains," B.R.C. 1981.
4 See section 11-1-14, "Permit To Make Water Main Connections," B.R.C. 1981.