Chapter 12.01
ADMINISTRATION
Sections:
12.01.020 Regulatory framework.
12.01.030 Word usage and construction of language.
12.01.040 Contractor qualifications.
12.01.050 Violations and enforcement.
12.01.010 Applicability.
This title shall be officially known and cited as the city of Gunnison utilities code. Utilities include:
A. Sewer collection facilities, including all public main lines, appurtenances, required lift stations, and forced mains designed and constructed by the developer and approved by the city.
B. Storm drainage facilities, including public main lines, appurtenances, and reservoirs designed and constructed by the developer and approved by the city.
C. Potable water facilities for irrigation purposes which are designed and constructed by the developer and approved by the city.
D. Water distribution facilities, including all public main lines, appurtenances, and required pump stations designed and constructed by the developer and approved by the city.
E. Electric distribution facilities, including distribution lines, conduit, poles, switches, fuses, transformers, and related equipment designed by the developer and approved and constructed by the city.
F. Irrigation system improvements, including all open ditches, culverts, sumps, pumping stations, or pressurized mains used to convey nonpotable irrigation water.
G. Curb and gutter improvements consisting of all concrete work facing drivable public street surfaces as designed and constructed by the developer and approved by the city.
H. Street improvements, including structural fill, road base, and finish surface such as asphalt, concrete, or other all-weather surface, which are designed and constructed by the developer and approved by the city. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.01.020 Regulatory framework.
A. Relevant Laws and Codes. All powers authorized by federal and state law or statute for the regulation of utilities apply, including the Federal Water Pollution Control Act, also known as the Clean Water Act, as amended, 33 U.S.C. § 1251 et seq. (hereinafter referred to as the Act), in addition to the provisions of this title. All utility service lines within the city service area shall be installed in accordance with the International Plumbing Code and/or the International Building Code, current edition, and amendments thereto which have been adopted by the state of Colorado and any additional requirements of this chapter, as appropriate.
B. References to Other Regulations, Publications and Documents. Whenever reference is made to a resolution, code, statute, regulation, or document, that reference shall be construed as referring to the most recent edition of such resolution, code, statute, regulation, or document or to the relevant successor document, unless otherwise expressly stated.
C. Rates and Fees. All rates or fees relative to this title are contained in the city of Gunnison fee table, as may be amended. Further provisions related to utility service rules and reimbursement may be found in Chapters 12.40 and 12.50 GMC.
D. Conflicting Regulations.
1. Conflict with State or Federal Regulations. If the provisions of this title are inconsistent with those of the state or federal government, this title shall control, unless preempted.
2. Conflict with Other City Regulations. If the provisions of this title are inconsistent with one another, or if they conflict with provisions found in other adopted codes or regulations of the city, the more specific provision will prevail.
3. Conflict with Private Easements, Agreements, Covenants or Restrictions. This title is not intended to abrogate, annul, or otherwise interfere with any private easement, agreement, covenant, restriction, or other private legal relationship. However, private covenants are considered subordinate to this title. The city is responsible for enforcing this title; it does not enforce private agreements, easements, covenants, or restrictions except those specifically required for the administration and enforcement of this title. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.01.030 Word usage and construction of language.
A. Delegation of Authority. Whenever a provision appears regarding the head of a department, such as the public works director, or another officer or employee of the city to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate that responsibility to others over whom they have authority.
B. Public Officials and Agencies. The term “city,” and all public officials, bodies, and agencies to which references are made refer to the city of Gunnison, unless otherwise expressly provided. The public works director shall be hereinafter referred to as the director.
C. Lists and Examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as “including,” “such as,” or similar language are intended to provide examples, not to be exhaustive lists of all possibilities.
D. Computation of Time. Unless the terms of a specific provision of this title state otherwise (e.g., some provisions specify working days), the time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday, or a legal holiday observed by the city, that day shall be excluded.
E. Technical and Nontechnical Terms. Words and phrases shall be construed meaning according to the common and approved usage of the language. However, technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
F. Word Usage. For the purpose of this title, certain words shall be interpreted as follows:
1. The word “person” includes a firm, association, corporation, trust, and company as well as an individual.
2. The word “structure” shall include the word “building.”
3. The word “lot” shall include the words “plot,” “parcel” or “tract.”
4. The words “may” and “should” are advisory and the words “shall” and “will” are always mandatory.
5. Words not specifically defined in this title shall take their common dictionary meaning, except as modified by use as terms of art in engineering.
G. Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
1. “And” indicates that all connected items apply, conditions apply, provisions apply, or events apply.
2. “Or” indicates that one or more of the connected items, conditions, provisions, or events may apply.
H. Tenses and Plurals. Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular includes the plural, and the plural includes the singular. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.01.040 Contractor qualifications.
The public works director may review and approve individuals and contractors seeking to complete work on city owned and maintained utilities. The purpose of this review and approval is to ensure that qualified individuals or contractors are completing work on infrastructure that serves the public. No work is allowed until such approval occurs. (Ord. 4-2021 § 1 (Exh. A), 2021).
12.01.050 Violations and enforcement.
A. Enforcement by Director. The director shall have the authority to enforce this title. Under the powers of this section, the director shall have the authority to enter onto property within the city limits to inspect or to investigate compliance or suspected violations of this title.
1. Premises Occupied. If the building or premises upon which the suspected violation is located is occupied, the director shall present proper identification and request access. If access is denied, the director may obtain a search warrant from a court of competent jurisdiction.
2. Premises Unoccupied. If the building or premises upon which the suspected violation is located is unoccupied, the director shall make reasonable efforts to locate persons having charge of the premises. If entry is refused, the director shall have recourse to every remedy provided by law to secure entry.
B. Powers and Authority of Inspectors.
1. Entry of Properties. City employees bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to the relevant utility in accordance with the provisions of this chapter.
2. Obtain Information. The director is authorized to obtain information concerning the relevant utility, including examining wiring, appliances, or other equipment relating to the department service, to ascertain loads, make necessary tests, and to replace or remove the department’s own equipment; as well as industrial processes which have a direct bearing on the kind and source of discharge to the wastewater collection system. The industry may withhold information considered confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors.
3. Limitations. While performing the necessary work on private properties, city inspectors shall observe all applicable safety rules.
4. Entry of Areas Within an Easement. City employees bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds either a duly negotiated easement or a prescriptive easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the utility lying within said easement.
C. Violations and Penalties.
1. Calculation. Each day that a violation exists shall constitute a separate offense.
2. Waterworks System. Stipulations for violations of Chapter 12.20 GMC include:
a. The city reserves the right to turn off water for violations of this chapter if no other means can be found, satisfactory to the city, to correct the violation.
b. If water for a premises has been turned off for a violation of this chapter or for nonpayment, a reconnection charge shall be paid prior to turn-on.
3. Electric System. The city reserves the right to turn off electricity for violations of Chapter 12.30 GMC, if no other means can be found, satisfactory to the city, to correct the violation.
4. Garbage. Any person, firm, or corporation found guilty of a violation of any of the prohibited acts set forth in Chapter 12.60 GMC shall be assessed penalties in accordance with GMC Title 4.
5. Industrial Pretreatment. The city may also assess charges against the user for any fines or legal expenses associated with violations of the city’s CDPS permit that resulted from the discharge of pollutants from a user. (Ord. 4-2021 § 1 (Exh. A), 2021).