HomeMy Public PortalAboutOrdinance 404 Amending Chapter 13, Articles 2 & 4 of the Municipal Code of the Town of Fraser CO, with Respect to Water & Sanitary Sewer Service & Charges Applicable in the Town of Fraser & Amending Chapter 2, Article 10 Duties & Function of Water & Waste TOWN OF FRASER
ORDINANCE NO. 404
Series 2013
AN ORDINANCE AMENDING CHAPTER 13, ARTICLES 2 AND 4 OF THE MUNICIPAL
CODE OF THE TOWN OF FRASER, COLORADO, WITH RESPECT TO WATER AND
SANITARY SEWER SERVICE AND CHARGES APPLICABLE IN THE TOWN OF
FRASER AND AMENDING CHAPTER 2, ARTICLE 10, OF THE MUNICIPAL CODE
REGARDING THE DUTIES AND FUNCTIONS OF THE WATER AND WASTEWATER
COMMITTEE.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE
TOWN OF FRASER, COLORADO, AS FOLLOWS:
PART 1: AMENDMENT OF CHAPTER 13 OF THE MUNICIPAL CODE. Chapter 13
(Municipal Utilities) of the Code of the Town of Fraser, Colorado (herein sometimes
referred to as the "Municipal Code") is hereby amended as follows [Note: additions are
shown in bold underlined print; deletions are shown as s print; the notation
"No Change" indicates that the referenced provisions are not modified]:
1_1 Article 2 (Water System), Section 13-2-50 (Service Connections) and
Section 13-2-330 (Additional Fees and Charges) are hereby amended as follows:
Sec. 13-2-50. Service connections.
(a) - (d) [No Change]
(e) Owner to maintain service line. The owner of any property connecting to
the water utility shall be responsible for the maintenance of the water service line
from the corporation stop on the main to the structure being served and shall
keep such line in good condition at his or her expense. The property owner shall,
at his or her expense, at all times keep all pipes, fixtures and appliances on said
property leak-free and in good working order so as to prevent waste of water.
Leaks or breaks in any portion of the water service line shall be repaired by
the property owner within a reasonable period of time after notification of
such condition by the Town, or within the time specified in the notification
from the Town, if applicable. The Town reserves the right to shut off the
water service, effect a repair and collect the cost thereof from the
customer, if notification of the customer cannot be accomplished in a
timely manner, if the customer does not act promptiv to effect the repair, or
if, in the sole opinion of the Town Manager, other circumstances make
such action necessary and in the best interests of the Town. Without
limiting the generality of the foregoing, the Town may charge the customer
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for repairs if the source of a leak is not obvious, and upon investigation by
the Town, the source of the leak is determined to be the customer's service
line. In all such cases where a_leak occurs in a service line, the customer
shall be responsible for costs of repairing the service line and any
collateral damage caused by the leak and repairs including any damage to
adjoining public rights of way or infrastructure. The Town's lien as
provided in Section 13-2-280, shall extend to and secure all such costs and
other sums owed to the Town. No adjustment shall be made on water
service fees by reason of a leak in a service line. Any water leak is
considered an emergency and shall be handled as such.
(f) - (i) [No Change]
Sec. 13-2-330. Additional fees and charges.
(a) - (b) [No Change]
(c) The owner of any premises served shall also be liable for and shall
reimburse the Town for all costs incurred in connection with the collection
of any fees, charges, penalties or other sums payable for the provision of
water equipment or service to the premises, or in connection with the
enforcement of this Article, including reasonable attorney fees, whether or
not suit is brought. The Town's lien shall extend to and secure all such
costs and other sums owed to the Town.
1_2 Article 4 (Sanitary Sewer System), Section 13-4-30 (General provisions and
matters) and Section 13-4-50 (Plant investment fees) are hereby amended; as follows:
Sec. 13-4-30. General provisions and matters.
(a) - (b) [No Change]
(c) Service line maintenance. It shall be the responsibility of the property
owner to keep the sanitary sewer service line between the building and the public
sanitary sewer main clean and clear of any obstructions and to keep said service
line in good repair at all times, so that exfiltration and infiltration are kept to a
minimum and so that there shall be no accumulation of septic sewage therein.
Leaks or breaks in any portion of the sewer service line shall be repaired
by the property owner within a reasonable period of time after notification
of such condition by the Town, or within the time specified in the
notification from the Town, if applicable. The Town reserves the right to
disconnect the sewer service, effect a repair and collect the cost thereof
from the customer, if notification of the customer cannot be accomplished
in a timely manner, if the customer does not act promptly to effect the
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repair, or if, in the sole opinion of the Town Manager, other circumstances
make such action necessary and in the best interests of the Town. Without
limiting the generality of the foregoing, the Town may charge the customer
for repairs if the source of a leak is not obvious, and upon investigation by
the Town, the source of the leak is determined to be the customer's service
line. In all such cases where a leak_occurs in a service line, the customer
shall be responsible for costs of repairing the service line and any
collateral damage caused by the leak and repairs, including any damage to
adjoining public rights of way or infrastructure. The Town's lien, as
provided in Section 13-4-90, shall extend to and secure all such costs and
other sums owed to the Town. No adjustment shall be made on sewer
service fees by reason of a leak in a service line. Any sewer leak is
considered an emergency and shall be handled as such.
(d) - (e) [No Change]
Sec. 13-4-50. Plant investment fees.
(a) An applicant for sanitary sewer service i -M shall pay a
sanitary sewer plant investment fee for each sanitary sewer-using &FL& unit
requesting such service.
Sanitary Sewer plant investment fees will be established by the Board of
Trustees by resolution and are subject to change from time to time. Such
fee shall be paid in full prior to the time a building permit is issued and
prior to the time that each sanitary sewer-using unit is connected to the
Town sanitary sewer system. Said fee shall be in addition to all other fees
or changes related to water service elsewhere described in this Chapter,
and such plant investment fee shall not be rebated under any
circumstances.
(b) The sanitary sewer plant investment fee for each SFE unit is
contained in Appendix A to this Code.
(c) Upon payment of the plant investment fee, the sanitary sewer-using
unit may access the Town sanitary sewer system for construction in
accordance with the provisions of this Article. Sanitary sewer service fees
are applicable to the sanitary sewer-using unit ninety (90) days after
payment of the plant investment fee.
(d) The sanitary sewer plant investment fee for anv new development or
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change of use shall be determined by multiplying the sanitary sewer plant
investment fee per SFE rate by the applicable SFE multiplier set forth in the
SFE Schedule for Plant Investment Fees in Section 13-2-210(d)(1-6). This
SFE schedule is based upon typical expectations for the specified water
meter size and/or use. Unusual circumstances, or uses not specified
within the schedule, may require further evaluation to determine the
applicable SFE rate.
(e) A sanitary sewer-using unit that replaces an existing water meter
with a larger water meter shall be responsible for additional plant
investment fees in accordance with the increase in SFEs.
1.3 Article 4 (Sanitary Sewer System), Section 13-4-60 (Sewer rates) is
renumbered as Section 13-4-70 (Sewer rates), and Section 13-4-70 (Transfer or
sales of plant investment fees) is renumbered as 13-4-60 (Transfer or sale of plant
investment fees), and those sections are amended as follows:
Sec. 13-4-60. Transfer or sales of plant investment fees.
Sec. 13-4-60(5).
and aseebints must 6WFF@Iqt, OF the plant LOO mow he
Sec. 13-4-70. Services rates.
en payment nf plopt Fees are hereby
levied and assessed for sanitary sewer service at the rates as established
from time to time by resolution adopted by the Board of Trustees. Such
rates are hereby found, determined and declared by the Board of Trustees
to be equitable and Rust.
1.4 Article 4 (Sanitary Sewer System), Section 13-4-80 (Connection to
sewer) is renumbered as Section 13-4-120 (Connection to sewer) with no
changes.
1.5 Article 4 (Sanitary Sewer System), Section 13-4-90 (Miscellaneous
provisions) is renumbered as Section 13-4-140 (Miscellaneous provisions) and
amended as follows:
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Sec. 13-4-140. Miscellaneous provisions.
(a)
(1) — (5) [No Changes]
6)
And'
(7) [renumbered (6)with no changes]
(b) [Delete in entirety]
(1) Onanunt Rot Paid tiffiely,
(2)
(c) [Delete in entirety]
(d) [renumber (b)] (Intamat Additional charges; lien. ,
The owner of any premises served shall also be
liable for and shall reimburse the Town for all costs incurred in connection
with the collection of any fees, charges, penalties or other sums payable
for the provision of sanitary sewer equipment or service to the premises, or
in connection with the enforcement of this Article, including reasonable
attorney fees, whether or not suit is brought. The Town's lien shall extend
to and secure all such costs and other sums owed to the Town.
(e) - (f) [renumbered (c) - (d)with no changes]
1.6 Article 4 (Sanitary Sewer System) is hereby amended by the addition of
the following new sections: Section 13-4-80 (Basis for sanitary sewer service
fee), Section 13-4-90 (Late payment charges), Section 13-4-100 (Unpaid sanitary
sewer bills a lien), Section 13-4-110 (Delinquent charges places on tax tolls) and
Section 13-4-150 (Deferral of plant investment fees), as follows:
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Sec. 13-4-80. Basis for sanitary sewer service fee.
All rates for sanitary sewer service shall be based on the SFE schedule as
defined in Subsection 13-2-210(d)(1-6). Fees for sanitary sewer service will be
established and subject to change form time to time upon approval of the Board
of Trustees by resolution.
Sec. 13-4-90. Late Payment charges.
Sanitary sewer accounts are billed on the last day of the quarter and shall
be considered delinquent on the twenty-sixth day of the following month.
Delinquent accounts will be assessed a penalty as adopted by the Board of
Trustees and a finance charge of one percent (1%) per month on the unpaid
balance due.
Sec. 13-4-100. Unpaid sanitary sewer bills a lien.
(a) All unpaid sanitary sewer fees and charges shall be a lien upon the
sanitary sewer-using property and/or the sanitary sewer-using unit to or for which
sanitary sewer was provided from the time when said taxes and charges become
due and shall be a perpetual charge and lien against said sanitary sewer-using
property and/or sanitary sewer-using unit until paid. Said taxes and charges
shall be collected and such lien enforced as provided by law.
(b) In addition to the foregoing, the Town may terminate service to the
property and/or the sanitary sewer-using units to or for which sanitary sewer was
provided until such time as all unpaid sanitary sewer fees and charges are paid.
Terminated sanitary sewer service will not be reconnected until all fees and
charges are paid or arrangements are made for payment as approved by the
Town.
Sec. 13-4-110 Delinquent charges placed on tax rolls.
In addition to or as an alternative to the foregoing sections for collection of
unpaid sanitary sewer charges, and to the other remedies provided in this Article,
in the event that any charges as provided in this Article are not paid when due,
which charges shall include service fees, plant investment fess, penalties,
interest and attorneys' fees, among any other charges, the Town Clerk may
certify such delinquent charges to the County Treasurer to be placed by the
County Treasurer upon the tax rolls for the current year, to be collected in the
same manner as other taxes are collected, with ten percent (10%) of the amount
of such delinquency added thereto to defray the costs of collection; and all laws
of the State for the assessment and collection of general taxes and the
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enforcement of liens therefor, including the laws of the sales of property,
delinquency taxes and redemption of the same, shall apply. The property to be
assessed the delinquent charges shall be that real property which is being
benefited by the sanitary sewer service provided by the Town or contemplated to
be provided by the Town, for which the particular sanitary sewer charges have
not yet been paid. This certification and assessment may be made by the Town
Clerk whenever any delinquent charges exist.
Sec. 13-4-130 Deferral of plant investment fees.
(a) For purposes of this Section, the following words and phrases shall have
the meanings as defined herein:
Affordable housing means residential dwelling units for which the annual
purchase or rental expense does not exceed thirty percent (30%) of the
gross annual income for low-income families in the County, as published
in the latest edition of the U.S. Department of Housing and Urban
Development Block Grant Program Guidelines.
Qualified developer means any person constructing new residential
housing within the Town who is contractually bound, through financing
arrangements or otherwise, by a governmental or nonprofit agency other
than the Town, to provide all or a major portion of such residential housing
as affordable housing for a period of twenty (20) years or more.
(b) A qualified developer may request deferral of payment of sanitary sewer
plant investment fees by submitting a written application to the Board of Trustees
in conjunction with development or subdivision review for an affordable housing
project. The applicant shall submit written proof of eligibility demonstrating to the
satisfaction of the Board of Trustees that the applicant is a qualified developer
and the proposed project will provide affordable housing in accordance with the
requirements or this Section. Adequate proof shall also be submitted that the
developer cannot afford to immediately pay the sanitary sewer plant investment
fees for which deferral is requested, and that the deferral is necessary to make
the project financially feasible.
(c) Final determination of eligibility for deferral of sanitary sewer plant
investment fees, and the terms and conditions for any such deferral, shall be
made by the Board of Trustees. If determined to be eligible and as a condition to
the grant of any deferral, the applicant shall be required to enter into a contract
with the Town stating the terms of payment for the deferred sanitary sewer plant
investment fees, and including suitable guarantees, as determined by the Board
of Trustees, that the project shall remain available as affordable housing for
twenty (20) years or more. Each such contract shall provide that, in case of any
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default by the developer in the payment of the deferred fees or in the
performance of the other terms of the contract, such fees shall become
immediately due and payable and shall be subject to the collection and penalty
provisions of this Article.
(d) Any deferral of payment of sanitary sewer plant investment fees that is
granted pursuant to this Section shall not be construed as excusing the
performance of any other duty or obligation as required by this Article.
Sec. 13-4-150. Civil Action.
The Town shall have the right to recover all sums due under the terms of
this Article by judgment and execution thereon through civil action in any court of
competent jurisdiction. Such remedy shall be cumulative with all other remedies
provided herein for the enforcement of this Article.
Sec. 13-4-160. Violations.
Failure to comply with the terms of this Article by failure to pay the
necessary fees, charges and taxes and failure to otherwise comply with the
terms of this Article shall constitute an offense and a violation thereof. Every
person violation this Article shall be punished, upon conviction, by a fine or not
less than twenty-five dollars ($25.00) nor more than one thousand dollars
($1,000.00) or by imprisonment for a term not exceeding one (1) year, or both
such fine and imprisonment for each offense. Account delinquency for each
calendar month shall constitute a separate offense.
PART 2: AMENDMENT OF CHAPTER 2 OF THE MUNICIPAL CODE. Chapter 2
(Administration), Article 10 (Water and Wastewater Committee) of the Municipal Code is
hereby amended by the addition of the following new sections:
Sec. 2-10-90. Appeals.
(a) The Water and Wastewater Committee shall hear and decide appeals
from and review any order, requirement, decision, or determination made by any
administrative official or Town staff charged with the administration or enforcement
of any provision of Chapter 13 (Municipal Utilities), Article 2 (Water System) and
Article 4 (Sanitary Sewer System), except for any decision or determination made by
the Board of Trustees pursuant to said Articles, which action shall be final.
(b) Notice of such appeal shall be in writing, specifying the grounds thereof,
which shall be filed with the administrative officer or official from whom the appeal is
taken within ten (10) days after the issuance of the order, decision or other action
that is the subject of the appeal. Failure to file a notice of appeal within the
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prescribed time shall constitute a waiver of the right to appeal.
(c) Upon receipt of the notice of appeal, the officer or official from whom the
appeal is taken shall transmit to the Town Clerk all documents constituting the
record upon which the action appealed from was taken, and the Clerk shall provide
the same to the Committee.
(d) The Committee or its designee shall fix a reasonable time for the hearing
of the appeal and give due notice thereof to the parties. Upon hearing, any party
may appear in person or by agent or attorney. The Water and Wastewater
Committee may reverse or affirm, wholly or partly, or may modify the order,
requirement, decision, or determination appealed from and shall make such order,
requirement, decision, or determination as in its opinion ought to be made in the
premises and to that end has all the powers of the officer or official from whom the
appeal is taken, subject, however, to the vote requirements specified in Subsection
(e) of this Section.
(e) The concurring vote of four (4) members of the Water and Wastewater
Committee shall be required to overturn or modify decisions made by any Town
official or staff upon appeal to the Committee.
(f) The Water and Wastewater Committee shall render its decision on an
appeal within a reasonable time, which decision shall be made or confirmed in
writing and delivered or mailed to each party to the appeal.
Sec. 2-10-100. Appeals from the Water and Wastewater Committee
Every decision of the Water and Wastewater Committee shall be subject to
review by certiorari by the District Court, and as provided by law. Such appeal shall
be filed not later than thirty (30) days from the final action taken by the Water and
Wastewater Committee. Such appeal may be taken by any person aggrieved or by
an officer, department, board or bureau of the Town.
Sec. 2-10-110. Fees; Rules
(a) All appeals to the Water and Wastewater Committee shall be
accompanied by payment of a fee as set forth in Appendix A to this Code for each
separate appeal submitted. Said fee shall not be refunded, notwithstanding that the
applicant has withdrawn such appeal or that the same is denied by the Water and
Wastewater Committee.
(b) The Water and Wastewater Committee is given the authority to adopt any
rules necessary to transact the Committee's business or to expedite its functions or
powers so long as they are not inconsistent with the provisions of the applicable
state statutes and the Municipal Code, and provided further, that such rules and any
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amendments thereto must be approved by the Board of Trustees before taking
effect.
PART 3: PENALTY CLAUSES. The following sections of the Fraser Municipal Code
contain penalty clauses applicable to violations of the above provisions, and such
sections, although not amended, are herewith set forth in full:
Sec. 1-4-10. General penalty for violation.
It shall be unlawful for any person to violate, disobey, omit, neglect, refuse
or fail to comply with or resist the enforcement of any provision of this Code; and
where no specific penalty is provided therefor, the violation of any provision of
this Code shall be punished by a fine not exceeding one thousand dollars
($1,000.00), by imprisonment for a term not exceeding one (1) year, or by both
such fine and imprisonment. Each day such violation continues shall be
considered a separate offense.
Sec. 13-2-360. Violations.
Failure to comply with the terms of this Article by failure to pay the
necessary fees, charges and taxes and failure to otherwise comply with the
terms of this Article shall constitute an offense and a violation thereof. Every
person violating this Article shall be punished, upon conviction, by a fine of not
less than twenty-five dollars ($25.00) nor more than one thousand dollars
($1,000.00) or by imprisonment for a term not exceeding one (1) year, or both
such fine and imprisonment for each offense. Account delinquency for each
calendar month shall constitute a separate offense.
PART 4: REPEAL. Any and all existing ordinances or parts of ordinances of the Town
of Fraser covering the same matters as embraced in this Ordinance are hereby
repealed and all ordinances or parts of ordinances inconsistent with the provisions of
this ordinance are hereby repealed; provided, however, that such repeal shall not affect
or prevent the prosecution or punishment of any person for any act done or committed
in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance.
PART 5: SEVERABILITY. If any section, subsection, sentence, clause or phrase of
this Ordinance is, for any reason, held to be invalid or unconstitutional, such decision
shall not affect the validity or constitutionality of the remaining portions of this
Ordinance. The Town of Fraser hereby declares that it would have adopted this
Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the
fact that any one or more sections, subsections, sentences, clauses and phrases
thereof be declared invalid or unconstitutional.
PART 6: EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days after
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passage, adoption and publication thereof as provided by law.
PART 7: PUBLICATION. This Ordinance shall be published by title only.
READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS 15th day of MAY, 2013.
Votes in favor: BOARD OF TRUSTEES OF THE
Votes opposed: TOWN OF COLORADO
Votes abstained: a
BY:
( SEAL )
mm '... Lu Berger, Town Clerk
Published in the Middle Park Times on May 23, 2013.
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