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Title 13 - Water and Sewers

Chapter 13.04 - Water and Sewage Systems and Service
13.04.010 Definitions
A. "City," as used in this chapter, means the City of Lakewood.
B. "Service entity," as used in this chapter, means:
1. A special district formed under the statutes of the state and authorized to render water services or sewer services, or both; or
2. Consolidated Mutual Water Company; or
3. Any other person, company or entity rendering water or sewer services; or
4. The City and County of Denver acting by and through the Denver Board of Water Commissioners.
C. "Service area" means the city plus that area lying outside the boundaries of the city which is within the exterior boundaries of any service entity which is or may be served by the City of Lakewood with water or sewer service, or both. (Ord. O-94-39 § 1, 1994; Ord. O-91-59 § 7 (part), 1991; Ord. O-88-71 § 1 (part), 1989).

13.04.020 Organization
The Lakewood Board of Water and Sewer Commissioners previously established by city ordinance is dissolved. The City Council of the City of Lakewood shall have full power and authority, subject to the City Charter, to operate and maintain the water and sewer systems. All contracts, agreements, rules and regulations, bond issues and other obligations previously entered into by the Lakewood Board of Water and Sewer Commissioners shall remain in full force and effect. Subject to the supervision and control of the City Manager, the Director of Public Works shall administer the water and sewer systems. (Ord. O-94-39 § 2, 1994; Ord. O-88-71 § 1 (part), 1989).

13.04.030 Personnel
Water and sewer employees will be subject to the City of Lakewood personnel policies. (Ord. O-94-39 § 3, 1994; Ord. O-88-71 § 1 (part), 1989).

13.04.040 Water and sewer funds
The water fund and sewer fund, previously established by city ordinance, are continued. All revenues received from the operation of the water and sewer system, together with all the moneys coming into the funds from other sources, including, but not limited to, appropriations by the City Council from the general fund, fees collected for water or sewer service and mill levies and other income to retire bonded indebtedness, shall be placed in the water fund and the sewer fund. All revenues of the water and sewer funds shall be turned over to the Treasurer of the city, who shall open and keep a separate account or accounts for the water fund and for the sewer fund and shall faithfully account for all moneys received and disbursed on account thereof, and each such account shall be a public record. All financial operations of the funds shall be in compliance with all existing administrative policies, city ordinances and resolutions. (Ord. O-94-39 § 4, 1994; Ord. O-88-71 § 1 (part), 1989).

13.04.050 Expenses
All moneys received by the city as water or sewer revenues pursuant to this chapter shall be held by the city. Any expenditures thereof shall be made only for the purpose of water and sewer capital improvements, administrative costs which shall include, but not be limited to, compensation as defined in Section 2.28.080 of the Lakewood Municipal Code, of employees who perform functions for the water or sewer system, reconstruction, operation and maintenance, or expansion of the water and sewer utility or other purposes related to the foregoing functions of the water and sewer system within the City of Lakewood. Said moneys shall be deposited in the water fund or the sewer fund and shall not become a part of the general fund of the City of Lakewood. (Ord. O-94-39 § 5, 1994; Ord. O-88-71 § 1 (part), 1989).

13.04.060 Audit
The City Council shall cause the water and sewer funds to be audited by an independent auditor, at least annually, who shall make a report of his findings to the City Council. The independent auditor shall be the same as designated to audit the city's financial records. All accounts and records shall be fully available to the auditor. (Ord. O-88-71 § 1 (part), 1989).

13.04.070 Water and sewer rates and charges
The City Council shall establish standards of service and shall fix rates for which water and sewer services shall be furnished. Rates shall be sufficient to pay for the operation, maintenance, reserves, debt service, additions, betterments, including those reasonably required for anticipated growth, and to provide for general welfare. The rates may also be sufficient to provide for the accumulation of reserve for improvements and obligations of such magnitude that they cannot be acquired from the surplus revenues in a single year. Rates and connection charges may vary according to demand, quality and volume, but shall be uniformly applied to the end that all persons receiving like services shall pay the same rates and connection charges except that a rate differential may occur to meet obligations which relate to a specific group of customers or properties. The City Council shall establish fees for the extension of service to properties not then being served by it. (Ord. O-88-71 § 1 (part), 1989).

13.04.080 Enforcement of charges
A. In addition to other means provided by law, the City Manager may enforce the payment of any charges by discontinuing water service to the premises at which the charge arose without regard to the ownership or occupancy of such premises. Payment in advance or deposit in lieu thereof may be required by the City Manager to whatever extent he finds such practice conducive to the prompt payment of amounts due on account of water and sewer service. Any discontinuance of water service shall occur only after notice has been provided to the customer and an opportunity for a hearing with the Director of the Department of Planning, Permits and Public Works or his designee has been provided.
B. In addition to other civil collection procedures, all water and sewer fees and charges, together with all interest and penalties for default in payment, and all costs in collecting the same, until paid, shall constitute a perpetual lien on the property receiving the water or sewer service, on a parity with the tax lien of general, state, county, city, town or school taxes, and no sale of such property to enforce any general, state, county, city, town or school tax or other liens shall extinguish the perpetual lien for such fees, charges, interest, penalties and costs.
C. Acceptance of water or sewer service shall be an assumption by the owner of responsibility for payment of such charges, and billing of such service to other than the owner shall not release or invalidate such lien rights.
D. Upon sale, transfer, conveyance or assignment of such property, it shall be the duty of the grantee to pay any outstanding charges as a condition of continuation of service to such property by the city.
E. Delinquent charges may be collected as any other debt owed to the city at the option of the city.
F. No person shall interfere with, tamper, or remove the water and sewer lines, meters, or appurtenances of the water and sewer system, without first obtaining the approval of the manager of the water and sewer division. Enforcement of this subsection shall be in the Municipal Court of the city or the District Court of Jefferson County. No remedy provided herein shall be exclusive, but the same shall be cumulative; and the taking of any action hereunder, including charge or conviction of violation of this chapter in the Municipal Court of the city, shall not preclude or prevent the taking of other action hereunder to enjoin any violation of that ordinance. (Ord. O-94-39 §§ 6, 7, 1994; Ord. O-91-59 § 6 (part), 1991; Ord. O-88-71 § 1 (part), 1989).

13.04.090 Contracts for the rendering of services
A. The City Council is authorized to enter into any contract with any service entity which allows the service entity to provide water and/or sewer service to the Lakewood Water and/or Sewer Service Area. Conversely, the City Council is authorized to enter into any contract with any service entity which allows the city to provide water and/or sewer service to such service entity.
B. The City Council may accept or decline any application for the extension of service to property either outside or within the service area which can feasibly be served by the city.
C. The City Council is authorized to enter into any contract with any service entity, including, but not limited to, the following matters:
1. Assumption of the operation and maintenance of the system or facilities of a service entity;
2. Acquisition of a service entity's system or facilities, or personnel;
3. Transfer of all or part of the assets of the service entity to the city. (Ord. O-94-39 § 8, 1994; Ord. O-88-71 § 1 (part), 1989).

13.04.100 Bonded indebtedness
The City Council shall have the power to issue municipal securities in a manner consistent with the provisions of Title 31, Article 35, Part 4 of the Colorado Revised Statutes. (Ord. O-94-39 § 9, 1994; Ord. O-88-71 § 1 (part), 1989).

13.04.110 Rules and regulations
The City Council may adopt rules and regulations with respect to any matter within its jurisdiction as defined by ordinance. It may provide for enforcement of its rules and regulations by imposing special charges in an amount reasonably calculated to secure compliance or recompense for water or sewer loss, or to provide reimbursement for expenses arising out of violation. In addition to any other lawful remedy, enforcement procedures may include refusal to supply water to a property involved. (Ord. O-88-71 § 1 (part), 1989).

13.04.120 Water and sewer rates

The water rates and sewer rates for customers of the City of Lakewood water system and sewer system shall be adopted by City Council resolution. The water rates currently in effect as set forth in Section13.04.120 of the Lakewood Municipal Code and the sewer rates currently in effect as set forth in OrdinanceO-90-57 shall remain in effect until the Lakewood City Council adopts new rates by resolution. (Ord. O-97-73 § 1, 1997)

Cost of Service Rates
Service Charge
Meter Size             Bi-Monthly
Inches $

5/8                             11.50
¾                               11.50
1                                12.70
1½                             24.80
2                                29.80
3                              132.50
4                              158.90
6                              207.50

Volume Charge - $1.97/1000 gal.
Fire Protection Charges
Size of Service    Bi-Monthly
Inches                         $
1½                              6.00
2                                 6.00
3                               15.80
4                               31.70
6                               88.00
8                             184.90

(Ord. O-93-6 § 1, 1993; Ord. O-90-43 § 1, 1990).

Chapter 13.08 - Relocation of Water and Sewer Facilities in Public Ways
13.08.010 Projects coordination
The providers of water and sewer services and the city shall, as far in advance as possible when working in public streets and drainageways, coordinate through the Jefferson County Utilities Coordinating Committee all projects, each with the other, to minimize current and future anticipated conflicts between public street and drainageway improvements and water and sewer facilities. (Ord. O-94-39 § 10, 1994; Res. 75-138 § 1, 1975).

13.08.020 Future alteration minimization
Project planning and engineering conducted by the city and the various providers of water and sewer services shall consider present and future plans in order to avoid or minimize future alterations in such improvements and facility locations. In cooperation with the provider of water or sewer service, the City Engineer may indicate general location restrictions which would avoid future conflicts but shall not direct locations which are incompatible with the general engineering requirements of the water or sewer system. (Ord. O-94-39 § 11, 1994; Res. 75-138 § 2, 1975).

13.08.030 City's cost liabilities
When facilities of the provider of water or sewer services require relocation due to improvement, changes, or alteration of streets or drainageways, all costs associated with water or sewer facilities relocation and restoration to the equivalent of their preimprovement condition will be included and considered as part of the total street or drainageway improvement cost and paid by the city, unless prior installation of the water or sewer service facilities was performed contrary to a proper location restriction. (Ord. O-94-39 § 12, 1994; Res. 75-138 § 3, 1975).

13.08.040 Service provider's cost liabilities
Costs of adjusting manholes and valve boxes when such work is necessitated by pavement repair or street resurfacing will be borne by the providers of water and sewer service. Unless the provider of such services notifies the city in advance that it will perform the work or desires the manholes to be covered, adjustments will be performed by the city in accordance with standards of the providers of water and sewer service and the city will provide a list specifying locations of work performed together with the bill for such work. (Res. 75-138 § 4, 1975).

13.08.050 Permit application review
To the extent that work in the public way is regulated by city ordinance which requires that such work be done under a permit from the city, the city shall have the prerogative to review such permit applications for work in the public way for the purpose of (1) location of the proposed facility in the street or drainageway, and (2) compliance with construction standards of the city for streets or drainageways. Locations in observance of the permit requirements will be deemed proper. (Res. 75-138 § 5, 1975).

13.08.060 Work resulting from permit noncompliance-Costs liability
Should a provider of water or sewer service elect to perform work without coordinating the project or perform the work without observing proper permit conditions, the cost of any future relocations which would not have been required if the coordination or permit conditions had been observed will be paid by the provider of water or sewer services. (Ord. O-94-39 § 13, 1994; Res. 75-138 § 6, 1975).

13.08.070 Permit grant or denial
If the provider of water or sewer services has coordinated its plans at least thirty days prior to the proposed work, the city shall respond to permit applications within three working days, approving the application as submitted or conditioned upon specific location requirements. Failure to approve the application or specify location requirements will be deemed consent to work in the proposed location. Should the provider of water or sewer service fail to so coordinate the plans, the city will respond to permit applications in accordance with Chapter 12.04 of this code. (Ord. O-94-39 § 14, 1994; Res. 75-138 § 7, 1975).

Chapter 13.12 - Well Drilling
13.12.010 Limitations
The drilling of new wells within the city shall be allowed to depths less than two hundred fifty feet and the construction of any well subsequent to the effective date hereof within the city to a depth below two hundred fifty feet shall be prohibited, except as to all persons who have heretofore initiated their rights to construct said wells to a depth below two hundred fifty feet, except as to the city acting for and on behalf of its citizens to provide water for public benefit, except as to any person who perfects a right to construct a well to a depth below two hundred fifty feet and has complied with the provisions of Section 13.12.050, and except as to any person who obtains a variance under the provisions of Section 13.12.040 and also has fulfilled all of the requirements of Section 13.12.020. The rehabilitation of any well in existence on the effective date of the ordinance codified in this chapter shall not be considered the drilling of a new well under this chapter. (Ord. O-80-68 § 1, 1980).

13.12.020 Permit-Application
Any person who desires to drill a well within the limits of the city shall submit an application for a permit to construct a well to the City Manager or his authorized agent giving the following information: location and depth of well, proof of written notice to each entity which provides domestic water and/or sanitary sewer services to the area in which said well is to be located, proof of written notice to the Jefferson County Board of Health, and an approved well permit issued by the State Engineer. (Ord. O-94-39 § 15, 1994; Ord O-80-68 § 2, 1980).

13.12.030 Permit-Application fee
Any person submitting such application for permit shall pay a fee of fifty dollars, and such application shall be approved and a permit issued, only if the City Manager or his authorized agent shall determine that the depth of the well is less than two hundred fifty feet or is excepted under the provisions of Sections 13.12.010 and 13.12.050, and provided the requirements set forth in Section 13.12.020 have been met. (Ord. O-94-39 § 16, 1994; Ord. O-80-68 § 3, 1980).

13.12.040 Variance
Any person who desires to drill a well to a depth greater than two hundred fifty feet may apply to the City Manager or his authorized agent for a variance from the provisions of Section 13.12.010 to construct such a well. If the applicant proves beyond a reasonable doubt that his proposed well will not intercept the sands of the Arapahoe, Laramie-Fox Hill, or other non-tributary aquifers, such a variance shall be granted. (Ord. O-94-39 § 17, 1994; Ord. O-80-68 § 4, 1980).

13.12.050 Land owner consent withholding
Any overlying land owner who wishes to withhold his consent to the city for its appropriation of ground water (which is the subject of Case No. 79-CW-368 in the District Court in and for Water Division No. 1, State of Colorado) below a depth of two hundred fifty feet beneath his land shall record a Notice of Non-Consent with the Clerk and Recorder of the County of Jefferson and State of Colorado, with a copy thereof to the City Clerk of the City of Lakewood, Colorado (at 480 South Allison Parkway, Lakewood, Colorado 80226-3127) within sixty days of the date of final publication of the ordinance codified in this chapter, which notice shall include the legal description of the affected overlying land. (Ord. O-80-68 § 5, 1980).

13.12.060 Lease authorized
In any event, any Lakewood citizen may file an application with the City Council to lease water which has been previously appropriated by the city. Upon a showing that such citizen is unable to reasonably obtain water from any alternative source or other hardship, the City Council may, in its sole discretion, agree to lease to such citizen a portion of its rights to use such water. (Ord. O-80-68 § 6, 1980).

13.12.070 Penalty for violation
Any person, firm, corporation or association who fails to comply with any of the terms of this chapter shall, upon conviction, be subject to the penalties set forth in Section 1.16.020. Each day in which such person, firm, corporation or association shall fail to comply with the terms of this chapter shall be considered a separate violation. (Ord. O-2017-16 § 11, 2017; Ord. O-96-44 § 14, 1996; Ord. O-84-87 § 8, 1984; Ord. O-80-68 § 8, 1980).

Chapter 13.14 - Stormwater Quality
13.14.010 Findings of fact and purpose
The City Council of the City of Lakewood finds and determines that there is a public need to control the water quality of surface drainage flowing through the municipal storm sewer and into gulches, streams and waters of the city, of the state and of the United States, and this is a matter that affects the public health, safety and welfare. There is, therefore, the necessity of providing for a comprehensive system of regulation and enforcement for the control of the water quality of surface drainage through the enactment of the ordinance codified in this chapter. (Ord. O-92-55 § 1 (part), 1992).

13.14.020 Exceptions
This chapter does not apply to these discharges: water line flushing, fire hydrant flushing, dechlorinated swimming pool discharge, landscape irrigation, diverted stream flows, groundwater uncontaminated by polluting materials, discharges from potable sources, springs, roof drains, lawn watering, non-commercial car washing, flows from riparian habitats and wetlands. (Ord. O-92-55 § 1 (part), 1992).

13.14.030 Definitions
As used in this chapter, "municipal storm sewer" means the conveyance or system of conveyances for storm water within the City of Lakewood including roads with drainage systems, municipal streets, catchbasins, stormwater detention or retention ponds, curbs, gutters, ditches, gulches, manmade channels, or storm drains.
"Polluting materials" includes, but is not limited to, trash, raw materials, petroleum products, materials such as solvents, detergents, paints, plastic pellets, swimming pool discharge, finished materials such as metallic products, raw materials used in food processing or production, human or animal excrement, garbage, wastewater, hazardous substances designated under Section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (CERCLA), fertilizers, pesticides, and waste products such as ashes, slag and sludge.
"Stormwater" means stormwater runoff, snow melt runoff, and surface runoff and drainage. (Ord. O-92-55 § 1 (part), 1992).

13.14.040 Polluted water prohibited
A. It is unlawful for any person to discharge or cause to be discharged any polluting materials into any municipal storm sewer within the city.
B. It is unlawful for any person to place, deposit, discharge or permit to be placed, deposited or discharged polluting material in such a manner that it enters the municipal storm sewer. (Ord. O-92-55 § 1 (part), 1992).

13.14.050 Inspection and sampling
It is lawful for a city employee or consultant to enter upon private property to perform inspection and sampling necessary to determine if the provisions of this chapter are being complied with if:
A. The city has obtained a search warrant; or
B. The city has obtained the consent of the person in possession of the property. (Ord. O-92-55 § 1 (part), 1992).

13.14.060 Erosion control
A. During the development of any property within the city, those persons responsible or in control of said development must use the best management practices for the control of the water quality of surface drainage originating from the subject property as set forth in the rules and regulations relating to erosion control within the City of Lakewood.
B. Prior to any site grading or excavation, a developer shall submit a plan for the control of the water quality of surface drainage as required by City of Lakewood Engineering and Design Criteria. (Ord. O-92-55 § 1 (part), 1992).

13.14.070 Rules and regulations
The Director of Planning, Permits and Public Works shall have the authority to make and promulgate from time to time such rules and regulations as the Director finds necessary for the administration and enforcement of this chapter in addition to and in conjunction with, the provisions of this chapter and not inconsistent therewith. (Ord. O-92-55 § 1 (part), 1992).

13.14.080 Elimination of polluting materials
The Director of Public Works, or his designee, may take action to halt the flow of surface water if, in the opinion of the Director, or his designee, it is necessary to stop an actual or threatened reduction of the water quality of surface drainage which presents or may present an imminent or substantial danger to the health or welfare of persons or the environment. Any person notified of such suspension shall immediately stop or eliminate the offending contributions. In the event of a failure of the person to comply voluntarily with the suspension order, the Director or his designee shall take steps as deemed necessary, including immediate impoundment of surface drainage to prevent or minimize damage to individuals or the environment. The Director may also initiate appropriate legal actions in the name of the city in the event of such circumstances. A detailed written statement submitted by the responsible person describing the causes of the noncompliance and the measures taken to prevent any future occurrence shall be submitted to the Director within five days of the occurrence. (Ord. O-94-39 § 18, 1994; Ord. O-92-55 § 1 (part), 1992).

13.14.090 Enforcement-Violations-Penalties
A. The violation of the provisions of this chapter or of the rules and regulations of the Director issued pursuant to this chapter by any person shall be unlawful.
B. Whenever a discharge of polluting material is in violation of the provisions of this chapter or otherwise causes or threatens to cause a condition of contamination, pollution or nuisance, the city may, in addition to any other remedies available to it:
1. Take action as set forth in Section 13.14.080;
2. Issue a cease and desist order;
3. Issue a summons and complaint to be heard in Lakewood municipal court;
4. Petition the district court for the issuance of a preliminary or permanent injunction or both, as may be appropriate in restraining the continuance of such discharge and may seek compensation for any damage caused by said pollution, including any fines levied against Lakewood as a result of said pollution;
5. Treat the action as a nuisance. Any prohibited contribution to the stormsewer system is declared to be a nuisance and may be abated, if the city so chooses, under the provisions of the Lakewood Municipal Code relating to the abatement of nuisances.
C. The Environmental Manager shall have the nonexclusive power and authority to enforce the provisions of this chapter. The Environmental Manager shall be considered a peace officer within the meaning of Section 1.04.010 of this code for purposes of enforcing the provisions of this chapter. (Ord. O-2002-10 § 4, 2002; Ord. O-93-52 § 4, 1993; Ord. O-92-55 § 1 (part), 1992).

13.14.100 Stormwater discharge permit
The term "significant" as it relates to the City's Stormwater Discharge Permit requirements for development and redevelopment is defined as:
A. Sites that disturb an area of one (1) acre or more.
B. Sites that disturb less than one (1) acre of total land area that are part of a larger common plan of development or sale, if the larger common plan will ultimately disturb one (1) acre or more. (Ord. O-2006-6 § 1, 2006).

13.14.110 Continuing violation
Each day of a continuing violation shall be deemed a separate violation. (Ord. O-92-55 § 1 (part), 1992)

13.14.120 Severability
Should any section, subsection, paragraph, sentence, clause or phrase of this chapter or application thereof to any person or circumstance, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter, or its application to any other person or circumstance, and, to this end, the provisions of this chapter are declared to be severable. (Ord. O-92-55 § 1 (part), 1992).