Chapter 2.70 WATER DEPARTMENT

There is hereby created and established a water enterprise of the town of Granby for the purpose of the management, maintenance, care, and operation of the waterworks of the town, including sanitary sewer works and systems to the extent they are operated by the town. The terms “waterworks” or “water system” or “water utility” as used in this chapter shall also include such sanitary sewer systems operated by the town except where specifically indicated otherwise. [Ord. 855 § 1, 2016; amended during 2011 recodification; Ord. 354, 1983. Code 1999 § 2-12-1].

2.70.020 Superintendent – Powers.

The town board shall appoint a qualified person, who may be a town trustee, as superintendent of the waterworks. He shall have the immediate control and management of all things pertaining to the town waterworks system; and he shall perform, or cause another to perform, all acts that may be necessary for the prudent, efficient and economical management and protection of said waterworks, subject to the approval of the board of trustees. The board of trustees shall have the power, by resolution, to prescribe such other and further rules and regulations governing the powers and duties of the superintendent, and such other rates, rules and regulations as are not herein contained. [Ord. 354, 1983. Code 1999 § 2-12-2].

2.70.030 Definitions.

Whenever in this section the words hereinafter defined or construed in this section are used, they shall, unless the context requires other uses, be deemed to have the following meanings:

“Owner” means any person owning water-using property.

“Person” shall include any individuals, partnerships, associations, organizations or corporations. [Ord. 401, 1987. Code 1999 § 2-12-3].

2.70.040 Other water systems.

No persons shall operate, own, manage, control or possess a commercial water system obtaining its water supply from any source for the purpose of or with the effect of distributing water therefrom to any water-using property or water-using unit within Granby without first obtaining a permit therefor from the town of Granby in the manner provided by, through, and under the laws of the state of Colorado. No persons shall operate, own, manage, drill, dig, control, or possess a water well without first obtaining a water well permit from the town of Granby and the state of Colorado. [Code 1999 § 2‑12-4].

2.70.050 Application for water.

Application for the use of water shall be made to the town clerk on a form provided by the town. The application must be made by the owner or agent of the property to be benefitted, designating the location of the property and stating the purpose for which the water is applied. Owners shall be billed and shall be responsible for all water usage fees and facility charges. In the furnishing of water for any purpose other than domestic purposes, the town shall not be responsible for the quality or quantity of the water furnished. A permit will be required from the town board for each new service or enlargement or change in use or character of an existing service. The town shall consider permits on a first-come, first-served basis. Issuance of a permit shall be contingent upon the town’s ability to provide the proposed service. Water permits will be valid for six months from date of issuance. If not in service within six months, or with major construction commenced and being diligently pursued toward completion, the permit will be automatically void, unless otherwise extended prior to that time by the town. If the permit becomes void, one-half of the tap fees will be refunded by the board as soon as reasonably possible. The other one-half of the tap fees shall be forfeited as liquidated damages to the town to pay for damages incurred by the residents of the town for said taps not being available to others. [Ord. 389, 1986. Code 1999 § 2-12-5].

2.70.060 Conditions for new tap.

A tap and service connection will be considered and deemed a new tap except where all of the following conditions exist:

(a) A service connection from the water system to the water-using property and/or water-using units is in existence which is adequate by acceptable standards, serviceable, and in good repair;

(b) The supplying of water from the water system to the water-using property and/or water-using units from said tap and service connection has not been abandoned or discontinued by action or request of the owner or previous owner of said water-using property and/or water-using units; and

(c) No delinquency exists in any charges for water service provided for in this chapter concerning the water-using property and/or water-using units. [Ord. 354, 1983. Code 1999 § 2-12-6].

2.70.070 Meters.

(a) Meters Required. All new connections to the town water utility shall be metered. As hereinafter provided, all water furnished to existing structures shall also be metered as soon as installation of water meters can be completed. Water meters installed in new construction will be provided by the town to the water user upon payment of a one-time water meter fee by the water user to the town. Water meters shall be installed by a residential, journeyman, or master plumber licensed by the state of Colorado at the water user’s sole expense.

(b) Meter Testing. Each water meter shall be tested either by the town of Granby or the manufacturer and shall be found to be correct and properly adjusted before being installed. If the test is made by the manufacturer, a report of such test results shall be furnished to the town prior to the installation of the meter. After installation, the town or its representative shall inspect the water meter to confirm proper installation and operation.

(c) Maintenance of Meters. All water meters shall be maintained by the town water utility and shall be tested and repaired as necessary. The cost of repairs resulting from neglect or abuse by the water user shall be paid by the user and added to and considered a part of the charge for water service.

(d) Interference with or Bypass. It shall be unlawful for any person to tamper or interfere with any meter or meter seal or to so arrange water service or piping so that the use of water will not be accurately registered by the meter. The town may discontinue the water service immediately to any user who violates the provisions of this section until satisfactory payment has been made for all water used and all repairs have been made to the meter.

(e) Meters – Installation – Existing Service.

(1) The town or its authorized representative is hereby authorized to take all necessary action to compel the installation of water meters by all users of water on the premises of all users of water provided by the town.

(2) The installation of the water meters required by this chapter shall be in accordance with the recommendations of the town’s board of trustees and shall be subject to further ordinance or resolution as may be necessary or advisable.

(3) Each and every consumer of water from the town of Granby shall be required to have installed a water meter of a type, size and configuration designated by the board of trustees of the town. All meters shall be installed by the owner. The town shall own and maintain all water meters installed pursuant to this section. Such meters shall be used to measure the quantity of water used by each water consumer.

The charges made by the town for the water so used shall be based on all necessary cost factors in supplying such water. The cost of all water use shall be set by separate resolution by the board.

(4) Each water consumer shall be given at least three days’ notice of the intention of the town to require a water meter on that consumer’s property. Such meter shall be located at a point on the consumer’s property as designated by the board of trustees or its duly authorized representative. If the consumer shall then refuse or otherwise not allow the meter installer to install the water meter on the consumer’s property, the town may then, without further notice, terminate water service to the consumer.

Water service may be resumed by the town when the consumer causes a water meter to be installed on the consumer’s property by a residential, journeyman, or master plumber licensed by the state of Colorado, the town or its representative have inspected and approved the meter and its installation, and the consumer has paid the turn-off and turn-on fees as hereafter provided in this chapter. Neither the town nor its employees shall be liable for any damages of any kind or nature to the consumer or his property as a result of the termination of water service when the consumer has refused to install a water meter on his or her property or otherwise violated the terms of this chapter so as to result in the termination of water services. An authorized town representative may enter upon the premises of water users at reasonable hours to read, maintain and inspect water meters. [Ord. 953 § 1 (Exh. A), 2021; amended during 2011 recodification; Ord. 354, 1983. Code 1999 § 2-12-7].

2.70.080 Claims.

No claims shall be made against the town by reason of the breaking of any pipe or water service facility or equipment, or for any other interruption of the supply of water for any reason whatsoever, including, but not limited to, the breaking of any machinery, meters, reservoirs, ditches, flumes, dams, or the repair of any of the town’s water facilities. [Ord. 354, 1983. Code 1999 § 2-12-8].

2.70.090 Meter failure.

Whenever a meter fails to operate correctly, for whatever reason, a charge to the water consumer shall be made based on the mean average quantity of water used over the previous year. [Ord. 354, 1983. Code 1999 § 2-12-9].

2.70.100 Contract.

The provisions of this chapter, so far as applicable, shall be considered as part of the contract between the town and each property owner or lessee who is furnished with town water, and each property owner or lessee, by using town water and allowing town water to be used, shall be presumed to express his consent to be bound by all of the provisions hereof, and such others as the town may hereafter adopt. [Code 1999 § 2-12-10].

2.70.110 Notice.

Notice, as the term is used herein, shall be deemed to have been given if delivered personally to the party in question or mailed, postage prepaid, to the last known address of the party in question. [Code 1999 § 2-12-11].

2.70.120 Service connections.

(a) Installation by Owner. Installation of all service lines and other facilities extending from and including the service saddle and/or corporation stop on the main or trunk line of the water system to the water-using unit or units, including, without limitations, all excavation and backfilling, and the continued maintenance thereof, shall be done, made and performed at the owner’s sole expense. The town shall make all taps to main lines and approve any corporation stop, curb stop and valve box unless otherwise provided for in a development agreement approved by the board of trustees. Cross-connection controls shall be provided in accordance with Chapter 13.15 GMC.

(b) Excavation Bond. No excavation shall be made in, on, or about any street, highway, or public way unless and until owner shall have first made and deposited a bond or letter of credit as provided in GMC Title 12 in the amount of $3,000. No connections shall be made to the town water utility between October 15th of one year and May 1st of the following year except in the case of an emergency.

(c) Extension of Service Line Prohibited. Each property shall be served by its own service line, and no connection with the water utility shall be made by extending the service line from one property to another property. In cases where service lines have been so extended from one property to a different property, the continued use of such extension shall be permitted only until water mains are laid in the street in front of such property, at which time connection shall be made to the water main at the expense of the owner of the property served by such extension and such extended service line shall be discontinued, unless previously approved by the board of trustees.

(d) Owner to Maintain Service Lines. The owner of any property connecting to the water utility shall be responsible for the maintenance of the water and sewer service lines from the main to the structure being served and shall keep such lines in good condition at owner’s expense.

As used in this chapter, the term “service line” shall be defined as follows:

When used in connection with a water line serving property located within the town, “service line” shall refer to the line from the main including the service saddle and/or corporation stop to the structure being served.

When used in connection with a sewer line serving property, “service line” shall refer to the line from the structure being served to the sewer main.

If the property owner fails to remedy damage to or other defects in a service line and the operator of the water system determines that such damage, defect, or lack of repair has caused or may cause damage, excessive wear and tear or otherwise adversely impact the water system, including but not limited to through infiltration of groundwater or other substances, then in that circumstance, operator and the town shall have one or more of the following remedies in addition to those set forth elsewhere in this chapter:

(1) Provide the property owner with a written letter demanding that the owner correct the damage or defect within the period of time designated in the letter;

(2) Terminate water service to the property, following a minimum of 10 days’ written notice to the property owner;

(3) Impose a utility assessment in the amount of $100.00 per day until the damage or defect is remedied, following a minimum of 10 days’ written notice to the property owner that such assessment will be imposed, and including notice of their right to a hearing, if requested, before the board of trustees. Such assessment may be enforced and collected in the same manner as fees, rates, tolls or penalties provided elsewhere in this chapter including but not limited to GMC 2.70.250.

(4) Following 10 days’ written notice to the property owner, including notice of their right to a hearing, if requested, before the board of trustees at its next regular meeting, the town may take those additional steps it deems necessary to remedy the matter, including but not limited to entry onto the private property served by the service line. All expenses incurred by the town in making such repairs or corrections shall be the sole responsibility of the property owner and may be collected in the same manner as fees, rates, tolls or penalties provided elsewhere in this chapter including but not limited to GMC 2.70.250.

Nothing in this section shall obligate the town to install or replace any portion of a service line, including but not limited to any such service line located in the public right-of-way.

The owner shall, at their expense, at all times keep all pipes, fixtures, and appliances on owner’s property tight and in good working order so as to prevent waste of water and/or freezing of the plumbing. Upon any waste resulting in a breakage in such pipe, or any imperfection in such pipe, the owner shall stop such leak and repair the same. In the event such leakage is not immediately stopped by the owner of the premises, the town, without notice, may discontinue water service to the premises until such time as the leak is repaired.

It shall be the responsibility of the property owner to maintain an operational curb stop for water service lines and a clean-out for sewer service lines that are readily accessible by the town at all times.

Nothing in this section shall be deemed to limit the ability of the town to respond to an emergency situation and take those actions it deems necessary under the circumstances without prior notice to a property owner. In the event of such an emergency, the town shall give notice to all affected property owners as soon as reasonably possible.

(e) Inspection. All pipes, meters, and fixtures shall, at all reasonable hours, be subject to inspection by town or its duly authorized agents. The town shall in no event be responsible for maintaining any service line owned by the consumer, nor for damages done by water escaping therefrom, nor for defects in lines or fixtures on the property of consumer. The consumer shall at all times comply with all regulations of the town and the Colorado Department of Public Health and Environment relating to the service lines, and shall make all changes in the lines required on account of changes in grade or otherwise.

The town shall be responsible for the maintenance of all its water lines designated as mains upon their dedication and acceptance. Property owners shall be responsible for the maintenance of the entire service line serving them, from the service saddle and/or corporation stop on the main, even though a portion of the lateral may be in dedicated property outside the limits of the property being served. A water line laid in an easement across property other than that being served and which is classified by the town as a service line shall be in an easement negotiated and acquired by the user or users of said line, and if so classified it shall be owned and maintained by said user or users on any sharing basis they may choose to elect. However, a water main capable of serving multiple properties which is classified by the town as a main shall be owned and maintained by the town. Decisions as to the classification of a water line (main or service line) shall be in the sole and absolute discretion of the town.

(f) Separate Connections Required.

(1) No tap and service connection shall be connected to or serve more than one water-using unit, except where such water-using unit is contiguous with another water-using unit or water-using units, and is reasonably operated with such other water-using units as an integrated operation and where such water-using unit or units must, of necessity, have a common owner.

(2) Any water-using unit, or units, operated as an integrated unit which subsequently passes into the ownership of different owners may be required to have a separate tap, meter and service connection, as determined by the board.

(3) No water pipes shall be permitted to connect between one water-using unit and another water-using unit except pursuant to and in accordance with this section.

(4) For areas outside rights-of-way, no water pipes or water installations of any type whatsoever shall be laid, conducted, or permitted to cross property not owned by the owner on whose property the tap and service connections from the water system originate without an easement, nor shall any such pipes or water installations be conducted, laid, or permitted to cross other property owned by the owner on whose property the tap and water connection from the town originates, unless such property is contiguous and adjacent thereto.

(g) Service Connections Outside Town. No water taps shall be made outside the corporate limits of the town of Granby, nor shall any water be furnished from the water system to any person or property outside said corporate limits, except with the consent of the board of trustees.

(h) Size of Service Connection. All taps and connections to the water system shall be a minimum of three-quarters of an inch in size and must be adequately sized to serve the proposed use. [Ord. 953 § 1 (Exh. A), 2021; Ord. 855 § 1, 2016; amended during 2011 recodification; Ord. 427, 1990. Code 1999 § 2-12-12].

2.70.130 Supplying water to others.

No person or owner obtaining water from the town water system for any water-using property and/or water-using unit shall supply water to any other water-using property and/or water-using unit without approval by the town.

It shall be unlawful for any person receiving water service hereunder to permit any other person, firm or corporation to take or use water from his or her said water service for use on property not approved by the board of trustees. [Amended during 2011 recodification. Code 1999 § 2‑12-13].

2.70.140 Main or trunk line extensions.

(a) Water Line Extensions. Water line extensions will be at the expense of the applicant. A part of the cost may be refunded as additional customers connect to the extended line. At the time of installation a refundable amount, if any, will be agreed upon between the applicant and the town. The town will act as an impartial intermediary but will not guarantee the reimbursement. Water line extensions will be approved by the town. Plans and specifications for water line extensions will be reviewed in advance by the town. For any applications other than a single-family residence, the expense will be the applicant’s. The town may adopt a separate resolution for line extension policies.

(b) Definition of Water Main and Water Service Line. A water main is a large diameter water pipe, four inches or larger, integral to the system and serving more than one user. A water service line is a water pipe that is not a main and serves only one individual or user. Exceptions will only be made with the board of trustees’ approval.

The user could have more than one building or meter but the service would be under one name.

(c) Extension Fee Required. In addition to any and all other fees and costs, the person requesting such water and water service shall pay to the town, at the office of the town treasurer, the sum of three percent of the total construction costs of said main or trunk line extensions or $100.00, whichever is more, to defray the costs of design review and construction inspection by the town.

(d) Water Line and Appurtenances to Become Town Property. Customers, applicants, landowners, subdividers, or developers who have completed construction of water lines and appurtenances shall, before these water lines and appurtenances are accepted by the board of trustees for service, deed or convey these water lines and appurtenances, except for service lines and including all necessary easements, to the town of Granby, free and clear of all liens and encumbrances, properly described by certified survey; also, such individuals shall provide proof that all material men and suppliers have been paid. Said lines shall be guaranteed and warranted by the contractor and entity paying for the work for two years after acceptance. During said two years, contractor and entity causing lines to be laid shall pay all costs of maintenance, repair and replacement and shall indemnify and hold the town harmless from any and all liability.

In the event a special district is formed by the applicant for the purpose of financing water lines and appurtenances, the applicant shall agree that such transfer by deed or conveyance shall take place when the subject line and appurtenances are free of all liens and encumbrances incurred by said special district.

During any period of time prior to the deeding of the water distribution lines and other appurtenances to the town by the applicant, it shall be agreed that the town shall have the control of these lines as though they were deeded to the town, except that the applicant will be responsible for maintenance of the lines until they are deeded to the town. This means that the town will have the exclusive authority to determine what additional uses will be made of this line, including but not limited to such items as who will be allowed to tap on, the conditions under which the taps will be made, the rates to be charged, and the conditions of service.

(e) Construction of Mains and Trunk Lines. All plans and specifications relating to water lines, storage facilities, pumping facilities or other appurtenances to be connected to the town water utility shall conform to the utility design standards established by the board of trustees of the town of Granby. Such plans and specifications shall be submitted to the town’s engineer for review prior to construction. The cost of such review by the town’s engineer shall be borne by the applicant as provided elsewhere in this chapter. Irrespective of the source of money paid for constructing them, ownership of all water lines designated as mains shall be vested in and remain with the town. [Amended during 2011 recodification. Code 1999 § 2-12-14].

2.70.150 Construction connections.

(a) All water service lines and mains will be installed to the town’s specifications.

(b) The town shall engage the services of an individual to ensure that all mains and service lines are installed in accordance with the town’s rules and regulations and specifications. The cost of such inspection shall be paid by the applicant.

(c) Plans and specifications for extension of all water mains that attach to the main shall be submitted to the town in four copies. All specifications and drawings shall be subject to the approval of the town and work shall not commence until approvals are granted.

(d) Approval of all plans will expire after one year and must be resubmitted if construction of the line is not commenced in that period of time.

(e) All water mains and facilities shall be installed in the existing public rights-of-way within the town whenever possible. The costs of acquiring rights-of-way or easements for mains and service lines shall be paid by the applicant, including any of the costs which may be incurred by the town. All mains, when installed and attached to the town’s mains and facilities by any person other than the town, shall become the property of the town upon completion of construction, testing and final acceptance in writing by the town; provided, however, that such mains and facilities shall not be finally accepted for maintenance by the town until the person installing the same shall convey and transfer title to such mains and facilities to the town by a conveyance in such form as shall meet the approval of the town’s attorney. Also, owner shall furnish four copies of as-built drawings with measurements of valve box locations.

(f) Water service lines shall not be conveyed to the town for ownership or maintenance but shall belong to the owner of the property which they serve.

(g) All construction within the town shall be inspected by an engineer licensed to do business in the state of Colorado. Final acceptance by the town and final payment of retainage to the contractor shall be done only after the engineer has tested and approved the construction and so certified to the town.

(h) All construction shall be guaranteed for two years by the contractor, owner and developer, jointly and severally.

(i) All new construction done for the town shall be bonded by the contractor in a dollar amount equal to the dollar amount of the construction contract. [Code 1999 § 2-12-15].

2.70.160 Waste of water prohibited.

Consumers shall prevent unnecessary waste of water and shall keep all water outlets closed when not in actual use. Unnecessary waste of water shall be grounds for disconnection. [Code 1999 § 2‑12‑16].

2.70.170 Cross-connections prohibited.

See Chapter 13.15 GMC. [Code 1999 § 2‑12‑17].

2.70.180 Change of use of water prohibited.

It shall be prohibited for any person or persons to alter, change, enlarge, or extend in any manner whatsoever the type of use for which water was originally taken and used from the town water utility without the express written consent of the board of trustees. Anyone so seeking a change shall apply for a permit from the town. [Code 1999 § 2‑12-18].

2.70.190 Watering restrictions.

In its discretion, by resolution, the board of trustees may impose such limitations or restrictions on watering and the use of water, including raw water, within the town’s limits as it deems necessary and appropriate. Such limitations or restrictions may include but shall not be limited to limiting the dates and times of watering, dividing the town into sections for purposes of watering, or requiring certain types or categories of water users to reduce or limit their water use.

Whenever the town manager or the superintendent of the water department determine that limitations or restrictions are necessary or appropriate, they are authorized by the board of trustees to impose such limitations or restrictions. Restrictions or limitations imposed by the town manager or superintendent of the water department shall be and remain in effect until the next regular or special meeting of the board of trustees at which time the board shall ratify, modify or eliminate such restrictions or limitations. [Ord. 547 § 3, 2002. Code 1999 § 2-12-20].

2.70.200 Responsibility of owners and occupants.

(a) All owners, lessees, occupants and tenants of water-using property shall be jointly and severally liable for all charges incurred under this chapter.

(b) Whenever this chapter references the board of trustees, it implicitly shall be interpreted to include the town board’s designated agents and employees.

(d) The town shall have the exclusive right to waive the terms and provisions of this chapter when it decides that it is in the best interest of the town to do so. No informality in the administration of this chapter shall relieve owners, tenants and occupants of their obligations or liabilities under this chapter. [Ord. 437 § 8, 1992. Code 1999 § 2-12-21].

2.70.210 Plant investment fees and service fees.

An applicant for water service in town shall agree to pay a water plant investment fee. Plant investment fees may be amended from time to time by resolution or ordinance of the town. Such fee shall be paid in full prior to issuance of building permit. New plant investment fees may be charged upon change or enlargement of use by any user. Plant investment fees shall be due and payable at or before the issuance of a building permit.

Water usage and facility charges may be amended by resolution or ordinance of the town from time to time. The town shall also have the right to charge interest at the rate of one percent per month on accounts whose water has been disconnected for more than 60 days, together with all costs of collection including reasonable attorney’s fees.

(a) Plant Investment Fees. Plant investment fees are based on the diameter of the service line connected to the meter of the water-using unit.

Plant investment fees for service lines greater than two inches in diameter shall be negotiated with the town on a case-by-case basis.

Plant investment fees for raw water and raw water service lines: see current rate structure.

Plant investment fees for water and water service provided outside the Granby town limits shall be one and one-half times the rates charged for water and water service provided within the Granby town limits, based on the diameter of the service line connected to the meter of the water-using unit. All service lines must be a minimum of three-quarters inch in diameter and all lines must be connected to a water meter. Plant investment fees for service lines greater than two inches in diameter shall be negotiated with the town on a case-by-case basis. Plant investment fees for raw water and raw water service provided outside the Granby town limits shall be one and one-half times the rates charged for raw water and raw water service provided within the Granby town limits.

(b) Water Usage Fees and Facility Charges. Water users shall be charged quarterly at the rate of $3.50 per 1,000 gallons. Users of raw water shall be charged quarterly at the rate of one-half of whatever the potable water rate is per 1,000 gallons except that the East Grand School District and town of Granby parks shall pay $1.19 per 1,000 gallons for a period of one year from adoption of the ordinance codified in this chapter. In addition, a facility charge of $5.00 per meter per month shall be assessed on a quarterly basis.

Water users outside the Granby town limits shall be charged quarterly at the rate equal to two times the rate charged to water users within the town limits. Raw water users outside the Granby town limits shall be charged quarterly at the rate equal to two times the rate charged to raw water users within the town limits. In addition, a facility charge of $5.00 per meter per month shall be assessed on a quarterly basis. [Amended during 2011 recodification; Ord. 547 § 1, 2002. Code 1999 § 2‑12‑22].

2.70.220 Transfer or sale of plant investment fees.

Following are guidelines for the transfer or sale of plant investment fees purchased from the town by initial and future users in the town:

(a) Plant investment fees, when paid, give the owner of the property the ability to utilize the town’s water system for the purpose and under the conditions for which the fees were paid and under the rules and regulations of the town then existing and as modified from time to time.

(b) Plant investment fees may be transferred from an existing building to another use on the same property, provided the existing building is destroyed and service discontinued. There will be no additional charge if the new use involves the same size service line as the discontinued use. However, if the size of the new service line is larger than the size of the discontinued service line, the user shall be charged the difference between the plant investment fees associated with such lines at the then-existing rates.

(c) Sale or transfer of plant investment fees from one person or entity to another is prohibited except (1) in connection with the sale of the property for which the plant investment fee was paid the plant investment fee may be transferred to the buyer of the property, and (2) a plant investment fee may be transferred from one property owned by a local governmental entity to another property owned by the same local governmental entity, upon a finding by the board of trustees that such transfer is in the public interest.

(d) If property is sold and a plant investment fee is purchased for the property, the plant investment fees will remain in effect for the new owner. Notification to the town of the sale of property is the responsibility of the purchaser and seller.

(e) The minimum service charge assessed by the town per month must be paid and accounts must remain current or GMC 2.70.250 shall apply. [Ord. 593 § 1, 2003. Code 1999 § 2-12-23].

2.70.230 Discontinuance of service.

Service under any application may be discontinued for any of the following reasons:

(a) For misrepresentation in application as to property or fixtures to be supplied, or the use to be made of the water.

(b) For the use of water on any property or for a purpose other than that described in the application.

(d) For neglecting to make or renew advance payments, or for nonpayment of any account for service or of any scheduled fee or charge.

(e) Bills for water use shall be sent by the town periodically. All bills are due and payable upon receipt and shall become delinquent by the first day of the following month. If not paid within 45 days from billing, a late charge of $50.00 or 10 percent of the amount of the bill, whichever is greater, shall be charged.

(f) Where two or more families, places of business, or offices are on a single service line, and the owner of the building or his or her duly authorized agent fails or refuses to sign an application for service, or fails to pay the bills for water when due, or fails to abide by all the rules and regulations of the town, service may be discontinued; but no such action involving the shutting off of the water supply of an innocent consumer shall be taken without first affording the consumer of the premises opportunity to make a new application for supply of water through a separate service line or meter. [Amended during 2011 recodification; Ord. 480, 1998. Code 1999 § 2-12-24].

2.70.240 Procedure for discontinuance and renewal of service.

(a) If any amount of any water bill shall remain delinquent on the forty-fifth day following billing, then notice shall be sent that if payment of the arrearages is not made by the sixtieth day from the date of billing, service will be discontinued within 10 days thereafter. Additionally, the notice shall provide:

(1) The right of the party to prevent termination by payment of the full amount due.

(2) The right of the party to a hearing to dispute the bill within 10 days prior to termination.

(3) The time, place and person before whom such hearing may be obtained.

(b) In the event the town’s representative finds that the customer has failed to pay charges legally due to the town, the customer may appeal to the board of trustees provided a deposit of 50 percent of the billed amount is paid to the town treasurer within 10 days after notice of decision by the town’s representative. The appeal will be set for the next regular board meeting. The bond may be waived by the town’s representative for good cause shown upon the request of the applicant.

(c) In the event the bill is not paid and the party does not appear for a hearing, service shall be discontinued on the date specified in the notice.

(d) Nothing in this chapter shall preclude the town’s representative from making payment arrangements with the customer upon showing of good cause.

(e) All payments on delinquent accounts shall be paid in cash, money order, or certified funds.

(f) If no payment is received by the date of disconnection, the town will close the curb stop and set a seal on the valve and remove the water meter. A lien may be filed on the property, or the account may be certified to the county treasurer for collection or the town may pursue any other remedies available to it.

(g) During the next 12 months, if service at the disconnected address is requested, the owner or occupant will be advised of and shall pay the following:

(1) Monthly service charges that are delinquent plus late fee;

(2) Disconnection fee: $100.00;

(3) Reconnection fee: $100.00.

(h) At the one-year anniversary date for the service being disconnected, the town classifies the address as dormant. If service is requested after the address has been described as dormant, the water line service must be inspected by the town for serviceability and conformance with applicable standards and codes. In addition, the town reserves the right to withhold service to the address due to system capacity constraints that may exist at that time. The owner or occupant will also be advised of the following and shall pay the following:

(1) Monthly service charges that are delinquent plus a late fee in the amount of $50.00 or 10 percent of the bill, whichever is greater, plus interest at the rate of one and one-half percent per month on accounts whose water has been disconnected for more than 60 days. Such interest shall accrue from the forty-fifth day after the date of billing through the date payment in full is made.

(i) The service charge total will also include the monthly facility charge from the time of disconnection to the time of reinstatement.

(2) Disconnection fee.

(3) Current service reinstatement fee.

The service reinstatement fee covers the town’s expenses of inspecting the dormant utility service lines and assists in mitigating additional costs incurred by the town to replace the lost monthly revenue which would have been utilized to meet operational and maintenance expenses. This amount shall constitute liquidated damages.

(i) At the second year anniversary date of the service being disconnected, the town will void the water permit and owner loses any interest or rights in plant investment fees. If service is requested for the future, the property owner shall pay the plant investment fee in effect at the time of such request.

(j) Changes in ownership or occupancy of the affected premises shall not affect the application of this section. [Amended during 2011 recodification; Ord. 480, 1998; Ord. 414, 1989. Code 1999 § 2-12-25].

2.70.250 Unpaid water bills – A lien.

Until paid, all fees, rates, tolls, penalties, interest on delinquencies, reasonable attorney’s fees, and other costs of collection shall constitute a perpetual lien on and against the property served, and any such lien may be foreclosed in the same manner as provided by the laws of the state for the foreclosure of mechanic’s liens or may be collected in any other manner legally permissible, including certification to the Grand County treasurer for collection. [Code 1999 § 2-12-26].

2.70.260 Polluting watershed.

It shall be unlawful for any person or entity to pollute or contaminate any of the waters in or of the waterworks system at any place in or along the same or at any point above or upstream of any point from which such water is taken. Polluting shall include, but not be limited to, fouling or rendering impure or unwholesome any of the waters or streams tributary or contributing to the water supply of the waterworks system of the town; casting into or allowing to flow in or fall into any of the waters contributing to said water supply any filth, sewage, carrion, garbage, minerals, clay, rock or earth of any kind, or any excretion, clothing, paper, rags, pesticides, harmful chemicals, or any extraneous substances; nor shall any person wash, swim, wade, or bathe, or bathe any animal, nor cause any animal to enter or swim within 20 feet of the water intake structure of the town of Granby. [Code 1999 § 2-12-27].

2.70.270 Water theft. Revised 4/24

It shall be unlawful for anyone to take water from a fire hydrant, bypass a water meter, or use any part of the town’s water system without authorization and shall constitute theft and be punishable as otherwise provided herein. Water theft shall include the taking of water from the town’s water system at the town’s recreational vehicle dump station for purposes other than use in a recreational vehicle. [Ord. 987 § 1, 2023; Code 1999 § 2-12-28].

2.70.280 Civil actions.

The town of Granby shall have the right to recover all sums due under the terms of this chapter by judgment and execution thereon through civil action in any court of competent jurisdiction. Such remedy shall be cumulative with all other remedies herein for the enforcement of this chapter. The town shall have the right to also receive attorney’s fees and interest at the highest rate possible by law. [Code 1999 § 2-12-29].

2.70.290 Tampering with water system.

No person, except authorized personnel employed or authorized by the town of Granby or its agents or contractors, shall perform any work upon or in any way tamper with or alter the town of Granby water system; including, but not limited to, water mains, water pipes, buildings, reservoirs, controls, treatment facilities, fire plugs, meters, and any and all other equipment and fixtures. Any unauthorized work, alterations or tampering with the town water system shall be a violation of this chapter and the water service to any person violating this provision, upon notice, may be terminated. [Code 1999 § 2-12-30].

2.70.300 Violation.

Failure to comply with the terms of this chapter, except failure to pay the necessary fees, charges and taxes, shall constitute an offense and a violation hereof. Every person so violating this chapter shall be punished, upon conviction, by a fine of not less than $25.00 nor more than $300.00, or by imprisonment for not more than 10 days, or by both such fine and imprisonment, for each offense. Each day or portion thereof of noncompliance, other than for failure to pay, shall constitute a separate and distinct offense. Prosecution for such violations shall not in any manner limit the rights and authority of the town to discontinue water service or disconnect the water user, as provided in GMC 2.70.240 or other provisions of this code. [Ord. 480, 1998. Code 1999 § 2-12-31].

2.70.310 Severability.

If any provisions of this chapter or the application thereof to any person, situation, or circumstance be held invalid, such invalidity shall not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and the provisions of this chapter are declared to be severable, the board of trustees expressly declaring that it would have passed this chapter and every section, subsection, clause, phrase and word thereof irrespective of the fact that one or more of the other sections, subsections, sentences, clauses, phrases, or words thereof may be declared invalid. In the event of said declaration of invalidity, all other provisions of the code of the town of Granby, Colorado, shall be deemed to have continued in full force and effect. [Code 1999 § 2-12-32].

2.70.320 Discontinuance of service.

Any owner or user can apply to the town to discontinue service in whole or in part to his property. Upon approval, water usage fees shall cease, as well as all ownership interest of the owner in the plant investment fees, no portion of which will be refunded. In the event the owner or his successor desires service to the property in the future, he will have to pay the then-existing plant investment fees. [Amended during 2011 recodification; Ord. 437 § 9, 1992. Code 1999 § 2-12-33].

2.70.330 Special water meter reading and billing history charges.

There is hereby created and established a fee of $25.00 for any special meter reading. The fee will be billed to the water account being read. The fee shall include one meter reading and written verification from the town regarding status of the account. Five business days’ notice will be required for a special meter reading.

A fee of $10.00 will be charged for water billing history reports that involve research when the information is not part of the current computer history. Any current status information on a water account will be given verbally without charge. [Ord. 447, 1993. Code 1999 § 2-12-34].

2.70.340 Applicability of chapter to raw water.

Except where express provisions relating to raw water are set forth, all provisions of this chapter shall apply to the town’s raw water system and to raw water users in the same manner as they apply to the town’s treated water system and to users of treated water. [Ord. 547 § 2, 2002. Code 1999 § 2‑12-35].