HomeMy WebLinkAboutordinance.council.017-2020 ORDINANCE NO. 17
Series 2020
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING AND
ADDING TO TITLE 25 OF THE MUNICIPAL CODE OF THE CITY OF ASPEN--UTILITIES—
SPECIFICALLY CHAPTERS 25.04 ELECTRICITY; 25.08 WATER SERVICE–GENERAL PROVISIONS;
25.12 UTILITY CONNECTIONS; AND, 25.16 WATER RATES AND CHARGES.
WHEREAS, the City owns and operates a public electric and water system; and
WHEREAS, the City Council has adopted a policy of requiring all users of the electric and water
system operated by the City of Aspen to pay fees that fairly approximate the costs of providing such
services; and
WHEREAS, the City Council supports electric and water rate structures that place a value on,
and incentive for, conservation and efficiency programs, policies, and improvements.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE`CITY OF ASPEN, COLORADO:
Section 1.
That Title 25 of the Municipal Code of the City of Aspen, Colorado, which section sets forth
Utilities, is hereby amended, and added to, to read as follows:
Chapter 25.04
ELECTRICITY'
' Cross-reference—Electrical Code, §8.24.010 et seq.
Sec.25.04.035.-Electric Community Investment Fee.
The Electric Department must expand the electric system facilities to accommodate new
development without decreasing current reliability and service standards. The Electric Department
distributes electricity to the customers in its service area by means of an integrated and interdependent
system-wide network of electric facilities. The Electric Community Investment(ECI)fee will be charged to
any customer requesting services for new development and expansion of existing services within the
service area as measured at each individual electric meter. The ECI will provide additional capital to the
Electric Department to pay for a portion of the new facilities needed to deliver electric services to new or
expanded services. Effective January 1, 2021, all residential, commercial and city facilities customers of
the Aspen Electric Department shall pay the ECI fee as follows:
ECI Residential ECI Commercial
Panel Amps 1 Phase 3 Phase 1 Phase 3 Phase 3 Phase
120/240V 120/208V 120/240V 120/208V 277/480V
100 $ 1,305 $2,609 $ 3,480 $3,913 $ 9,031
200 $ 2,610 $ 5,218 $6,960 $7,827 $ 15,051
300 $5,220 $8,480 $ 10,440 $ 11,740 $ 27,092
400 $6,960 $ 11,307 $ 13,920 $ 15,653 $ 36,123
600 $ 10,440 $ 16,960 $20,880 $ 23,480 $54,185
800 $ 13,920 $ 22,613 $27,841 $ 31,307 $72,246
1000 $ 17,400 $28,267 $ 34,801 $ 39,133 $90,308
1200 $20,880 $33,920 $41,761 $46,960 $ 108,369
1400 $ 24,360 $ 39,574 $48,721 $54,787 $ 126,431
1600 $27,841 $45,227 $55,681 $ 62,613 $ 144,492
1800 $31,321 $50,880 $ 62,641 $70,440 $ 162,554
2000 $ 34,801 $56,534 $69,601 $78,267 $ 180,615
2200 $38,281 $ 62,187 $76,561 $86,093 $ 198,677
2400 $41,761 $67,840 $83,522 $93,920 $ 216,739
2600 $43,640 $70,893 $87,280 $98,146 $226,492
2800 $45,604 $74,083 $91,208 $ 102,563 $236,684
3000 and above $47,656 $77,417 $95,312 $ 107,178 $ 247,335
( Ord. NO 27-2017 ; Ord. No. 24-2019 , § 1, 11-26-2019
Sec.25.04.036.-Waivers and exemptions from electric community investment charges for certain
employee housing projects.
(a) Purpose. The purpose of this section is to identify those affordable housing projects that may be
eligible for exemption from, and waivers of, the utility investment charges and system development
charges when connecting to the City of Aspen's electric system. There are three (3)types of
affordable housing projects that are eligible for exemptions or waivers: (i) projects that are determined
to be Qualified Affordable Employee Housing as defined herein; (ii) affordable housing projects that
are eligible to receive Affordable Housing Credits pursuant to Chapter 26.540 of the Municipal Code;
and (iii) projects that consist of a mix of affordable housing units subject to the Aspen/Pitkin County
Housing Authority Guidelines, as may be amended from time to time; and, unrestricted (free market)
units. To be eligible for an exemption or waiver pursuant to this section of the Municipal Code, a
project shall have installed in all units properly maintained and continuously operable electric
efficiency devices and practices as designated from time to time by the City Council by ordinance,
resolution, or by regulations issued by the City Manager or the Electric Department.
(b) Definitions. As used in this Code, unless the context requires otherwise, the following terms shall
be defined as follows:
(1) Qualified Affordable Employee Housing shall be defined as publicly or privately constructed and
owned projects which:
a. Are not constructed for mitigation purposes or which receive any form of Affordable
Housing Credits such as those set forth at Chapter 26.540 of the Municipal Code; and
b. Are composed of one hundred percent(100%) employee housing units; and,
c. Are deed restricted to ensure that all units are subject to, and administered by,
Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time;
and,
d. Are maintained as qualified affordable housing.
(2) The Fee Waiver Schedule referred to in this section is the percent of the utility investment charges
that may be waived based upon the category of the units within the affordable housing project. The
Fee Waiver Scheduled is set forth in Figure 1, below.
Housing Categories as referenced in the Aspen/Pitkin County Housing Authority Fee Waiver
ft
uidelines as may be amended from time to time. Level
Category 1 100%
Fee Wavier
Category 2 70% Fee
Waiver
Category 3 40% Fee
Waiver
Category 4 0% Fee
Waiver
Housing Categories as referenced in the Aspen/Pitkin County Housing Authority Fee Waiver
uldelines as may be amended from time to time. Level
ft
ategory 5 0% Fee
Waiver
ategory 6 0% Fee
Waiver
Category 7 0% Fee
Waiver
Resident Occupied 0% Fee
Waiver
Free Market Units 0% Fee
Waiver
Figure 1.
(3)Affordable and Free Market Mix shall be defined as a project that:
a. consist of a mix of both deed restricted housing to ensure that all units are subject to the
Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time and
unrestricted housing (free market) units; and,
b. were not constructed for mitigation purposes.
(c)Qualified Affordable Employee housing shall be exempt from all utility investment charges and
system development charges when connection is made to the City of Aspen's electric system.
(d)Affordable Housing Credits Program.,Projects that receive Affordable Housing Credits pursuant to
Chapter 26.540 of the Municipal Code are eligible for a waiver of the percentage of the total utility
investment charge and system development charge as set forth in the Fee Waiver Schedule. If a
project has a mix of categories, the waiver shall be determined on a unit by unit basis pursuant to the
Fee Waiver Schedule.
(e)Affordable and Free Market Mix. Projects that are determined to be Affordable and Free Market
Mix of units, and where no mitigation is required for the free market units, are eligible for a waiver of
the percentage of the total utility investment charge and system development charge as set forth in
the Fee Waiver Schedule for the affordable housing units. If a project has a mix of categories, the
waiver shall be determined on a unit by unit basis pursuant to the Fee Waiver Schedule.
(f) Revocation of Exemptions and Waivers. In the event that Qualified Employee Housing units,
projects receiving Affordable Housing Credits, or projects that are considered Affordable and Free
Market Mix projects, receive an exemption or a waiver in accordance with this section, and thereafter
fail to continue being affordable housing units as contemplated herein; or, the electric efficiency
devices and practices are not installed as required, are not properly maintained or continuously
operable, the developer of such units and the owners thereof shall be jointly and severally liable to
reimburse the City for the cost of the utility investment charges and system development charges
exempted by this Section. The City Manager shall establish a method of accomplishing this payment
so as not to be unduly burdensome on the developer or owners.
(g) Subsequent Project Changes. Utility connection charge and system development charge waivers
for affordable housing credit projects and affordable and free market mixed projects are a one-time
occurrence at the time of project completion. Additions, remodels, and, or changes that occur after
original project completion will not receive a utility connection charge or system development charge
waiver, however a credit for the ECU's assigned to the specific employee housing unit will be allowed
against additional fees due to these improvements.
(Ord.No. 24-2019 , § 1, 11-26-2019)
Sec. 25.04.039-Senior electric rates.
Any qualified senior citizen who so applies shall be entitled to an adjustment in the individual electric
residential availability rates set forth in Section 25.04.040.
Qualified senior citizen shall be defined by the Pitkin County Social Services Department in
consultation with the Pitkin County Senior Services Council.
The Utilities Director shall first coordinate with Pitkin County Social Services Department and the
Pitkin County Senior Services Council as necessary to ensure that qualified senior citizens are made
aware of their eligibility for this program and application procedure is conducive to their participation.
A metered residence owned or leased by qualified seniors shall pay on a monthly basis the sum of
charges of: 70% of standard availability charge; 100% of electric consumption charge(kwh); and,
applicable sales tax.
Sec. 25.04.040.-Electric service rates.
(a) Effective in the January 2021 monthly billing, all residential, commercial and city facilities customers
of the Aspen Electric Department shall pay a monthly customer availability charge as follows:
Standard Senior Small Large
AMP Size Residential Residential Commercial Commercial
Customer-
Customer70% Customer Customer
100 AMP $22.72 $15.91 $22.29 $20.15
i
200 AMP $44.24 $30.97 42.94 37.26
300 AMP $72.10 $50.47 69.69 59.42
400 AMP $105.10 $73.57 101.36 85.65
600 AMP $183.90 $128.73 177.02 148.32
800 AMP $277.22 $194.06 266.60 222.53
1000 AMP $383.08 $268.15 368.22 306.70
j 1200 AMP $500.12 $350.09 480.58 399.78
1600 AMP $764.08 $534.86 733.98 609.67
1800 AMP $909.62 $636.73 873.69 725.40
2000 AMP $1,063.48 $744.44 1,021.40 847.75
2200 AMP $1,244.27 $870.99 1,195.03 991.87
2400 AMP $1,455.80 $1,019.06 1,398.19 1,160.49
2600 AMP $1,703.28 $1,192.30 1,635.88 1,357.77
2800 AMP $1,992.84 $1,394.99 1,913.98 1,588.59
3000 AMP and
above $2,331.62 $1,632.14 2,239.36 1,858.66
(b) In addition to the monthly customer availability charge, and effective in the January 2021 monthly
billing, the residential customer shall pay the sum of the metered use of electric energy measured in
kilowatt-hours (kWh) during the department's monthly meter reading cycle multiplied by the
appropriate service rate as follows:
AMP Usage Per Additional Per Additional Per Remaining Per
Size Up To KWh Usage Up To KWh Usage Up To KWh Usage Over KWh
100 AMP 400 $0.0856 1,080 1$0.1284 1,920 $0.1926 1,920 $0.3371
200 AMP 520 1$0.08561 1,360 1$0.12841 2,800 $0.1926 2,800 $0.3371
300 AMP 1 1,600 1$0.0856 3,600 $0.1284 6,160 $0.1926 6,160 $0.3371
400 AMP 1,600 $0.0856 3,600 $0.1284 1 6,160 $0.1926 6,160 1$0.3371
600 AMP 2,800 $0.0856 5,440 $0.1284 8,800 $0.1926 8,800 $0.3371
800 AMP 2,800 1$0.08561 5,440 1$0.12841 8,800 1$0.19261 8,800 $0.3371
1000 2,800 $0.0856 5,440 $0.1284 8,800 $0.1926 8,800 $0.3371
AMP
i
1200 2,800 $0.0856 5,440 $0.1284 8,800 $0.1926 8,800 $0.3371
AMP
1600 2,800 $0.0856 5,440 $0.1284 8,800 $0.1926 8,800 $0.3371
AMP
1800 2,800 $0.0856 5,440 $0.1284 8,800 $0.1926 8,800 $0.3371
AMP
2000 2,800 $0.0856 5,440 $0.1284 8,800 $0.1926 8,800 $0.3371
AMP
I
2200 2,800 $0.0856 5,440 $0.1284 8,800 $0.1926 8,800 $0.3371
AMP
2400 2,800 $0.0856 5,440 $0.1284 8,800 $0.1926 8,800 $0.3371
AMP
2600 2,800 $0.0856 5,440 $0.1284 8,800 $0.1926 8,800 $0.3371
AMP
2800 2,800 $0.0856 5,440 $0.1284 8,800 1$0.1926 8,800 $0.3371
AMP
3000 2,800 $0.0856 $0.1284 8,800 8,800 $0.3371
AMP and 5,440 $0.1926
above
(c) Effective January 1, 2021 all electric accounts that service 5 or more individual units shall be
considered a small commercial customer and shall have rates associated with a small commercial
account rather than a residential account. Additionally, all commercial accounts that do not meet the
requirements for large commercial designation shall be considered small commercial accounts,
which includes previous class of small commercial city facilities customers. In addition to the monthly
customer availability charge, and effective in the January 2021 monthly billing, the small commercial
customer shall pay the sum of the metered use of electric energy measured in kilowatt-hours (kWh)
during the department's monthly meter reading cycle multiplied by the appropriate service rate as
follows:
AMP Size Usage Per Additional Per Additional Per Remaining Per
Up To KWh Usage Up To KWh Usage Up To KWh Usage Over KWh
100 AMP 880 $0.0919 2320 $0.1149 4800 $0.1724 4800 $0.2758
200 AMP 1280 $0.0919 3120 $0.1149 5760 $0.1724 5760 $0.2758
300 AMP 3360 $0.0919 7120 $0.1149 12240 $0.1724 12240 $0.2758
400 AMP 3360 1$0.09191 7120 $0.1149 12240 1$0.1724 12240 $0.2758
600 AMP 6560 $0.0919 13200 $0.1149 18400 $0.1724 18400 $0.2758
800 AMP 13600 $0.0919 28000 $0.1149 44800 $0.1724 44800 $0.2758
1000 13600 $0.0919 28000 $0.1149 44800 $0.1724 44800 $0.2758
AMP
1200 13600 $0.0919 28000 $0.1149 44800 $0.1724 44800 $0.2758
AMP
1600 13600 $0.0919 28000 $0.1149 44800 $0.1724 44800 $0.2758
AMP
1800 13600 $0.0919 28000 $0.1149 44800 $0.1724 44800 $0.2758
AMP
2000 13600 $0.0919 28000 $0.1149 44800 $0.1724 44800 $0.2758
AMP
2200 13600 $0.0919 28000 $0.1149 44800 $0.1724 44800 $0.2758
AMP
2400 13600 $0.0919 28000 $0.1149 44800 $0.1724 44800 $0.2758
AMP
2600 13600 $0.0919 28000 $0.1149 44800 $0.1724 44800 $0.2758
AMP
2800 13600 $0.0919 28000 $0.1149 44800 1$0.1724 44800 $0.2758
AMP
3000 13600 $0.0919 28000 $0.1149 $0.1724 44800 $0.2758
AMP and 44800
above
(d) In addition to the monthly customer availability charge, and effective in the January 2021 monthly
billing, the large commercial customer, which includes previous class of large commercial city
facilities customers, (with operable demand metering systems in place and measured usage of forty
(40) kW and greater) shall pay the sum of the metered use of electric energy measured in kilowatt-
hours (kWh) during the department's monthly meter reading cycle multiplied by the appropriate
service rate as follows, plus a demand charge per kW of metered customer peak usage for that
meter reading cycle:
AMP Size
Usage Per KWh Remaining Per KWh Demand Charge on
Up To Usage Over Customer Peak kW
100 AMP 23200 $0.0638 23200 $0.0797 $18.64
I
200 AMP 23200 $0.0638 23200 $0.0797 $18.64
300 AMP 23200 $0.0638 23200 $0.0797 $18.64
400 AMP 23200 $0.0638 23200 $0.0797 $18.64
600 AMP 23200 $0.0638 23200 $0.0797 $18.64
800 AMP 23200 $0.0638 23200 $0.0797 $18.64
1000 AMP 23200 $0.0638 23200 $0.0797 $18.64
1200 AMP 23200 $0.0638 23200 $0.0797 $18.64
1600 AMP 23200 $0.0638 23200 $0.0797 $18.64
1800 AMP 23200 $0.0638 23200 $0.0797 $18.64
i
2000 AMP 23200 $0.0638 23200 $0.0797 $18.64
2200 AMP 23200 $0.0638 23200 $0.0797 $18.64
2400 AMP 23200 $0.0638 23200 $0.0797 $18.64
2600 AMP 23200 $0.0638 23200 $0.0797 J $18.64
2800 AMP 23200 $0.0638 23200 $0.0797 $18.64
3000 AMP 23200 $0.0638 23200 $0.0797 $18.64
and above
(e) In addition to the monthly customer availability charge, and effective in the January 2021 monthly
billing, an alternative 200 AMP customer rate shall be available for new deed-restricted, residential
properties with electric heat and built in compliance with International Energy Conservation Codes
2015 edition as stated in Municipal Code 8.46 including amendments as stated in Ordinance 40,
Series of 2016. This rate will only be applied to deed-restricted residential electric accounts that have
been reviewed and approved as a qualifying residential property by the Utilities Director. This rate
shall be the sum of the metered use of electric energy measured in kilowatt-hours (kWh) during the
department's monthly meter reading cycle multiplied by the appropriate service rate as follows:
AMP Usage Per Additional Per Additional Per Remaining Per
Size Up To KWh Usage Up To KWh Usage Up To KWh Usage Over KWh
200 1,100 $0.0856 2,800 $0.1284 4,000 $0.1926 4,000 $0.3371
AMP
(Code 1971, § 23-18.1; Ord. No. 42-1984. § 1 ; Ord. No. 76-1992. § 1 ; Ord. No. 36-1996. § 1 ; Ord.
No. 41-2004, 4 1 ; Ord. No. 7-2006. § 1 ; Ord. No. 37-2008 ; Ord. No 29-2011 ; Ord. No. 36-2011 ; Ord.
No. 37-2014. & 1 ; Ord. No. 44-2015 , Ord. No. 38-2016 , Ord. No. 27-2017 ; Ord. No. 28-2018 ; Ord.
No. 24-2019 , § 1, 11-26-2019)
Sec. 25.04.045.-Late payment charge.
Payments for electric service, transformers and other associated electric fees and charges shall be
due thirty (30) days after the billed date. Any amount due, but not received by the City by the due date,
shall be subject to a past due monthly interest charge of one and one-half percent(1'/%)of the total
amount due; subject, however, to a minimum charge of three dollars($3.00). Balances of less than five
dollars($5.00) shall not be subject to this charge.
(Ord. 36-1996, 4-4 2. 3 ; Ord. No. 45-1999-4 16 (part); Ord. No. 30-2012 4 29 , Ord. No. 38-2016 )
Sec. 25.04.050.- Injuring or damaging Electric Department property prohibited.
It shall be unlawful for any person, unless authorized by the provisions of this Code or other
ordinance of the City, to injure or in anywise damage or to meddle or interfere with in any way any
property or appliance constituting or being a part of such Electric Department or the electric system
controlled and operated thereby or any fence, guard rail, box cover, pole, wire, transformer, connector,
insulator or any other structure, apparatus or appliance used as a part of such Electric Department or
electric distribution system.
(Code 1962, § 3-4-7; Code 1971, § 23-19)
Cross reference—Injury to public or private property, § 15.04.240.
Sec. 25.04.060.-Trespassing on Electric Department grounds or premises prohibited.
It shall be unlawful for any person, unless authorized by the provisions of this Code or other
ordinances of the City, to trespass upon any grounds or premises of the Electric Department.
(Code 1962, § 3-4-7; Code 1971, § 23-20)
Cross reference—Trespassing generally, § 15.04.280.
Sec. 25.04.070.- Permission required for electrical system connections; unauthorized connections
prohibited.
It shall be unlawful for any person to make any connection with the electric system or any portion
thereof, without first having obtained permission therefor, as in this Title and, if for service outside the City
limits, the PUC approved rules and regulations provided. It shall be unlawful for any person not
authorized by this Title or, the PUC approved rules and regulations to make any connection if for service
outside the City limits, to the electric system.
(Code 1962, § 3-4-8; Code 1971, § 23-21)
Sec. 25.04.080.- Payment of charges for service; lien and collection of nonpayment.
(a) The Manager shall disconnect the electrical service to any consumer who fails to pay any electric
service charges and fees fifteen (15)days after their due date.
(b) All the rates and charges specified in the approved schedules shall be paid by the owner of the
premises on which the electric power was issued or the occupant thereof and all such rates and
charges from the time the same shall be due and payable shall become and remain a lien upon the
premises until such rates or charges shall be paid and such rates and charges for electric power may
be collected against any owner or occupant by suit, such action to be brought in the name of the City
in any court having jurisdiction thereof and shall be prosecuted as an action in personam against the
owner or occupant or by an action in rem for the enforcement of the lien or both.
(c) Any lien for unpaid electric power rates and charges against any premises may also be collected as
provided by the statutes of the State for the collection of taxes and other liens and assessments
against real estate.
(Code 1962, § 3-4-10; Code 1971, § 23-22; Ord. No. 11-1979. § 1 , Ord. No. 38-2016)
Sec. 25.04.090.-Receipt for payment of service charge.
Upon the payment of any charge for electric power and lights, the Director of Finance shall issue or
cause to be issued a receipt which shall state the date thereof, the amount of money received, from
whom received and on what premises or through which meter the electric power was used for the
payment of which the money was paid.
(Code 1962, § 3-4-9; Code 1971, § 23-23)
Sec. 25.04.100.-Termination on wasteful use.
In the event the Superintendent of the Electric Department shall determine that any electric customer
has failed to abide by the prohibitions of Section 15.04.440, whether or not convicted of the same, he or
she shall notify such customer that continued consumption of electricity for such purposes shall subject
him to discontinuance of service; and upon continued consumption of electrical power for such purposes
by any customer so notified, the Superintendent shall discontinue electrical service.
(Code 1971, § 23-24; Ord. No. 12-1976. § 2)
Sec. 25.04.110.-Deposit for electric service.
(a) When a tenant applies for electric service at a new location, the applicant shall be required to place
a cash deposit in the following manner:
Residential service: one hundred fifty dollars ($150.00).
Commercial service:
(1) An amount equal to the service bills for the subject property for the three (3) highest months of
usage during the prior year, if the applied-for use of the property is similar to the prior use; or
(2) If there is no similar prior space or use on which to compute the amount provided in Subsection
(a)(1) above, then an amount to be determined by the Utilities Director within his or her sole
discretion and based on a reasonable estimate of three (3) months' service for a space and use
similar to the subject property.
(b) Subject to the approval of the Utilities Director based on previous credit history with the City of
Aspen Utilities, the owner of the premises on which the electricity is used may approve waiver of
their tenant's deposit requirement. To request approval of the Utilities Director, the owner must
complete an application which informs the owner of the possibility of a lien upon the premises for
unpaid bills, pursuant to Section 25.04.090 above.
(1) Deposits shall be held by the Director of Finance until service is discontinued and final service
bills paid and will accrue interest at five percent (5%) per annum starting thirty (30) days after
receipt of the monies until the date of disconnection. Return of the unused portion of the deposit
plus interest will be made within forty-five (45) days from date the final bill is issued. Effective
January 1, 2013 no deposit will accrue interest.
(Code 1971, § 23-25; Ord. No. 28-1982 , § 1; Ord. No. 68-1994 , § 14; Ord. No. 57-2000. § 7; Ord.
No. 30-2012_§ 37; Ord.No. 24-2019, § 1, 11-26-2019)
Sec. 25.04.120.- Electric service and disconnect charges.
A service charge of forty dollars($40.00) is hereby established for each new account that is setup for
electric service. If a disconnection is made in accordance with Section 25.04.080 above because of
nonpayment of electric service charges, the disconnect charge of sixty dollars($60.00)shall be due prior
to reconnection of electric service.
(Code 1971, § 23-26; Ord. No. 53-1992. 4 2 ; Ord. No. 45-1999. 4 15 ; Ord. No 37-2014 § 2)
Sec. 25.04.121.-Discontinuance of service.
(a) Grounds for discontinuance. If any utility service charges remain unpaid for fifteen (15) days after
their due date, the City may terminate service for the type of utility service for which payment has not
been made. In addition, the City may terminate a utility service for violation of any rule or regulation
concerning such utility as set forth in this Title.
(b) Notice of termination. In order to terminate any services the City shall send a notice of termination
by first class mail or, at the City's option, by certified mail, return receipt requested, or by posting in a
conspicuous place at or near the main entrance to the premises served by such utility service to the
customer listed on the City records and, at the City's option, to the occupant of the premises served
and/or the owner of the premises served.
(c) Effective date of discontinuance of service. The effective date of the discontinuance of utility service
shall be ten (10) days after the mailing by the City of a notice of termination.
(d) When utility service is not discontinued. Utility service shall not be discontinued:
(1) Between 12:00 p.m. on Friday and 8:00 a.m. on the following Monday or between 12:00 p.m.
on the day prior to and 8:00 a.m. on the day following any federal holiday or City holiday.
(2) During any period when termination of service would be especially dangerous to the health or
safety of any residential customer or permanent resident of the customer's household and such
customer has established that he/she was unable to pay for the service as regularly billed by
the City or is able to pay for such service but only in reasonable installments. Termination of
service that would be especially dangerous to the health or safety of the residential customer or
a permanent resident of the customer's household means that the termination of service would
aggravate an existing medical condition or create a medical emergency for the customer or a
permanent resident of the customer's household. Such shall be deemed to be the case when a
physician licensed by the State makes a certification thereof in writing and said certification is
received by the City. In the event a medical certification is delivered to or received by the City, a
non-discontinuance of service as herein prescribed shall be effective for sixty (60)days from the
date of said medical certification. A residential customer may invoke the provisions of this
Paragraph no more than once during any period of twelve(12)consecutive months.
(3) In the event a customer at any time proffers full payment of any utility bill by cash or bona fide
check to the City of Aspen Finance department.
(4) If violations of rules or regulations concerning the receipt or use of utility service have ceased.
(e) Reconnection. Nothing contained in this Section shall preclude the City from charging a
reconnection fee as required by Section 25.04.120 before reconnecting a utility service discontinued
pursuant to this Section. In addition, prior to reconnection, all charges for that type of utility service
must be paid to the City.
(f) Delivery of notice. Notwithstanding anything to the contrary in this Section, whenever reference is
made herein to a notice or other document being mailed or delivered, that phrase shall mean that the
notice or other document is either deposited in the United States mail, postage paid, first class or
certified mail, return receipt requested, at the City's option, or physically delivered to the addressee,
which physical delivery will be accomplished by either handing to someone over eighteen (18) years
of age at the premises served or by posting upon the main entrance of the premises served by the
utility service in a conspicuous place.
(Ord. No. 38-2016 )
Sec. 25.04.130.-Billing errors.
(a) When an error has been made in an electric utility account, the following shall apply:
Each electric utility customer is responsible for using reasonable diligence to review billing
statements and for immediately notifying the utility of a billing error.
(1) When the utility determines that an electric utility customer has overpaid for utility service and
the overpayment occurred no more than twenty-four (24) months before the date the error is
made know to the utility, the utility will issue to the customer a credit to the Customer's account
without interest, as reimbursement for the overpayment.
Previous Customer accounts at same service location will be reviewed to determine if they were
affected by the overbilling. If it is determined that an overbilling affected a previous Customer
with the twenty-four-month period as described herein, reasonable efforts will be made to locate
the Customer and refund any amounts owed due to the overbilling.
Any refund check mailed to the last known address of the Customer and returned unpaid to the
City or not cashed by the Customer within two(2)years of either the date of delivery or mailing
of the check, will be retained by the City and will be credited as miscellaneous revenue for the
utility service which was overpaid.
Prior to final determination of an overbilling refund credit or refund, each of the following
conditions must be met:
a. The customer could not have discovered the error with reasonable inquiry prior to the date
of discovery;
b. Documentation evidencing the overpayment is available in utility records or has been
provided to the utility; and
c. The utility confirms the accuracy and sufficiency of the documentation based on utility
records.
d. The overbilling is not the result of changes, modifications, updates, or alterations by the
Customer or its agent that affects the metering accuracy, multiplier, or other metering
components without evidence of prior notification to and approval of the Utility.
(2) When the Utility determines that a current electric utility customer has been undercharged and
has underpaid for utility service, the customer shall be billed for the correct amount unless the
undercharges occurred more than six(6) months before the date the error is discovered and the
following conditions are met:
a. The customer could not have discovered the error with reasonable inquiry.
b. Each utility customer is responsible for using reasonable diligence to review billing
statements and for immediately notifying the utility of a billing error.
c. Bills for corrected usage and other utility rate code charges shall be due and payable in the
same manner as regular bills for service.
In the event of an inaccurate billing due to the diversion or theft of utility service, the City retains
the right to back bill for the entire period of occurrence.
(3) Any attempt or action by an electric utility customer to mislead the utility with regard to a billing
error shall be a violation of code, punishable by fine as provided for wherein. Each day upon
which any violation shall continue shall constitute a separate offense, punishable as such.
Additionally, the Utility.reserves the right to pursue other compensation or charges to the fullest
extent of the law.
Chapter 25.06.-WATER DISTRIBUTION STANDARDS
Sec. 25.06.010.- Purpose and Intent.
The purpose of this Chapter is to ensure development in the City of Aspen meets minimum
standards for working with potable, reuse, and raw water. It is the City's intent to establish Water
Distribution Standards that will ensure the public health, safety, and welfare, within the City of Aspen
Water Utility service area.
(Ord. No. 15-2019 , § 1, 6-24-2019)
Chapter 25.08.-WATER SERVICE—GENERAL PROVISIONS iJ
Footnotes:
---(3)---
Editor's note—Ord. No. 27-1985, § 1, repealed former Art. III, Divs. 1-6, relative to water service and
enacted in lieu thereof a new Art. III, Divs. 1-6 [Chapters 25.08-25.28], as herein set out. The
provisions of former Art. III derived from the following ordinances: Ord. No. 21-1975, § 1; Ord. No. 34-
1977, §4; Ord. No. 60-1980, § 1, Ord. No. 36-1981, § 1; Ord. No. 39-1981, § 1; Ord. No. 40-1981, § 1;
Ord. No. 41-1981, § 1; Ord. No. 42-1981, § 1; Ord. No. 21-1982, § 1; Ord. No. 28-1982, §2; Ord. No. 30-
1982, §§ 1-3; Ord. No. 3-1983, § 1(A)—(E); Ord. No. 8-1983, § 1; Ord. No. 52-1983, § 1; Ord. No. 18-
1984, § 1(A)—(D); Ord. No. 19-1984, § 1; Ord. No. 25-1985, § 1(A)—(D); Ord. No. 26-1985, § 1; and Ord.
No. 46-1985, § 1.
Cross reference— Plumbing Code, § 8.36.010 et seq.; health and quality of environment, Title 13; water
quality, § 13.04.010 et seq.
Sec. 25.08.010. -City of Aspen water utility operation and control.
The water collection, treatment and distribution system owned and operated by the City shall be
known collectively as"The City of Aspen Water Utility."The operation and management of this utility shall
be under the control of the City Manager, who shall direct the construction of additions thereto and the
maintenance and operation thereof and, in all cases not particularly provided for by this Code or other
ordinances of the City, shall determine in what manner and upon what terms water may be taken from the
water utility by any property owner or water consumer and the character of the connections and
appliances which may be made or used therefor.
(Code 1971, § 23-36; Ord. No. 27-1985 , § 1)
Sec. 25.08.020.-Powers and duties generally of the Water Superintendent.
(a) The Superintendent shall, under the direction of the City Manager, have charge of all facilities of the
water utility and it shall be his or her duty to supervise the water utility and maintain and control the
same as directed by the City Manager and as provided in this Chapter.
(b) The Superintendent shall have control of the laying of all water mains. The Superintendent shall
have the general supervision of the putting in of all utility connections, service pipes or other
connections with the water mains and the regulation of the water supply to all users of water. He or
she shall also have charge of and be responsible for all tools, machinery, pipes, meters, fixtures,
plumbing materials and all other appliances owned by the City or used by it in the maintenance and
operation of the water utility and shall keep account of all such material and the manner in which the
same is used, kept or disposed of.
(c) It is hereby made the duty of the Director to manage the water purification plants and other water
utility properties; to periodically report to the City Manager of his or her activities as director and of
the condition of the water utility; and to make such suggestions concerning the same as the nature of
the service may require.
(d) It shall be the duty of the Superintendent to keep all fire hydrants in repair and test the same
frequently to see if the same are in order and he or she may let water from the hydrants whenever it
shall be necessary for the testing of the condition of the waterworks or for purifying the water or for
the repairing of the water utility or for watering the trees in extreme need.
(e) The Water Department shall install, maintain, and operate special hydrants for street washing,
construction works or other lawful purposes. The Water Department may grant permission to any
person to draw water from these special hydrants. All water drafted for such purposes shall be
assessed in accordance with applicable rates prescribed by this Chapter. The Water Department
shall not grant permission for drafting of water from fire hydrants for street washing, construction,
and other such uses except in cases of extreme need.
(Code 1971, § 23-37; Ord. No. 27-1985 , § 1)
Sec. 25.08.030.-Access to fire hydrants; unauthorized obstruction or operation of hydrant prohibited;
wrenches for fire hydrants.
(a) The members of the Fire Department, under the direction of the chief of the Fire Department or
other officer in charge, shall at all times have free access to the fire hydrants in case of fire and for
the purposes of cleaning, washing or testing their engines or other apparatus.
(b) It shall be unlawful for any unauthorized person to open or operate any fire hydrant, draw water
therefrom or obstruct the approach thereto.
(c) Wrenches for fire hydrants shall be furnished by the Superintendent to the Fire Department for the
use of its members and to such other persons as he or she may deem proper and it shall be unlawful
for any person to whom a wrench is furnished to permit the same to be taken from his or her control,
to use the same or to permit the use of the same by any other person or for other purpose than that
authorized by the provisions of this Chapter or by the Superintendent of pursuance thereof.
(Code 1971, § 23-38; Ord. No. 27-1985 , § 1)
Sec. 25.08.040.- Inspection of premises receiving service.
The City Manager, Superintendent or other designated official may from time to time examine and
inspect any premises where water from the water utility is used in or upon such premises in order to
ascertain the nature, character and extent of such water use and the condition of the water pipes, fixtures
and appliances and to determine if water is being wasted upon the premises. During the times that such
inspections are being made, the Superintendent or other designated official shall accurately tabulate the
appliances and fixtures used for water and other water demand factors as may be required in connection
with the establishment of the rate to be charged to any such premises and the report thereof shall be
available upon request.
(Code 1971, § 23-39; Ord. No. 27-1985 , § 1)
Sec. 25.08.050.-Trespassing on water utility property; injury to water utility or obstruction to water
utility.
(a) It shall be unlawful for any person to injure or in any way damage or interfere with property or
appliances constituting or being a part of the water utility or any fence, guard rail, box cover or
building or any other structure constructed or used to protect any part of the water utility.
(b) It shall be unlawful for any person, unless authorized by this Chapter, to trespass upon the water
utility or the grounds upon which the same are constructed.
(c) It shall be unlawful for any person to cast, place, pump, or deposit in the water utility any substance
or material which will in any manner injure or obstruct the same.
(Code 1971, § 23-40; Ord. No. 27-1985 , § 1)
Sec. 25.08.060. -Definitions.
The following definitions shall apply under this Chapter concerning water service:
Annual water budget means those direct and indirect expenditures and costs, including debt service,
required to provide water service in the coming year, as documented in the annual budget.
Building permit or plumbing permit means the permit or permits issued pursuant to Title 8 of this
Code or by Pitkin County, Colorado pursuant to County building regulations.
Carriage of untreated water rights means those rights held by a water user other than the City of
Aspen and conveyed through a ditch, pipeline or other series of water conveyance facilities owned and/or
operated by the City of Aspen. Rates charged for conveyance of this water are referred to as"carriage"
rates for raw water.
Comprehensive water management plan means the comprehensive water management plan for the
City as initially prepared and adopted in 1980 and as thereafter revised and updated.
Director of water treatment and supply, Director, Water Superintendent or Superintendent Director
of Utilities means the Director of the City of Aspen Water Utility, who, under the direction of the City
Manager, has charge of all facilities of the Aspen water utility and has the duty to supervise the utility and
to maintain and control the same.
Equivalent capacity unit(ECU) means a unit reflecting that part of the capacity of the water system
necessary to serve a standard water customer, with multiples or fractions of the unit including a maximum
number and type of water fixtures, a maximum irrigated area, certain cooking facilities or other water
demand factors.
Hook-up charge means a charge based on a new customer's line size to recover certain costs of
making a physical connection to the water system.
Payment in lieu of water rights dedication is a payment that the City, in its sole discretion, may
accept in lieu of a water rights dedication from a party seeking extraterritorial water service, in an amount
determined by the City, in its sole discretion, to be reasonably necessary to purchase and change water
rights, or otherwise acquire water rights and supplies of sufficient quantity and seniority, at an appropriate
location, to reliably provide water for the proposed water demands of the project.
Utility connection permit means permission by the City to physically connect to the water system or
to change the use of any existing connection and any additional contractual terms which may be
imposed.
Utility investment charge means a charge to recover certain capital costs allocated to new customers
which charge is based on a new customer's ECU rating and billing area factor.
Water demand factor or fixture means any of the water demand factors or fixtures set forth in
Subsections 25.08.090(a)or(b) below.
Water Department means the department of the City under the supervision of the Director of Utilities.
Water rights dedication is a dedication required by any party seeking extraterritorial water service
from the City of water rights acceptable to the City. "Water rights acceptable to the City"shall mean such
water rights as are determined by the Water Department, in its sole discretion, to be sufficient in quantity,
seniority and location, to reliably provide for the proposed water demands of the project, as well as water
rights historically used on the property to be served.
Water service billing area, billing area or area of water service billing means an area established by
the City Water Department for purposes of calculating and assessing tap and/or other water service fees.
The designation of a water service billing area as provided for in this Title shall not be construed as an
offer, obligation, exclusive right, willingness, or ability to serve any customer, prospective customer or
geographical area with municipal water or water services.
Water service or utility service means any connection to the water system and shall include but is not
limited to all requirements service, irrigation only, fire protection only and irrigation and fire protection only
service.
Water system, City water system, water utility, municipal utility system, municipal water utility system
or City water utility means the City water utility as defined in Section 25.08.010.
Well development charge recovers the capital costs of development groundwater sources capable of
being integrated into the potable water supply system by any parry seeking extraterritorial water service
from the City.
(Code 1971, § 23-41; Ord. No. 27-1985 , § 1; Ord. No. 39-1993, § 1; Ord. No. 30-2012 § 1; Ord. No.
24-2019 , § 1, 11-26-2019)
Sec. 25.08.070.- Billing areas and billing area factors.
(a) The billing areas of the Water Department shall be known as follows:
Billing area Name
1 Central Aspen
2 Eastside
3 Northside
4 Westside
5 Maroon/Castle Creeks
6 Airport
7 Music School
I
8 Reserved
A customer shall be located in the billing area in which either the customer's point of connection to the
water system is located or in which the customer consumes any water. Where a customer's point of
connection and any point of consumption are in different billing areas, the customer shall be located in
one of the areas at the Water Department's discretion.
(b) Annual debt service and other annual fixed costs approved for the water system shall be allocated
among billing areas in accordance with the following weighting factors:
Billing area Weighting Factor
1 1.00
2 2.00
3 2.00
4 1.25
i
5 1.75
6 2.00
7 1.50
(c) The billing area weighting factors in Subsection (b) above shall be applied in calculating the demand
and fire protection charges, as well as utility investment charges, under Sections 25.16.010;
25.16.020; and 25.12.040, except as otherwise provided herein.
(Code 1971, § 23-42; Ord. No. 27-1985 , § 1; Ord. No. 34-1988 , §§ 4, 5; Ord. No. 39-1993 , § 2; Ord.
No. 41-1998, § 2; Ord. No. 30-2012 § 2; Ord.No. 24-2019 , § 1, 11-26-2019)
Sec. 25.08.080.- Rate reviews.
(a) The monthly demand, fire protection, variable and pumping charges in Sections 25.16.010 and
25.16.020 shall be set annually in accordance with rate setting principles adopted by the American
Water Works Association as necessary to recover the cost of service and with the following criteria:
(1) The expected annual revenue from all such monthly charges plus the expected annual revenue
from utility investment charges shall be approved by City Council annually.
(2) The monthly demand and fire protection charge per customer shall be based upon:
a. The customer's ECU rating.
b. The customer's billing area factor.
c. The applicable rate per ECU established by City Council for the appropriate calendar year.
(3) Rate setting shall establish a sufficient reserve fund.
(4) The monthly variable charge per customer shall be based upon:
a. The thousands of gallons of ordinary water used by the customer during the monthly meter
reading cycle at the rate established by City Council. In establishing the unit cost of water,
the cost of service will be considered by Council.
(5) The monthly pumping charge per customer shall be based upon:
a. The thousands of gallons delivered to the customer via pumping during the monthly meter
reading cycle.
b. The number of pump stations required to deliver water to the customer.
c. The rate established by City Council.
(b) No schedule of water rates and charges proposed pursuant to such annual or five (5) year reviews
shall be effective except after public hearing and thirty (30) days' notice to the public. Such notice
shall be given by keeping open for public inspection at the office of the Director of Finance the
proposed annual water budget and the proposed schedule of the rates and charges. In addition,
notice shall be given by publishing a notice of the availability of the proposed budget and rate
schedule at least once in a newspaper of general circulation in the affected billing area(s) of the City
water utility at least thirty (30) days and no more than sixty (60) days prior to the date set for public
hearing on the adoption of the proposed schedule. The published notice shall also specify the date,
time, and place for the public hearing on the proposed budget and rate schedule. The City Council
may adjourn and reconvene said hearings, as necessary. For good cause shown, the City Council
may adopt a new budget and rate schedule without thirty (30) days' notice and public hearing by an
order specifying the budget and rate schedule, the circumstances necessitating the adoption of the
rate schedule and budget without thirty (30) days' notice and public hearing, the time when the
changes shall take effect and the manner in which the changes shall be published.
(Code 1971, § 23-43; Ord. No. 27-1985 , § 1; Ord. No. 51-1987 , § 3; Ord. No. 18-1988 , § 2; Ord. No.
34-1988 , §§ 2, 3; Ord. No. 39-1993, § 3; Ord. No. 35-2011 , § 1; Ord. No. 29-2012 § 3)
Sec. 25.08.090.-Equivalent capacity units.
(a) All water service shall be rated by the Water Department in accordance with the following table:
(1) LONG-TERM RESIDENTIAL(Occupancy extending more than one(1) month):
ECU
I
1st full bath 0.36
2nd full bath 0.24
Each additional full bath 0.12
Each kitchen (full cooking facilities) 0.25
Each kitchenette(modest cooking facilities) 0.15
Each bedroom 0.10
(2) LODGING BEDROOMS(Occupancy per person extending less than one(1) month):
ECU
Each bedroom with no bath or cooking facilities, but with dormitory style bathrooms in hallways 0.45
Each bedroom with no bath, but with modest cooking facilities and dormitory style bedrooms in
0.60
hallways
Each bedroom with full bath but no cooking facilities 0.55
Each bedroom with full bath and wet bar(microwave and under the counter icebox) 0.65
Each bedroom with full bath and modest cooking facilities 0.70
i
(3) SHORT-OR MIXED-TERM RESIDENTIAL (Occupancy per person extending less than one (1)
month):
ECU
i
Each full bath 0.36
Each kitchen (full cooking facilities) 0.25
i
Each bedroom 0.30
I
(4) IRRIGATION:
Line Minimum ECU
Size Rating
Each bib hose in addition to sprinkler system (fixed piping/spray or drip
Any 0.05
emitters, i.e. hose bib w/irrigation)
i
i Hose bib only(i.e. hose bib for irrigation):
I"hose bib Any 0.20
2nd hose bib Any 0.10
3 d hose bib Any 0.05
Yard Hydrant 0.5/hydrant
Irrigation System-Spray 0.01/100 Sq. Ft.
Drip Irrigation System 0.001/Drip Emitter
(5) RESTAURANTS: Each seat: 0.07 ECU.
(6) NONPROFIT CAFETERIA (including school cafeterias): Each seat: 0.048 ECU 1st 25/0.024
ECU thereafter.
(7) OFFICE SPACE: Each one hundred (100) square feet: 0.02 ECU.
(8) RETAIL SPACE: Each one hundred (100) square feet: 0.01 ECU.
(9) COMMERCIAL RECREATIONAL FACILITIES: Each customer: 0.04 ECU.
(10) NONPROFIT RECREATIONAL FACILITIES (including school gyms): Each customer/pupil:
0.04 ECU.
(11) THEATERS, AUDITORIUMS, CONVENTION HALLS AND ASSEMBLY PLACES: Each ten
(10) seats: 0.080 ECU year-round/0.048 ECU summer.
(12) SCHOOL ROOMS (not including cafeteria, kitchens, gyms, auditoriums, and administrative
office space): Each pupil: 0.02 ECU per maximum capacity.
(13) WAREHOUSE OR INDUSTRIAL SPACE: Each one thousand (1,000) square feet: 0.12 ECU.
(14) GAS STATIONS: Each service or lubrication bay: 0.25 ECU.
(15) CAR WASHES: Each manual washing bay: 0.95 ECU/each automatic washing bay: 1.45
ECU.
(16) HOSPITALS, NURSING HOMES, SANITARIUMS, AND DETENTION CENTERS: Each bed:
0.50 ECU.
(b) The Water Department shall establish fixture or irrigated area maximums for all ECU ratings under
Subsection (a). For all fixtures or irrigated area in excess of said maximums, the Water Department
shall increase the ECU rating in accordance with the following table:
ECU
Toilet/urinal 0.05
i
Mop/laundry sink(per compartment) 0.05
i
Kitchen sink(per compartment) 0.05
Lavatory sink(per compartment) 0.02
Combo toilets(toilet/bidet,toilet/lav) 0.07
I
Bar sink(per compartment) 0.05
Garbage disposal 0.05
Household dishwasher 0.10
Commercial dishwasher(per%e"of supply line diameter) 0.10
Dishwasher drawer(single) 0.05
Steamer oven 0.05
Household clothes washer 0.10
I
Commercial clothes washer(per%8" of supply line diameter) 0.10
Commercial icemaker(per%" of supply line diameter) 0.05
Steam room 0.08
Water bottle fill station 0.05
Whole home humidifier 0.30
i
I
Coffee urn 0.05
i Tub/shower(combined or separate) 0.05
I
Bidet 0.05
Wet saunas 0.08
Humidifiers 0.05
Jacuzzi/spa (per 100 gal.of capacity) 0.02
Swimming pool (per 1,000 gal.of capacity): 0.02
Industrial process or wastewater(not served by sanitary sewer): Each 1,000 gal./day non-
consumptively used 1.50
Each 1,000 gal./day consumptively used 3.90
Fountains:
Non-continuous drinking 0.05
Continuous drinking 0.50
Non-recycling decorative 0.50
Recycling decorative 0.10
Water softener(per ECU):
Residential 0.02
Commercial 0.01
Fire protection sprinkler heads 0.00
(c) In the event that the water service cannot be adequately rated under the tables in Subsections (a)
and (b) or if there are unusual or special circumstances warranting a special ECU rating, the service
may be rated as determined by the Water Department at the customer's expense. The Water
Department may also adjust the ECU rating of any water service if the metered demand of such
service differs substantially from the ECU rating under Subsections(a) and (b).
(d) In no event shall the ECU rating be less than the following minimums:
Line Size Minimum ECU Rating
1.0
1" 2.0
i
1%" 3.0
1%2" 4.0
2" 8.0
I
4" 20.0
6" 30.0
8" 60.0
For line sizes larger than six(6) inches, the minimum ECU rating shall be determined by the Water
Department after consultation with the City Manager.
(e) The ECU rating per customer pursuant to Subsections (a), (b), (c) or (d) shall be applied in
calculating utility investment charges under Section 25.12.040 and in calculating monthly demand,
extraordinary water use, and fire protection charges under Sections 25.16.010 and 25.16.020.
(f) Commercial agricultural uses shall be limited to a maximum of one (1) ECU of potable water without
the prior express written consent of the City Manager.
(Code 1971, § 23-44; Ord. No. 27-1985, § 1; Ord. No. 36-1995 , § 1; Ord. No. 43-1996 , § 16; Ord.
No. 30-2012 § 4; Ord. No. 15-2019 , § 2, 6-24-2019; Ord.No. 24-2019 , § 1, 11-26-2019)
Chapter 25.12. - UTILITY CONNECTIONS
Sec. 25.12.010.-Connection to municipal utility system.
All buildings, structures, facilities, parks, or the like within the City limits which use water shall be
connected to the municipal treated water utility system. No person shall connect an independent water
supply onto the municipal water utility system. The City of Aspen shall be the sole provider of all treated
and untreated water service to the Subject Property for all purposes, including irrigation. Without Aspen's
prior written permission, there shall be no use on the Subject Property of raw or treated water from wells,
ditches, or other sources. The owner of the Subject Property will not develop, allow, or utilize an
independent treated or untreated water system, or any wells within or serving the Subject Property.
(Code 1971, § 23-55; Ord. No. 27-1985 , § 1; Ord. No. 30-2012 § 5; Ord.No. 24-2019 , § 1, 11-26-
2019)
Sec. 25.12.015.- Raw water supplies(non-potable).
This Section is applicable to all connections to the City of Aspen Water Utility potable water system.
Raw water supplies for irrigation systems shall be provided exclusively by the City of Aspen Water Utility.
The owner of the property proposed to be irrigated from City of Aspen water facilities shall dedicate the
city all raw water transmission facilities and all water rights appurtenant to the proposed property. For
those developments in which raw water irrigation can be used, development proposals shall include
provisions for recording of covenants and restrictions against the use of treated water outdoors and
against the use of untreated water other than in accordance with the landscaping, irrigation, and drainage
management plan provided for in a development proposal.
(Ord. No. 27-2017)
Sec. 25.12.020.-Application for utility service.
(a) Where both the utility service connection and all points of consumption are within the corporate
limits of the City, this shall be considered to be a utility service within the corporate limits of the City
and shall be made as provided in this Chapter and in accordance with the Aspen Area Community
Plan and City Council resolutions relating to water policies and operating procedures, as such exist
at the time of the request for connection.
(b) Every extension of water service where either the utility service connection or any point of
consumption is outside the corporate limits of the City shall be considered an extraterritorial tap and
shall be made only pursuant to agreement with the City, in accordance with the City water main
extension policy and consistent with the Aspen Area Community Plan and City Council resolutions
relating to water policy and operating procedures as such exist at the time of the request for
connection, and such extraterritorial service must be approved by City Council ordinance as required
by the Charter. The City shall not be obligated to extend water service outside the corporate limits of
the City and may grant water service only upon a determination that no conflict exists between the
best interests of the City, as expressed in the Aspen Area Community Plan and as otherwise
determined by the City Council and the prospective water use. The City may impose such contract,
water rights dedication, system development fees, and bond requirements as it deems necessary to
safeguard the best interests of the City. An individual extraterritorial connection (including a fire
hydrant) made to an existing City water main, pursuant to Water Department procedures for such
connections, is deemed to be an extraterritorial water connection approved by City Council without
the need for further City Council ordinance. If the City agrees to accept a payment in lieu of water
rights dedication, that fee will be six thousand seven hundred thirty-six dollars ($6,736.00)/ECU
commencing January 1, 2021.
(c) Any person who desires to connect to the municipal water utility system or who is already connected
to the municipal water utility system and intends to add or change a water demand factor or fixture
shall file an application for utility service provided in Subsections (e) and (f) of this Section and pay
all fees prior to obtaining a required building or plumbing permit. If no building or plumbing permit is
required, the application shall be made prior to making the connection or to adding or changing the
water demand factor or fixtures. All utility development review fees, utility investment charges,
system development fees, hook-up charges, water main extension costs, and water rights dedication
or fees in lieu of water rights dedication shall be due and payable when all city submittal fees are due
unless prior written approval is obtained from the Water Department for a different method of
payment.
(d) Persons seeking an alternate method of payment of the assessment fee(s), shall make written
application to the Water Department specifying the method of payment and all related forms. The
Water Department upon review of the application, shall either approve, disapprove, or modify the
proposal to satisfy Water Department needs.
(e) Applications for utility service shall be made in writing to the Water Department on such forms as
the Water Department may prescribe. Except as provided in Subsection (f) of this Section,
application must be made by the owner of the property to be served or his or her duly authorized
agent, designating the property, stating the purpose for which the water may be required and stating
the ECU rating associated with such purpose.
(f) Any person not an owner may apply to the Water Department for utility service to property which
said person occupies but does not own. The application shall state the location of the property, the
purpose for which water is required and the interest of the applicant in the property. The Director of
Utilities may, in the exercise of his or her discretion, accept the non-owner application for utility
service and may impose such conditions as it sees fit with regard to the account, including the
furnishing of a deposit.
(g) A utility connection application shall be required, utility investment charges shall be assessed and,
where appropriate, water rights dedication (or payment in lieu of water rights dedication) shall be
required for any new or expanded use of water, whether or not such new or expanded use requires a
new or enlarged utility service connection.
(Code 1971, § 23-56; Ord. No. 27-1985 , § 1; Ord. No. 8-1988 , § 1; Ord. 39-1993., § 4; Ord. No. 16-
1994 , §§ 1, 2; Ord. No. 30-2012 § 6; Ord.No. 24-2019 , § 1, 11-26-2019)
Sec. 25.12.025.-Utility development review fee.
(a) All projects on properties within the City of Aspen that require engineering development review or
that will add, change, or remove plumbing fixtures are subject to the utility development review prior
to issuance of a City building permit; All projects on properties outside City of Aspen limits that may
change or impact City water service are subject to the utility development review prior to submittal of
a Pitkin County building permit application.
(b) Applicable review fees and utility investment charges must be paid prior to issuance of a City of
Aspen building permit, and/or prior to submitting an application for a Pitkin County building permit.
(c) If submitting a building permit application to Pitkin County for a project that may change or impact
City water service, the following documents are required for the utility development review: (1) Utility
development review application; (2) relevant building plans, which may include architectural, civil,
and/or water efficient landscape sets; (3)City water service agreement; (4) ECU Calculator.
(d) The utility development review fee shall be as set forth in Subsection (e) of the Section.
(e) [Utility Development Fees.]
Utility Development Fees 2021 Rate
Projects with 0 to 200 Sq. Ft.of Affected
$250.00
Area
Projects with 201 to 5,000 Sq. Ft.of
A $1.50/sq.ft.
Affected Area
Projects of 5,001 to 15,000 Sq. Ft.of
Affected Area $1.50/sq.ft.for 1st 5,000 sq.ft.+$1.25/sq.ft.thereafter
Projects with more than 15,000 Sq. Ft. $1.50/sq.ft.for 1st 5,000 sq.ft.+$1.25/sq.ft.for next 10,000
of Affected Area sq.ft.+$1.15 sq.ft.thereafter
Project Type Applicability and Calculation
Fee calculated according to affected area.Affected area is
New Construction (including"scrape and calculated as square footage of the building footprint, plus
replace") the square footage of exterior disturbance.Calculation
instructions are set forth in Section (f), below.
I -
Interior or exterior work that triggers an Fee calculated according to utility affected area. Utility
engineering development review,or affected area is the total square footage of all rooms/work
includes adding, removing,or otherwise areas in which plumbing fixtures are affected, plus the
making changes to any plumbing fixtures on total square footage of any exterior disturbance.
the property Calculation instructions are set forth in Section (g), below.
Interior or exterior work that does not
trigger an engineering development review,
and does not include making any No Review or Fee Required.
addition(s),subtraction(s),or other
change(s)to plumbing fixtures
(f) Calculating affected area for new construction projects—Affected area shall be calculated as follows:
(1) Enter building footprint alteration. Building footprint alteration is defined as a level 2 alteration
of work area within the building.
(2) Enter new square footage. New square footage is the gross floor area being added to the
building or structure as part of the project.
(3) Enter building square footage. Building square footage is the building footprint alteration plus
the new square footage. Add the amounts calculated in Section (1) and Section (2) of this
Subsection (f)to determine building square footage.
(4) Enter square footage of the grade floor area of the project.
(5) Enter net building square footage. Net building square footage is equal to either the building
square footage or the grade floor square footage, whichever is smaller. Enter the smaller of the
two (2) numbers calculated in Section (3) or Section (4) of this Subsection (f) to determine net
building square footage.
(6) Enter the disturbance area. The disturbance area is the exterior area of the building where the
ground is disturbed. This includes soil grading, landscaping, removing impervious area, adding
impervious area, and replacing impervious areas, layback areas, construction access areas and
stockpile areas.
(7) Total Affected Area equals the net building square footage plus the disturbance area. To arrive
at total affected area, add the values calculated in Section (5) and Section (6) of Subsection (f)
of this Section.
(g) Calculating utility affected area for remodel/renovation/alteration projects—Utility affected area shall
be calculated as follows:
(1) Enter utility building footprint alteration. Utility building footprint alteration is defined as a level 2
alteration of work area within the building in which plumbing fixtures are affected. For example,
for an interior remodel, the utility building footprint alteration is measured by the total square
footage of each room in which plumbing fixtures are added, removed, or otherwise changed.
(2) Enter new square footage. New square footage is the gross floor area being added to the
building or structure as part of the project.
(3) Enter utility building square footage. Utility building square footage is the utility building footprint
alteration plus the new square footage. Add the amounts calculated in Section (1) and Section
(2)of this Subsection (g)to determine utility building square footage.
(4) Enter square footage of the grade floor area of the project.
(5) Enter net utility building square footage. Net utility building square footage is equal to either the
utility building square footage or the grade floor square footage, whichever is smaller. Enter the
smaller of the two (2) numbers calculated in Section (3) or Section (4) of this Subsection (g) to
determine net utility building square footage.
(6) Enter the disturbance area. The disturbance area is the exterior area of the building where the
ground is disturbed. This includes soil grading, landscaping, removing impervious area, adding
impervious area, and replacing impervious areas, layback areas, construction access areas and
stockpile areas.
(7) Total Utility Affected Area equals the net utility building square footage plus the disturbance
area. To arrive at total utility affected area, add the values calculated in Section (5) and Section
(6)of Subsection (g)of this Section.
(h) Definitions:
(1) Building footprint alteration square footage is the work area portions of an existing building
undergoing reconfiguration of space, the reconfiguration or extension of any system, or the
installation of any additional equipment.
(2) Utility building footprint alteration square footage is the total area of rooms within the building in
which any plumbing fixtures are affected. For example, for an interior remodel, the utility
building footprint alteration is measured by the square footage of each room in which plumbing
fixtures are added, removed, or otherwise changed.
(3) New square footage is measured within the inside perimeter of the exterior walls of the new
addition under consideration, without deduction for corridors, stairways, ramps, closets, the
thickness of interior walls, columns, or other features. New square footage includes the exterior
usable area under the horizontal project of the roof or floor above not surrounded by exterior
walls.
(4) Building square footage includes both the building footprint alteration square footage and the
new square footage.
(5) Utility building square footage includes both the utility building footprint alteration square
footage and the new square footage.
(6) Grade floor area is measured within the inside perimeter of the exterior walls of a building,
without deduction for corridors, stairways, ramps, closets, the thickness of interior walls,
columns, or other features. Grade floor area includes the exterior usable area under the
horizontal projection of the roof or floor above not surrounded by exterior walls.
(7) Net building square footage includes both the building footprint alteration square footage and
the new square footage; however, the total shall not exceed the area of the grade floor area of
the complete new building.
(8) Net utility building square footage includes both the utility building footprint alteration square
footage and the new square footage; however, the total shall not exceed the area of the grade
floor area of the complete new building.
(9) Disturbance area is defined by exterior area of the building where the ground is disturbed. This
includes, but is not limited to, soil grading, landscaping, removing impervious area, adding
impervious area, replacing impervious area, layback areas, construction access areas, and
stockpile areas.
(10) Affected area is the net building square footage plus the disturbance area, with the net
building square footage equaling the smaller of either the building footprint alteration plus the
new square footage or the grade floor square footage.
(11) Utility affected area is the net utility building square footage plus the disturbance area, with
the net utility building square footage equaling the smaller of either the utility building footprint
alteration plus the new square footage or the grade floor square footage.
(Ord. No. 38-2016 ; Ord. No. 28-2018 ; Ord.No. 24-2019 , § 1, 11-26-2019)
Sec. 25.12.030.-Utility connection permit.
(a) No utility connection permit shall be issued, except pursuant to this Section unless the utility
connection permit is issued and paid for pursuant to a phasing agreement, prepayment agreement or
other agreement with the City to the contrary.
(b) No utility connection applicant shall receive a utility connection permit for a new utility service prior
to the issuance of a building or plumbing permit for the structures or fixtures for which water service
is requested. The addition of any water demand factor or fixture or change of service of an existing
connection shall require a utility connection permit.
(c) It shall be unlawful for any person not authorized by this Chapter to make any connection to any
main of the water utility or for any unauthorized person to connect to the water utility or for any
person to add a water demand factor or fixture or to change service contrary to the provisions of this
Chapter.
(d) All utility connection permits as required by this Chapter shall be issued by the Water Department
and shall set forth all those requirements specified in Subsections 25.12.020(e) and (f). The Water
Department keep a duplicate or record of all utility connection permits issued.
(e) Any permit issued pursuant to this Section shall expire upon failure to make the authorized utility
connection by the time of expiration of the building or plumbing permit for the structures or fixtures
proposed to be serviced. In the event of expiration of a utility connection permit, the applicant, upon
request, shall be refunded any utility connection charges not expended by the City for the benefit of
the applicant. No interest on any unspent charges shall be paid
(Code 1971, § 23-57; Ord. No. 27-1985 , § 1; Ord. No. 30-2012 § 7)
Sec. 25.12.040. -Utility investment charges.
(a) The utility investment charge per each equivalent capacity unit (ECU) for each billing area shall be
as set forth in Subsection (d) of this Section.
(b) The total utility investment charge for a customer shall be the customer's ECU rating multiplied by
the charge in Subsection (d).
(c) Before any water is furnished, pursuant to a utility connection application and permit, Water
Department personnel shall inspect the property designated on the application and shall certify on
the application that the ECU rating on the application equals the ECU rating for the property as
developed. Prior to inspection, water may only be furnished to the property for construction purposes
upon proper payment therefor. If the ECU rating for the property as developed is less than the ECU
rating on the application, the applicant shall be entitled to a refund of any overpayment of the total
utility investment charge, but no refund shall be made of any utility hookup charge or of any water
main extension costs, water rights dedication fees, interest on any overpayment or other connection
costs because of a reduced ECU rating. If the ECU rating of the developed property is greater than
the ECU rating on the application and no larger or additional connections are made, no water shall
be furnished until the deficit in the total utility investment charge has been paid. If a larger or
additional connection is made, no water shall be furnished until the deficits in the total utility
investment charge, the utility hookup charge and all other applicable charges and fees, have been
paid. In every case, the Utility Connection Permit shall be amended as necessary to reflect the final
ECU rating for the property, and the connections.
(d) Utility investment charges (tap fees) are computed as follows:
(1) For the purpose of utility investment charge computation, the following fees shall be assessed
per ECU effective January 1, 2021:
Billing Area Charges per ECU
Billing Area 1 $9,334
Billing Area 2 $18,668
Billing Area 3 $18,668
i
Billing Area 4 $11,668
Billing Area 5 $16,335
I
Billing Area 6 $18,668
I
Billing Area 7 $14,001
Billing Area 8 Reserved
The total utility investment charge shall be the utility investment charge per ECU multiplied by the number
of ECU points for the utility connection applied for by the applicant.
(e) System development charges recommended by the Water Department may be authorized from time
to time by the City Council. System development charges are fees intended to provide for additional
water system development that is intended to enhance the reliability of City water service to all
customers, and may include, for example, well system development fees or plant investment fees.
Effective January 1, 2021 Well System Development fees that be calculated at a rate of one
thousand six hundred seventy-five dollars($1,675.000)/ECU.
(Code 1971, § 23-58; Ord. No. 27-1985. § 1 ; Ord. No. 54-1986. & 1 ; Ord. No. 34-1988. 4 6 ; Ord. No.
19-1990. § 3 ; Ord. No. 39-1993, 4 5 ; Ord. No. 30-2012§ 8 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , §
1, 11-26-2019)
Sec. 25.12.050.-City-County water trust.
Ord. No. 62-1993 4 1 repealed this Section.
(Code 1971, § 23-60; Ord. No. 27-1985 , § 1; Ord. No. 62-1993 , § 1)
Sec. 25.12.060.-Utility hookup charge.
(a) A utility hookup charge shall be paid to the City to recover the cost of labor and equipment required
to make a tap. Effective January 1, 2021 the utility hookup charge shall be as follows:
Line Size Charges
3/4" $1,000.00
1" $1,500.00
1.5" $1,750.00
2" $2,000.00
4" $2,500.00
6" $3,000.00 -
8" $3,500.00
(b) In addition to the costs listed above, the cost of the corporation stop, and other materials used in
making the tap shall be charged at the actual cost of materials plus a twenty-five percent (25%)
handling and stocking charge. The cost of the installation of the corporation stop shall also be
included. The water user shall furnish and pay for all other materials, labor and all expenses in and
about the making of all connections with the main, including all costs of the service lines and meter
installations, except for the specific costs included in the utility hookup charge in this Section.
(c) If warranted by unusual or special circumstances, the Water Department may impose special utility
hookup charges.
(Code 1971, § 23-58; Ord. No. 27-1985 , § 1; Ord. No. 54-1986 , § 1; Ord. No. 34-1988. § 6; Ord. No.
19-1990 , § 3; Ord. No. 39-1993 , § 5; Ord. No. 30-2012 § 9; Ord. No. 30-2018 ; Ord.No. 24-2019 , §
1, 11-26-2019)
Sec. 25.12.070.-Additional service;fixtures;credits.
(a) No additional service, change of fixtures or demand factors, or change in use of an existing utility
connection may be made without application and a utility connection permit issued therefor by the
Water Department pursuant to this Chapter. Utility connection permits may be subject to conditions
necessary to protect the best interests of the city water utility, including a requirement that a larger
tap be installed.
(b) Any additional service, change of fixtures or demand factors or changes in use shall be subject to
payment of a utility investment charge (tap fee) and applicable system development charge, based
upon the additional ECU rating associated with such additional service, change of fixtures or demand
factors or change in use.-In no event shall there be any refund or reimbursement under this Section
for a reduction in the ECU rating for any utility service. If a larger utility service connection is
required, the utility hookup charge shall be assessed as for a new utility service connection.
(c) In the calculation of the utility investment charge and applicable system development charge to be
paid by the owner of residential or commercial structures, which are to be substantially remodeled or
rebuilt, the utility investment charge and applicable system development charge shall be the charge
determined in accordance with Section 25.12.040 for the completed structure, minus the amount of
any utility investment charges and system development charges actually previously paid by the
landowner or the predecessor of the landowner for connection of water service to the existing
structure or structures on the property. Where structures are not substantially remodeled or rebuilt
but are merely renovated or less than substantially remodeled the utility investment charge and
system development charge shall be the charge determined in accordance with Section 25.12.040
for a new connection having an ECU rating equal to the difference between the new ECU rating of
the structure and the former ECU rating of the structure; provided, however, that new water
conserving devices are installed in the structure which meet the City standards for new water using
devices.
(1) "Substantial remodel" shall be defined as the increase by fifty percent(50%) in the water using
capacity of new water using devices or fixtures installed on a property, as measured by the ECU
rating of the existing and proposed structure(s).
(2) "Rebuilt' shall be defined as the removal and total reconstruction of a structure on a particular
piece of property.
(3) The calculation for the credit to be given for property on which the structures are substantially
remodeled or rebuilt shall take into account the amount actually paid for utility investment
charges (tap fees)and system development charges in the records as maintained by the City. If
no such records are maintained or it is impossible to determine the credit to be given, the credit
shall be as calculated by the Water Department, taking into account the following in addition to
other criteria deemed relevant:
a. Size of the water main servicing the area;
b. Size of the service line to the property;
c. Size of the meter installed;
d. Age and use of the building;
e. Date of original connection to the city water service;
f. History of fixture installations and upgrades;
g. Fees charged to similarly situated customers
h. Any verifiable and relevant records of the applicant;
L Consideration other than money (e.g., water system upgrades, easements, or water rights)
given to the City in exchange for the charge for utility connection or net benefit to the water
system; and,
j. Unamortized capital expended for improvements to the system since the date of connection
which has not been recovered by the water rates paid by the landowner.
(4) In the event the landowner disputes the amount of credit to be given, he or she shall request
and pay the costs of arbitration of the issue by the manager of the Aspen Consolidated
Sanitation District. The conclusion of the arbitrator shall be final if the land is located within the
incorporated limits of the City. The City, at its sole discretion, may decline to connect or
increase water service for customers outside of the City at the credit established by the
arbitrator.
(Code 1971, § 23-62; Ord. No. 27-1985, § 1; Ord. No. 19-1990 ; Ord. No. 30-2012 § 10)
Sec. 25.12.080.-Oversized tap;fire protection system.
(a) If a utility service connection larger than that determined in Section 25.12.060 above is desired, the
enlarged connection may be installed upon approval by the Water Department and upon payment of
the applicable utility investment charges, system development charges, and hook-up charges and
upon the issuance of a utility connection permit.
(b) In the event a larger size utility service connection is necessary for a private fire protection system,
the utility investment charge and system development charge shall be computed only upon the ECU
rating for the building exclusive of the fire protection system. Nothing herein shall, however, relieve
the water user from paying the full utility hookup charge, including cost of the tap, all pipes, valves,
valve boxes and meter.
(Code 1971, § 23-63; Ord. No. 27-1985 , § 1; Ord. No. 30-2012 § 11)
Cross reference—Fire Prevention and Protection, Title 11.
Sec. 25.12.090.-Requirements for service pipes; location of curb stops.
(a) All water service lines shall be laid at least seven (7) feet below the existing grade of the street or
ground.
(b) No service line shall be covered prior to inspection and approval by the Water Department.
(c) All service lines shall have a copper thaw wire of not less than number four (4) gauge installed
between the corporation stop and the point of entry to the building in such manner so as to provide
an electrical circuit through the service line.
(d) No connection inserted in or connected with the service line shall have an inside diameter of less
than three-quarters (%) of an inch and every tap shall be made of brass. The service line shall be of
heavy serviceable copper; provided that a substitute material may be permitted by the Water
Department, in its sole discretion, on written request. The service line shall extend from the main to
the outside line of the sidewalk at which point shall be placed a curb stop with cover and in case the
point of delivery is such that there is no sidewalk or if it be in an alley, then the curb stop shall be
placed just outside the lot line or at such point as the Water Department shall direct, so that the
same shall be accessible to the Water Department for the purpose of turning on or shutting off water
without entering on private premises.
(e) Water service line bypass piping around existing or future water meters shall be accepted on a
limited case-by-case basis and can only be implemented if a water customer has received prior
written approval from the Aspen Water department utility. Bypass piping materials and configuration,
if pre-approved, shall be installed in accordance with the latest edition of the City of Aspen Water
Department Distribution Standards.
(f) All inactive city water accounts with pretaps made twenty (20) or more years ago must abandon their
pretapped water service line and retap a new water service line prior to activation and acceptance of
property's Aspen water service.
(Code 1971, § 23-64; Ord. No. 27-1985 , § 1; Ord. No. 30-2012 § 12; Ord. No. 28-2018)
Sec. 25.12.100.-Single utility connections serving more than one building.
(a) In all cases where service lines have been constructed from a single utility connection to different
houses, buildings or premises and a separate curb stop accessible to the Water Department has
been placed on the line leading to each house, building or premises, so that water can be easily
turned on and shut off from the premises or any of them, the continued use of such extensions will
be permitted. A Shared Water Service Line Agreement will be executed and filed for these instances.
(b) No connection with the water utility or use of water shall be made through any extension of the
service line serving any other premises except as provided in this Section.
(c) Nothing herein shall be construed to relieve any water utility applicant from paying any charge
attributable to the new or increased water service.
(Code 1971, § 23-65; Ord. No. 27-1985 , § 1; Ord. No. 30-2012 § 13)
Sec. 25.12.110.-Barricades and safety measures for excavations.
All excavations in the street with regard to the water service shall be made in conformity to this Code
and other ordinances of the City and suitable barricades and guards shall be placed around such
excavation and shall be sufficient to protect all persons from injury and damage and sufficient warning
lights shall be kept illuminated near such excavations from twilight until sunrise in order to protect all
persons from injury or damage thereby. The person making such excavations shall be liable for all injuries
or damages resulting from his or her failure to comply with this Section.
(Code 1971, § 23-66; Ord. No. 27-1985 , § 1; ord. No. 30-2012 § 14)
Sec. 25.12.120.-Testing of completed connection.
When any utility connection for water service has been completed and the service is found to comply
with the provisions of this Chapter, the Water Department shall test the connection to determine that the
connection and service are in proper operating condition. No water shall be turned on to make this test by
anyone except the Water Department or a person acting under its order.
(Code 1971, § 23-67; Ord. No. 27-1985 , § 1; Ord. No. 30-2012 § 15)
Sec. 25.12.130. -Maintenance of service pipes and fixtures.
The owner of any premises for which a utility connection is made shall at all times keep all service
lines, fixtures and appliances from the point of connection at the corporation stop to and on his or her
premises tight and in good working order so as to prevent any waste of water. In case any line or fixture
shall be found to leak water or be damaged, the owner shall forthwith repair and correct the same and the
owner shall be responsible for thawing frozen pipes from the point of connection with the main at the
corporation stop to his or her premises. If after notice to the owner by the Water Department to repair
leaking or damaged service lines, fixtures or related infrastructure, such repair is not made, the Water
Department may have the service lines, fixtures or related infrastructure repaired or replaced. Any costs
incurred by the water utility in so doing shall become a lien upon the premises and be satisfied against
the same.
(Code 1971, § 23-68; Ord. No. 27-1985, § 1; Ord. No. 30-2012 § 16)
Sec. 25.12.140.- Notice to repair defective plumbing fixtures;discontinuance of service for failure to
comply.
(a) If, at any time, the Water Department shall ascertain that the plumbing fixtures or appliances on any
premises are so defective as to waste water, the Water Department shall notify the user of the water
or his or her agent, to repair the same and if the same are not repaired within forty-eight (48) hours
from the time of such notice being served upon the water user or the agent, the Water Department
may shut off the water from the premises and immediately notify the customer.
(b) It shall be unlawful for any person to fail or refuse to comply with the order provided in this Section.
(Code 1971, § 23-69; Ord. No. 27-1985 , § 1; Ord. 30-2012,§ 17)
Sec. 25.12.150.- Disconnections; maintenance of corporation stop,curb stop,curb box and meters.
(a) In case any owner of premises on which water is used shall cease to use water and desires to
disconnect his or her premises, he or she shall not be permitted to remove the curb stop, curb box or
meter and appurtenances, except with permission from the Water Department. Corporation stops are
the property of the water utility and shall only be removed or operated by the Water Department.
(b) The owner of property serviced shall be responsible for the repair and maintenance of the service
line, curb stop, curb box and meter and is further responsible for insuring that none of the above become
damaged or inaccessible by reason of landscaping, foliage or construction of improvements on the
premises. Note: Maximum allowable age of water meters installed within the Aspen Water Service Area
is 25 years. Water meters exceeding 25 years of age will be required for replacement by the Aspen water
department through a customer outreach process. New water meters and their install will be at the
expense of the property owner.
(c) In such event a meter, remote and/or Meter Transmitting Unit (MTU) is damaged or concealed or
otherwise made inaccessible, the Water Department shall direct that the water user be billed the
unmetered rate for his or her water service until such time as the meter, remote and/or MTU is again
made operable or accessible by the owner.
(Code 1971, § 23-70; Ord. No. 27-1985, § 1; Ord. No. 30-2102 § 18)
Sec. 25.12.160.-Waivers and exemptions from utility investment charges for certain employee housing
projects.
(a) Purpose. The purpose of this section is to identify those affordable housing projects that may be
eligible for exemption from, and waivers of, the utility investment charges and system development
charges when connecting to the City of Aspen's water system. There are three (3)types of affordable
housing projects that are eligible for exemptions or waivers: (i) projects that are determined to be
Qualified Affordable Employee Housing as defined herein; (ii)affordable housing projects that are
eligible to receive Affordable Housing Credits pursuant to Chapter 26.540 of the Municipal Code; and
(iii) projects that consist of a mix of affordable housing units subject to the Aspen/Pitkin County
Housing Authority Guidelines, as may be amended from time to time; and, unrestricted (free market)
units. To be eligible for an exemption or waiver pursuant to this section of the Municipal Code, a
project shall have installed in all units properly maintained and continuously operable water
conservation devices and practices as designated from time to time by the City Council by ordinance,
resolution, or by regulations issued by the City Manager or the Water Department.
(b) Definitions. As used in this Code, unless the context requires otherwise, the following terms shall
be defined as follows:
(1) Qualified Affordable Employee Housing shall be defined as publicly or privately constructed and
owned projects which:
a. Are not constructed for mitigation purposes or which receive any form of Affordable
Housing Credits such as those set forth at Chapter 26.540 of the Muni ipal Code; and
b. Are composed of one hundred percent(100%) employee housing units; and,
c. Are deed restricted to ensure that all units are subject to, and admi istered by,
Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time;
and,
d. Are maintained as qualified affordable housing.
(2) The Fee Waiver Schedule referred to in this section is the percent of the u tility investment charges
that may be waived based upon the category of the units within the affordable housing project. The
Fee Waiver Scheduled is set forth in Figure 1, below.
Housing Categories as referenced in the Aspen/Pitkin County Housing Authority Fee Waiver
Guidelines as may be amended from time to time. Level
Category 1 100%
Fee Wavier
Category 2 70% Fee
Waiver
Category 3
40% Fee
Waiver
Category 4 0% Fee
Waiver
Category 5 0% Fee
Waiver
Category 6 0% Fee
Waiver
Category 7 0% Fee
Waiver
Resident Occupied 0% Fee
Waiver
Free Market Units 0% Fee
Waiver
Figure 1.
(3)Affordable and Free Market Mix shall be defined as a project that:
a. consist of a mix of both deed restricted housing to ensure that all units are subject to the
Aspen/Pitkin County Housing Authority Guidelines, as may be amended from time to time and
unrestricted housing (free market) units; and,
b. were not constructed for mitigation purposes.
(c)Qualified Affordable Employee housing shall be exempt from all utility investment charges and
system development charges when connection is made to the City of Aspen's water system.
(d)Affordable Housing Credits Program. Projects that receive Affordable Housing Credits pursuant to
Chapter 26.540 of the Municipal Code are eligible for a waiver of the percentage of the total utility
investment charge and system development charge as set forth in the Fee Waiver Schedule. If a
project has a mix of categories, the waiver shall be determined on a unit by unit basis pursuant to the
Fee Waiver Schedule.
(e)Affordable and Free Market Mix. Projects that are determined to be Affordable and Free Market
Mix of units, and where no mitigation is required for the free market units, are eligible for a waiver of
the percentage of the total utility investment charge and system development charge as set forth in
the Fee Waiver Schedule for the affordable housing units. If a project has a mix of categories, the
waiver shall be determined on a unit by unit basis pursuant to the Fee Waiver Schedule.
(f) Revocation of Exemptions and Waivers. In the event that Qualified Employee Housing units,
projects receiving Affordable Housing Credits, or projects that are considered Affordable and Free
Market Mix projects, receive an exemption or a waiver in accordance with this section, and thereafter
fail to continue being affordable housing units as contemplated herein; or, the water conservation
devices and practices are not installed as required, are not properly maintained or continuously
operable, the developer of such units and the owners thereof shall be jointly and severally liable to
reimburse the City for the cost of the utility investment charges and system development charges
exempted by this Section. The City Manager shall establish a method of accomplishing this payment
so as not to be unduly burdensome on the developer or owners.
(g) Subsequent Project Changes. Utility connection charge and system development charge waivers
for affordable housing credit projects and affordable and free market mixed projects are a one-time
occurrence at the time of project completion. Additions, remodels, and, or changes that occur after
original project completion will not receive a utility connection charge or system development charge
waiver, however a credit for the ECU's assigned to the specific employee housing unit will be allowed
against additional fees due to these improvements.
( Ord. No. 8-1995. § 1 ; Ord. No. 36-1995 , § 2; Ord. No. 13-2011 ; Ord. No. 30-2012 § 19; Ord. No.
24-2019 , § 1, 11-26-2019)
Chapter 25.16.-WATER RATES AND CHARGES
Sec. 25.16.010.-Monthly rates for metered water service.
All metered water accounts except temporary construction, grandfathered-in, and pre-tap customer
accounts shall pay on a monthly basis the sum of charges one(1)through four(4) that follow:
(a) Effective in the January 2021 monthly billing, all metered accounts shall pay a monthly demand
charge per ECU as follows:
Billing Area Billing Factor(Included) Per ECU Rate
1 1.00 $6.14
2 2.00 $12.28
3 2.00 $12.28
1 4 1.25 $7.68
i
5 1.75 $10.75
6 2.00 $12.28
7 1.50 $9.21
(b) Effective in the January 2021 monthly billing, all metered accounts shall pay a monthly variable
charge per ECU as follows:
Usage Per 1,000 Additional Per 1,000 Additional Per 1,000 Remaining Per 1,000
Per ECU Gallons Usage Per Gallons Usage Per Gallons Usage Per Gallons
j Up To Rate ECU Up To Rate ECU Up To Rate ECU Over Rate
i
4,000 $3.12 12,000 $4.01 16,000 $5.74 16,000 $8.61
i
(c) Effective in the January 2021 monthly billing, all metered accounts within service area pumped
zones shall pay a monthly pumping charge per one thousand (1,000)gallons as follows:
#of Pumps Rate Per 1,000 Gallons Pumped
1 $2.60
2 $5.20
3 $7.80
(d) Effective in the January 2021 monthly billing, all metered accounts shall pay a monthly fire
protection charge per ECU as follows:
Billing Area Billing Factor(Included) Per ECU Rate
1 1.00 $3.57
2 2.00 $7.14
3 2.00 $7.14
4 1.25 $4.46
5 1.75 $6.25
6 2.00 $7.14
7 1.50 $5.36
(Code 1971, § 23-101; Ord. No. 27-1985. § 1 ; Ord. No. 48-1986. § 1[A]: Ord. No. 51-1987. § 1 ; Ord.
No. 18-1988. & 1: Ord. No. 34-1988. § 1 ; Ord. No. 19-1990. §2 ; Ord. No. 39-1993. §6: Ord. No. 45-
1999. § 16 ; Ord. No. 41-2004. §2 [part 1: Ord. No. 7-2006. &2 ; Ord. No. 35-2011. §2 ; Ord. No. 30-
2012 4 20 ; Ord. No 38-2014. & 1 ; Ord. No 45-2015 § 1 , Ord. No. 38-2016 ; Ord. No. 27-2017 ; Ord. No.
28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019)
Sec.25.16.011.-Bulk rates for metered water service.
(a) Effective in the January 2021 monthly billing, the bulk water sales rate and two-tier structure for
Buttermilk Metro District will be:
Monthly Block
Rate Per 1,000
Tiers in Per
Gallons
1,000 Gallons
First 2,940 gallons $4.84
Over 2,940 gallons $11.35
(b) Effective January 1, 2019, the demand charge per fill up for the filler hydrant bulk water sales
pursuant to Subsection 25.08.020(e)shall be twenty dollars($25.00) per use.
(c) Effective January 1, 2019, the variable charge for filler hydrant raw water bulk water sales pursuant
to Subsection 25.08.020(e) shall be$15.00 per 1,000 gallons.
( Ord. No. 45-2015 , Ord. No. 38-2016 ;
https:Hrecords.City0faspen.com/WebLink/O/doc/1412784/Pagel.aspx"web="yes">Ord. No. 28-2018 ;
Ord.No. 24-2019 , § 1, 11-26-2019)
Sec. 25.16.012.- Raw water rates for general raw water accounts.
(a) The raw water rates for non-pressurized raw water irrigation accounts for unmetered service on a
per thousand (1,000) irrigated square foot basis to be billed prospectively on an annual basis at the
start of each irrigation season are as follows:
(b) Effective January 1, 2021 the non-pressurized raw water rate per irrigation season is as follows:
Non-Pressurized Raw Water 2021 Rate
Per 1,000 Sq. Ft. $34.70
(c) Carriage rates for raw water (refer to "Definitions" section), shall be the same as set forward in
Paragraph (d) below except where a valid contract for conveyance of the customer's own water
rights provides for a different rate.
(d) It shall be unlawful for any person to pump or convey water from the raw water ditches without a
valid raw water license agreement. Any persons doing so will be subject to a penalty of five hundred
dollars ($500.00) for the first offense, one thousand dollars ($1,000.00) for the second offense and
one thousand five hundred dollars($1,500.00)for each additional offense.
( Ord. No. 41-2004, & 5 ; Ord. No. 35-2011, 4 3 ; Ord. No. 30-2012 §23 ; Ord. No. 45-2015 , Ord. No.
38-2016 ; Ord. No. 27-2017 ; Ord. No. 28-2018 ; Ord.No. 24-2019 , § 1, 11-26-2019)
Sec. 25.16.013.-Raw water rates for Thomas Raw Water and other pressurized non-potable line
accounts.
(a) Raw water rates for accounts using the Thomas Raw Water line or any other pressurized, non-
potable water line accounts (including reclaimed water) shall be set in accordance with methods
established for cost recover recommendations by the American Water Works Association.
(b) Where specific rates are established by a valid contract for raw water service and such rates result
in a lower cost of service than that provided in Subsection 25.16.012(a), the contractual rate will
prevail.
(c) All water use from the system requires the installation of an operable water meter. Such uses in
place prior to 2009 shall install an operable water meter no later than January 20, 2009.
(d) Provisions for billing are as follows:
All pressurized raw water accounts shall have a working meter at the beginning of each irrigation
season, no later than April 15th.
(1) Effective January 1, 2021 metered rates for pressurized raw water accounts for seasonal
delivery of non-potable water is as follows:
Metered Pressurized Raw Water-Billing to Occur Monthly-May through October 2021 Rate
Per 1,000 Gallons. $4.02
(2) If the raw water meter required in paragraph (c) above ceases to function properly during the
irrigation season, a seasonal bulk water delivery rate has been established as the basis for
billing the non-potable pressurized water delivery. Effective January 1, 2021 the unmetered,
pressurized raw water rate for seasonal delivery of non-potable water is as follows:
Unmetered Pressurized Raw Water-Billing to Occur Monthly- 2021 Rate
May through October
Seasonal Rate Per 1,000 Sq. Ft. $141.67
Monthly Rate Per 1,000 Sq. Ft.- Based on 6-Month Irrigation Season $23.61
(e) Carriage rates for raw water, (see "Definitions" section), shall be the same as those in Paragraph
(d)(1)except where a valid contract provides for alternate method and procedures for billing.
(f) It shall be unlawful for any person to pump or convey water from the raw water ditches without a
valid raw water license agreement. Any persons doing so will be subject to a penalty of five hundred
dollars ($500.00) for the first offense, one thousand dollars ($1,000.00) for the second offense and
one thousand five hundred dollars($1,500.00)for each additional offense.
( Ord. No. 41-2004. § 5 ; Ord. No. 30-2012 §23 ; Ord. No. 38-2014§ 3 ; Ord. No. 45-2015 ; Ord. No. 27-
2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019, § 1, 11-26-2019)
Sec.25.16.014.-Monthly rates for temporary construction water service.
All temporary construction water accounts shall pay monthly the sum of charges one(1) and two (2).
(a) Effective in the January 2021 month billing, all temporary construction accounts shall pay a
monthly demand charge per ECU as follows:
Billing Area Billing Factor(Included) Per ECU Rate
1 1.00 $6.14
2 2.00 $12.28
3 2.00 $12.28
4 1.25 $7.68
5 1.75 $10.75
6 2.00 $12.28
7 1.50 $9.21
(b) Effective in the January 2021 monthly billing, all temporary construction accounts shall pay a
monthly fire protection charge per ECU as follows:
Billing Area Billing Factor(Included) Per ECU Rate
1 1.00 $3.57
2 2.00 $7.14
i
i
3 2.00 $7.14
4 1.25 $4.46
5 1.75 $6.25
6 2.00 $7.14
7 1.50 $5.36
( Ord. No. 35-2011 §4 ; Ord. No. 30-2012 4 24 ; Ord. No. 38-2014 4 4 ; Ord. No. 45-2015 ; Ord. No. 27-
2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019)
Sec. 25.16.015.- Monthly rates for grandfathered-in water service
All grandfathered-in water accounts shall pay monthly the sum of charges one(1) and two(2).
(a) Effective in the January 2021 monthly billing, all grandfathered-in accounts shall pay a monthly
demand charge per ECU as follows:
Billing Area Billing Factor(Included) Per ECU Rate
1 1.00 $6.14
2 2.00 $12.28
3 2.00 $12.28
4 1.25 $7.68
5 1.75 $10.75
6 2.00 $12.28
7 1.50 $9.21
(b) Effective in the January 2021 monthly billing, all grandfathered-in accounts shall pay a monthly
fire protection charge per ECU as follows:
Billing Area Billing Factor(Included) Per ECU Rate
1 1.00 $3.57
2 2.00 $7.14
3 2.00 $7.14
4 1.25 $4.46
5 1.75 $6.25
6 2.00 $7.14
7 1.50 $5.36
( Ord. No. 35-2011 § 5 ; Ord. No. 30-2012 §26 ; Ord. No. 38-2014§ 5 ; Ord. No. 45-2015 , Ord. No. 38-
2016 ; Ord. No. 27-2017 : Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019)
Sec. 25.16.016.- Monthly rates for pre-tap water service.
All pre-tap water accounts shall pay the sum of charges one(1) and two(2).
(a) Effective in the January 2021 monthly billing, all pre-tap accounts shall pay a monthly demand
charge per ECU as follows:
Billing Area Billing Factor(Included) Per ECU Rate
1 1.00 $6.14
2 2.00 $12.28
3 2.00 $12.28
r
4 1.25 $7.68
5 1.75 $10.75
6 2.00 $12.28
7 1.50 $9.21
(b) Effective in the January 2021 monthly billing, all pre-tap accounts shall pay a monthly fire
protection charge per ECU as follows:
Billing Area Billing Factor(included) Per ECU Rate
1 1.00 $3.57
2 2.00 $7.14
i
3 2.00 $7.14
� 4 1.25 $4.46
I
5 1.75 $6.25
I
6 2.00 $7.14
7 1.50 $5.36
(Ord. No. 35-20114 6 ; Ord. No. 30-2012 -�26 ; Ord. No. 38-2014§ 6 ; Ord. No. 45-2015 , Ord. No. 38-
2016 ; Ord. no. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019)
Sec. 25.16.020.- Monthly rates for unmetered water service.
All unmetered water accounts shall pay the sum of charges one (1)and two (2).
(a) Effective in the January 2021 monthly billing, all unmetered water service accounts shall pay a
monthly demand charge per ECU as follows:
Billing Area Billing Factor(Included) Per ECU Rate
1 1.00 $109.48
2 2.00 $218.97
3 2.00 $218.97
4 1.25 $136.86
5 1.75 $191.60
6 2.00 $218.97
7 1.50 $164.23
(b) Effective in the January 2021 monthly billing, all unmetered water service accounts shall pay a
monthly fire protection charge per ECU as follows:
Billing Area Billing Factor(Included) Per ECU Rate
1 1.00 $3.57
2 2.00 $7.14
3 2.00 $7.14
4 1.25 $4.46
5 1.75 $6.25
6 2.00 $7.14
i
7 1.50 $5.36
( Ord. No. 35-2011. §6 ; Ord. No. 30-2012 §27 ; Ord. No. 38-2014. § 7 ; Ord. No. 45-2015 , Ord. No.
38-2016 ; Ord. No. 27-2017 ; Ord. No. 28-2018 ; Ord. No. 24-2019 , § 1, 11-26-2019)
Sec. 25.16.021-Senior Water Rates.
(a) Any qualified senior citizen who so applies shall be entitled to an adjustment in the individual water
rates set forth in Sections 25.16.010 and 25.16.020.
(b) Qualified senior citizen shall be defined by the Pitkin County Social Services Department in
consultation with the Pitkin County Senior Services Council.
(c) The Utilities Director shall first coordinate with Pitkin County Social Services Department and the
Pitkin County Senior Services Council as necessary to ensure that qualified senior citizens are made
aware of their eligibility for this program and application procedure is conducive to their participation.
(d) A metered residence owned or leased by qualified seniors shall pay on a monthly basis the sum of
charges one(1)through four(4)that follow:
(1) Effective in the January 2021 monthly billing, all senior metered accounts shall pay a monthly
demand charge per ECU as follows:
Percentage of
Billing Area Billing Factor(Included) Regular Metered Per ECU Rate
Demand
1 1.00 90% $5.53
2 2.00 90% $11.05
3 2.00 90% $11.05
4 1.25 90% $6.91
I
5 1.75 90% $9.67
6 2.00 90% $11.05
7 1.50 90% $8.29
(2) Effective in the January 2021 monthly billing, all senior metered accounts shall pay a monthly
variable charge per ECU as follows:
Usage Per 1,000 Additional Per 1,000 Additional Per 1,000 Remaining Per 1,000
Per ECU Gallons Usage Per Gallons Usage Per Gallons Usage Per Gallons
Up To Rate ECU Up To Rate ECU Up To Rate ECU Over Rate
4,000 $3.12 12,000—j $4.01 1 16,000 1 $5.74 1 16,000 $8.61
(3) Effective in the January 2021 monthly billing, all senior metered accounts within service area
pumped zones shall pay a monthly pumping charge per 1,000 gallons as follows:
#of Pumps Rate Per 1,000 Gallons Pumped
1 $2.60
2 $5.20
3 $7.80
(4) Effective in the January 2021 monthly billing, all senior metered accounts shall pay a monthly
fire protection charge per ECU as follows:
Percentage of
Billing Area Billing Factor(Included) Regular Metered Per ECU Rate
Demand
1 1.00 90% $3.21
2 2.00 90% $6.43
3 2.00 90% $6.43
4 1.25 90% $4.02
5 1.75 90% $5.62
6 2.00 90% $6.43
7 1.50 90% $4.82
(c) An unmetered residence owned or leased by qualified senior citizens shall pay on a monthly basis
the sum of charges one (1)through two(2)that follow:
(1) Effective in the January 2021 monthly billing, all senior unmetered accounts shall pay a
monthly demand charge per ECU as follows:
Billing Factor Percentage of
Billing Area (Included) Regular Metered Per ECU Rate
Demand
1 1.00 30% $32.85
2 2.00 30% $65.69
3 2.00 30% $65.69
i
i
4 1.25 30% $41.06
5 1.75 30% $57.48
6 2.00 30% $65.69
7 1.50 30% $49.27
(2) Effective in the January 2021 monthly billing, all senior unmetered accounts shall pay a
monthly fire protection charge per ECU as follows:
Percentage of
Billing Factor
Billing Area (Included) Regular Metered Per ECU Rate
Demand
i
i
1 1.00 30% $1.07
2 2.00 30% $2.14
3 2.00 30% $2.14
4 1.25 30% $1.34
5 1.75 30% $1.87
6 2.00 30% $2.14
1
7 1.50 30% $1.61
(Code 1971, § 23-102; Ord. No. 27-1985. § 1 ; Ord. No. 48-1986. 1(A) (B); Ord. No. 51-1987. §2 ;
Ord. No. 1-1988 ; Ord. No. 8-1990. §2 ; Ord. 39-1993. §7 ; Ord. No. 35-2011. & 8 ; Ord. No. 30-2012.
28 ; Ord. No. 38-2014, S 8 ; Ord. No.45-2015 ; Ord. No. 38-2016 ; Ord. No. 27-2017 ; Ord. No. 28-2018 ;
Ord. No. 24-2019 , § 1, 11-26-2019)
Sec. 25.16.022.- Late payment charge.
Payments for water service, utility investment charges, system development charges, hook-up fees;
and utilities review fees shall be due thirty (30) days after billed date. Any amount due, but not received
by the City by the due date, shall be subject to a past due monthly interest charge of one and one-half
percent(1%%)of the total amount due; subject, however, to a minimum charge of three dollars($3.00).
Balances of less than five dollars($5.00)shall not be subject to this charge.
(Ord. 36-1996. §§ 2. 3 ; Ord. No. 45-1999. § 16 (part): Ord. No. 30-2012 .4 29 . Ord. No. 38-2016 .)
Sec. 25.16.030.- Meter regulations; mandatory metering.
(a) Except as expressly provided in this Chapter, all water service shall be metered.
(b) The installation of all meters shall conform to specifications of the Water Department.
(c) The Water Department may, in its sole discretion, install a meter on any connection which has not
been converted to metered service by June 1, 1985 and shall charge the customer all costs of such
installation. The Water Department may also, in its sole discretion, disconnect any water service
which has not been converted to metered service by June 1, 1985 and may not reconnect such
service until it is metered. The customer shall pay all costs of any such connection and reconnection
including any utility investment charges, system development fees and hook-up charges which may
be due.
(Code 1971, § 23-104; Ord. No. 27-1985 , § 1; Ord. No. 30-2012 § 30)
Sec. 25.16.035.-Backflow prevention and cross-connection control.
(a) The purpose of this backflow prevention and cross-connection control program is to protect the
City's water system from contaminants or pollutants that could enter the distribution system by
backflow from a customer's water supply system through the service connection. As a supplier of
public drinking water, the City of Aspen has the authority to survey all service connections within the
City's water distribution system to determine whether any connection is a cross-connection; to
control all service connections within the distribution system that are cross-connections; to charge a
fee for the administration of the cross-connection control program; to maintain records of surveys
and the installation, testing and repair of all backflow prevention assemblies permitted or required
under this program; and to administer, implement and enforce the provisions of this cross-connection
control program.
(b) The provisions of this Section apply to all commercial, industrial, multi-family, and single-family
residential service connections with the City's potable water system.
(c) Definitions:
Active Date means the first day that a backflow prevention assembly or backflow prevention method
is used to control a cross-connection in each calendar year.
Air Gap is a physical separation between the free-flowing discharge end of a potable water supply
pipeline and an open or non-pressure receiving vessel installed in accordance with standard AMSE
Al 12.1.2.
Backflow means the undesirable reversal of flow of water or mixtures of water and other liquids,
gases, or other substances into the public water systems distribution system from any source or sources
other than its intended source.
Backflow Contamination Event means backflow into a public water system from an uncontrolled
cross connection such that the water quality no longer meets the Colorado Primary Drinking Water
Regulations or presents an immediate health and/or safety risk to the public.
Backflow Prevention Assembly means any mechanical assembly installed at a water service line or
at a plumbing fixture to prevent a backflow contamination event, provided that the mechanical assembly
is appropriate for the identified contaminant or pollutant at the cross connection and is an in-line field-
testable assembly.
Backflow Prevention Method means any method and/or non-testable device installed at a water
service line or at a plumbing fixture to prevent a backflow contamination event, provided that the method
or non-testable device is appropriate for the identified contaminant or pollutant at the cross connection.
Certified Cross-Connection Control Technician means a person who possesses a valid Backflow
Prevention Assembly Tester certification from one of the following approved organizations: American
Society of Sanitary Engineering (ASSE)or the American Backflow Prevention Association (ABPA). If a
certification has expired, the certification is invalid.
Containment means the installation of a backflow prevention assembly or a backflow prevention
method at any connection to the City's water system that supplies an auxiliary water system, location,
facility, or area such that backflow from a cross connection into the City's water system is prevented.
Containment by Isolation means the installation of backflow prevention assemblies or backflow
prevention methods at all cross connections identified within a customer's water system such that
backflow from a cross connection into the City's water system is prevented.
Controlled means having an appropriate and properly installed, maintained, and tested or inspected
backflow prevention assembly or backflow prevention method that prevents backflow through a cross
connection.
Cross Connection means any connection that could allow any water, fluid, or gas such that the water
quality could present an unacceptable health and/or safety risk to the public, to flow from any pipe,
plumbing fixture, or a customer's water system into a public water system's distribution system or any
other part of the public water system through backflow
Multi-Family means a single residential connection to the City water system's distribution system
from which two(2) or more separate dwelling units are supplied water.
Service Connection means any connection of a water supply or premises plumbing system to the
City of Aspen's water distribution or system.
Single-family means:
(1) A single dwelling which is occupied by a single family and is supplied by a separate service
line; or
(2) A single dwelling comprised of multiple living units where each living unit is supplied by a
separate service line.
Uncontrolled means not having an appropriate and/or properly installed and maintained and tested
or inspected backflow prevention assembly or backflow prevention method, or the backflow prevention
assembly or backflow prevention method does not prevent backflow through a cross connection.
Water Supply System means a water distribution system, piping, connection fittings, valves and
appurtenances within a building, structure, or premises. Water supply systems are also referred to
commonly as premises plumbing systems.
(d) Requirements:
(1) Commercial, industrial, multi-family, and single-family service connections shall be subject to a
survey for cross connections. If a cross connection has been identified, an appropriate backflow
prevention assembly and or method shall be installed at the customer's water service
connection within ninety (90) days of its discovery. The assembly shall be installed downstream
of the water meter or as close to that location as deemed practical by the public water system. If
the assembly or method cannot be installed within ninety (90) days, the Utilities Department
shall take action to control or remove the cross connection, suspend service to the cross
connection, and/or receive an alternative compliance schedule from the Colorado Department
of Public Health and Environment.
(2) In no case shall it be permissible to have connections or tees between the meter and the
containment backflow prevention assembly, unless such connections or tees are adequately
controlled to achieve containment by isolation.
a. In instances in which an appropriate backflow preventer cannot be installed to achieve
containment, the property owner must install approved backflow prevention devices or
methods at all cross-connections within the premises plumbing system to achieve
containment by isolation.
(3) Backflow prevention assemblies and methods shall be installed in a location which provides
access for maintenance, testing, and repair, and in accordance with the guidelines and
requirements set forth in the Plumbing Code currently observed by the City of Aspen.
(4) Reduced pressure principle backflow preventers shall not be installed in a manner or location
that is subject to flooding.
(5) Provisions shall be made to provide adequate drainage from the discharge of water from
reduced pressure principle backflow prevention assemblies. Such discharge shall be conveyed
in a manner which does not impact waters of the state.
(6) All assemblies and methods shall be protected to prevent freezing. Those assemblies and
methods used for seasonal services may be removed upon cessation of those seasonal
services in lieu of being protected from freezing. Any and all assemblies and methods that are
removed from seasonal points of service in lieu of being protected from freezing must be
reinstalled and tested by a certified cross connection control technician prior to recommencing
seasonal service.
(7) Where a backflow prevention assembly or method is installed on a water supply system using
storage water heating equipment such that thermal expansion causes an increase in pressure,
an approved, listed, and adequately sized expansion tank or other approved device having a
similar function to control thermal expansion shall be installed.
(8) All backflow prevention assemblies shall be inspected and tested at the time of installation and
inspected and tested at least once annually thereafter. Such tests must be conducted by a
Certified Cross-Connection Control Technician.
(9) The City Utilities Department shall require inspection, testing, maintenance and as needed
repairs and replacement of all backflow prevention assemblies and methods, and of all required
installations within a customer's premises plumbing system in the cases where containment
assemblies and or methods cannot be installed.
(10) All costs for design, installation, maintenance, testing and as needed repair and replacement
are to be borne by the customer.
(11) No grandfather clauses exist except for fire sprinkler systems in which the installation of a
backflow prevention assembly or method will compromise the integrity of the fire sprinkler
system.
(12) All building plans for new buildings must be submitted to the City of Aspen Water and
Engineering Departments for review and must be approved by both Departments prior to the
provision of water service. Building plans must show:
a. Water service type, service line size, and location;
b. Water meter size and location;
c. Backflow prevention assembly size, type, and location;
d. Fire sprinkler system type, line size, location, and type of backflow prevention assembly.
(13) All fire sprinkler lines shall have a minimum protection of an approved double check valve
assembly for containment of the system.
(14) All glycol (ethylene or propylene), or antifreeze systems shall have an approved reduced
pressure principle backflow preventer for containment.
(15) Dry fire systems shall have an approved double check valve assembly installed upstream of
the air pressure valve.
(16) In cases wherein the installation of a backflow prevention assembly or method will
compromise the integrity of the fire sprinkler system, the City Utilities Department can choose to
not require the backflow protection. In such cases, the City Utilities Department will measure
chlorine residual at a location representative of the service connection once a month and
perform periodic bacteriological testing at the site. If the City Utilities Department suspects water
quality issues, the Department will evaluate the practicability of requiring that the fire sprinkler
system be flushed periodically and require such flushing where practicable.
(e) Backflow prevention assemblies or methods shall be tested by a Certified Cross-Connection Control
Technician upon installation and tested at least once annually thereafter. The tests shall be
conducted at the expense of the customer.
(1) Any backflow prevention assemblies or methods that are non-testable shall be inspected at
least once annually by a certified cross-connection control technician and replaced at least
every five (5) years by a master plumber. The inspections and replacements shall be made at
the expense of the customer.
(2) As necessary, backflow prevention assemblies or methods shall be repaired and retested or
replaced and tested at the expense of the customer whenever the assemblies or methods are
found to be defective.
(3) Testing gauges shall be tested and calibrated for accuracy at least once annually.
(f) Reporting and Recordkeeping:
(1) Copies of records of test reports, repairs and retests, or replacements shall be kept by the
customer for a minimum of three(3)years.
(2) Copies of records of test reports, repairs and retests shall be submitted to the Utilities
Department by mail, e-mail, or hand-delivery by the testing company or testing technician.
(3) Information on test reports shall include, but may not be limited to,
a. Assembly or method type
b. Assembly or method location
c. Assembly make, model and serial number
d. Assembly size
e. Test date; and
f. Test results including all results that would justify a pass or fail outcome
g. Certified cross-connection control technician certification agency
h. Technician's certification number
i. Technician's certification expiration date
j. Test kit manufacturer, model, and serial number
k. Test kit calibration date
(4) The Utilities Department must notify the Colorado Department of Public Health and
Environment's Water Quality Control Division (CDPHE) of any suspected or confirmed backflow
contamination event and consult with the CDPHE on any appropriate corrective measures no
later than twenty-four(24) hours after learning of the backflow contamination event. The Utilities
Department shall notify the CDPHE within forty-eight (48) hours after it becomes aware of any
backflow prevention and cross-connection control violation or any backflow prevention and
cross-connection control treatment technique violation. The CDPHE shall distribute public notice
of violations as specified in and required by Colorado Primary Drinking Water Regulation 11.
(g) A properly credentialed representative of the City Utilities Department shall have the right-of-entry to
survey any and all buildings and premises for the presence of cross-connections and/or possible
contamination risks or hazards, and for determining compliance with this Section. This right-of-entry
shall be a condition of water service from the City in order to protect the health, safety, and welfare of
customers throughout the City's water distribution system.
(h) Compliance:
(1) Customers shall cooperate with the installation, inspection, testing, maintenance, and as
needed repair and replacement of backflow prevention assemblies and with the survey process.
For any identified uncontrolled cross-connections, the Utilities Department shall complete one of
the following actions within ninety (90)days of its discovery:
a. Control the cross connection
b. Remove the cross connection
c. Suspend service to the cross connection
(2) The Utilities Department shall give notice of violation in writing to any owner whose plumbing
system has been found to present a risk to the City's water distribution system through any
uncontrolled cross connection(s). The notice shall state that the owner must install a backflow
prevention assembly or method at each service connection to the owner's premises to achieve
containment, or that the owner must install a backflow prevention assembly on each cross-
connection hazard on the premises plumbing system to achieve containment by isolation. The
notice of violation will give a date by which the owner must comply.
a. In instances in which a backflow prevention assembly or method cannot be installed to
achieve containment, the owner must install approved backflow prevention assemblies or
methods at all cross-connections within the owner's water supply system to achieve
containment by isolation. The notice of violation will give a date by which the owner must
comply.
(3) On or before May 1, 2017, and on or before May 1 of each year thereafter, the Utilities
Department shall develop and submit to the Colorado Department of Public Health and
Environment its written backflow prevention and cross-connection control annual report for the
prior calendar year, as required by Colorado Primary Drinking Water Regulation 11.
(i) Violations and Penalties:
(1) It shall be unlawful for any City water customer to operate the customer's premises plumbing
system or water supply system contrary to or in violation of any of the provisions of this Code.
(2) A violation of any of the provisions of the Code shall constitute a misdemeanor, punishable
upon conviction by a fine, imprisonment, or both a fine and improvement, as set forth in Section
1.04.080 of this Code. A separate offense shall be deemed committed on each day or portion
thereof that the violation of any of the provisions of this Code occurs or continues unabated
after the time limit set for abatement of the violation.
(3) Failure to comply with the terms of this Article, including but not limited to 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 fifty dollars ($50.00) nor more than five
hundred dollars($500.00), or by imprisonment for not more than ten (10) days, or both such fine
and imprisonment for each offense. Delinquency for each calendar month shall constitute a
separate offense.
( Ord. No. 38-2016 )
Sec. 25.16.040.- Receipts.
On payment of any water rates or charges, the Finance Department shall issue a receipt therefor
stating the date of payment, the amount of money received, from whom received and on what premises
the water was used.
(Code 1971, § 23-105; Ord. No. 27-1985 , § 1; Ord. No. 30-2012 § 31)
Sec. 25.16.050.- Liability for payment; lien and court action for nonpayment.
(a) The Water Department shall disconnect the water service to any consumer who fails to pay any
water service charges, utility investment charges, or utilities review fees fifteen (15) days after their
due date.
(b) All the rates and charges specified in this Chapter shall be paid by the owner of the premises on
which the water is used. All such water rates and charges from the time such shall be due and
chargeable shall become and remain a lien upon the premises until such rates or charges shall be
paid. Water rates and charges may be collected against any owner by suit, such action to be in the
name of the City in any court having jurisdiction thereof and to be prosecuted as an action at law
personally against such owner or by a suit in equity for the enforcement of such lien.
(c) Any lien for unpaid water rates and charges against any premises may also be collected as
provided by the statutes of the State for the collection of taxes and other liens and assessments
against real estate.
(Code 1971, § 23-106; Ord. No. 27-1985. § 1 ; Ord. No. 30-2012 § 32 , Ord. No. 38-2016.)
Sec. 25.16.060.-Water service connect and disconnect charges.
A service charge of forty dollars($40.00) is hereby established for each new account that is setup for
water service. If a disconnection is made in accordance with Section 25.16.050 above because of
nonpayment of water service charges, utility investment charges or utilities review fees, the disconnect
charge of sixty dollars($60.00) shall be due prior to reconnection of water service.
(Code 1971, § 23-107; Ord. No. 27-1985. § 1 ; Ord. No. 53-1992, 4 1 ; Ord. No. 68-1994, 4 13 ; Ord.
No. 45-1999. § 16 jpart]; Ord. No. 30-2012 4 33 ; Ord. No 38-2014, 4 9 , Ord. No. 38-2016)
Sec. 25.16.061.-Discontinuance of service.
(a) Grounds for discontinuance. If any utility service charges remain unpaid for fifteen (15) days after
their due date, the City may terminate service for the type of utility service for which payment has not
been made. In addition, the City may terminate a utility service for violation of any rule or regulation
concerning such utility as set forth in this Title.
(b) Notice of termination. In order to terminate any services the City shall send a notice of termination
by first class mail or, at the City's option, by certified mail, return receipt requested, or by posting in a
conspicuous place at or near the main entrance to the premises served by such utility service to the
customer listed on the City records and, at the City's option, to the occupant of the premises served
and/or the owner of the premises served.
(c) Effective date of discontinuance of service. The effective date of the discontinuance of utility service
shall be ten (10)days after the mailing by the City of a notice of termination.
(d) When utility service is not discontinued. Utility service shall not be discontinued:
(1) Between 12:00 p.m. on Friday and 8:00 a.m. on the following Monday or between 12:00 p.m.
on the day prior to and 8:00 a.m. on the day following any federal holiday or City holiday.
(2) During any period when termination of service would be especially dangerous to the health or
safety of any residential customer or permanent resident of the customer's household and such
customer has established that he/she was unable to pay for the service as regularly billed by
the City or is able to pay for such service but only in reasonable installments. Termination of
service that would be especially dangerous to the health or safety of the residential customer or
a permanent resident of the customer's household means that the termination of service would
aggravate an existing medical condition or create a medical emergency for the customer or a
permanent resident of the customer's household. Such shall be deemed to be the case when a
physician licensed by the State makes a certification thereof in writing and said certification is
received by the City. In the event a medical certification is delivered to or received by the City, a
non-discontinuance of service as herein prescribed shall be effective for sixty (60)days from the
date of said medical certification. A residential customer may invoke the provisions of this
Paragraph no more than once during any period of twelve (12)consecutive months.
(3) In the event a customer at any time proffers full payment of any utility bill by cash or bona fide
check to the City of Aspen Finance department.
(4) If violations of rules or regulations concerning the receipt or use of utility service have ceased.
(e) Reconnection. Nothing contained in this Section shall preclude the City from charging a
reconnection fee as required by Section 25.04.120 before reconnecting a utility service discontinued
pursuant to this Section. In addition, prior to reconnection, all charges for that type of utility service
must be paid to the City.
(f) Delivery of notice. Notwithstanding anything to the contrary in this Section, whenever reference is
made herein to a notice or other document being mailed or delivered, that phrase shall mean that the
notice or other document is either deposited in the United States mail, postage paid, first class or
certified mail, return receipt requested, at the City's option, or physically delivered to the addressee,
which physical delivery will be accomplished by either handing to someone over eighteen (18) years
of age at the premises served or by posting upon the main entrance of the premises served by the
utility service in a conspicuous place.
( Ord. No. 38-2016 )
Sec. 25.16.070. - No turn-on without payment of unpaid water charges.
In any case where the water has been shut off from any premises, for any causes stated in this
Chapter or at the request of the owner of the premises, the Water Department shall not turn it on again or
order it to be turned on until all outstanding water rates and charges have been paid and the owner
requests the service by making application and receives a permit for such connection.
(Code 1971, § 23-108; Ord. No. 27-1985 , § 1; Ord. No. 30-2012 § 34)
Sec. 25.16.080.-Determination of charge when more than one business exists in one building.
Whenever more than one (1) business shall be carried on in any one(1) store, room or other
building, it shall be the duty of the Superintendent to decide whether or not more than one(1)charge for
water service shall be made for such use.
(Code 1971, § 23-109; Ord. No. 27-1985 , § 1; Ord. No. 30-2012 § 35)
Sec. 25.16.090.-Deposit for water service.
(a) When applying for water service at a new location, each applicant shall be required to place a cash
deposit in the following manner:
Residential service: One hundred fifty dollars($150.00).
Commercial service:
(1) An amount equal to the service bills for the subject property for the three (3) highest months of
usage during the prior year, if the applied-for use of the property is similar to the prior use; or
(2) If there is no similar prior space or use on which to compute the amount provided in Subsection
(a) Paragraph (1) above, then an amount to be determined by the Finance Director within his or
her sole discretion and based on a reasonable estimate of three (3) months' service for a space
and use similar to the subject property.
(b) Subject to the approval of the Utilities Director based on previous credit history with the City utilities,
the owner of the premises on which the water is used may approve waiver of their tenant's deposit
requirement. To request approval of the Utilities Director, the owner must complete an application
which informs the owner of the possibility of a lien upon the premises for unpaid bills, pursuant to
Section 25.04.090 above.
(c) These deposits will be held by the Director of Finance until service is discontinued and final service
bills are paid and will accrue interest at five percent (5%) per annum starting thirty (30) days after
receipt of the monies until the date of disconnection. Return of the unused portion of the deposit plus
interest will be made within forty-five (45) days from date the final billing is issued. Effective January
1, 2013 no deposit will accrue interest.
( Ord. No. 30-2012 § 36 ; Ord. No. 38-2014, § 10 ; Ord.No. 24-2019 , § 1, 11-26-2019)
Sec. 25.16.100.-Billing errors.
(a) When an error has been made in a water utility account, the following shall apply:
Each water utility customer is responsible for using reasonable diligence to review billing statements
and for immediately notifying the utility of a billing error.
(1) When the water utility determines that a utility customer has overpaid for utility service and the
overpayment occurred no more than twenty-four(24) months before the date the error is made
know to the utility, the utility will issue to the customer a credit to the Customer's account
without interest, as reimbursement for the overpayment.
Previous Customer accounts at same service location will be reviewed to determine if they were
affected by the overbilling. If it is determined that an overbilling affected a previous Customer
with the twenty-four-month period as described herein, reasonable efforts will be made to locate
the Customer and refund any amounts owed due to the overbilling.
Any refund check mailed to the last known address of the Customer and returned unpaid to the
City or not cashed by the Customer within two(2)years of either the date of delivery or mailing
of the check, will be retained by the City and will be credited as miscellaneous revenue for the
utility service which was overpaid.
Prior to final determination of an overbilling refund credit or refund, each of the following
conditions must be met:
a. The customer could not have discovered the error with reasonable inquiry prior to the date
of discovery;
b. Documentation evidencing the overpayment is available in utility records or has been
provided to the utility; and
c. The utility confirms the accuracy and sufficiency of the documentation based on utility
records.
d. The overbilling is not the result of changes, modifications, updates, or alterations by the
Customer or its agent that affects the metering accuracy, multiplier, or other metering
components without evidence of prior notification to and approval of the Utility.
(2) When the Utility determines that a current utility customer has been undercharged and has
underpaid for utility service, the customer shall be billed for the correct amount unless the
undercharges occurred more than six(6) months before the date the error is discovered and the
following conditions are met:
a. The customer could not have discovered the error with reasonable inquiry.
b. Each utility customer is responsible for using reasonable diligence to review billing
statements and for immediately notifying the utility of a billing error.
c. Bills for corrected usage and other utility rate code charges shall be due and payable in the
same manner as regular bills for service.
In the event of an inaccurate billing due to the diversion or theft of utility service, the City retains
the right to back bill for the entire period of occurrence.
(3) Any attempt or action by; a utility customer to mislead the utility with regard to a billing error
shall be a violation of code, punishable by fine as provided for wherein. Each day upon which
any violation shall continue shall constitute a separate offense, punishable as such. Additionally,
the Utility reserves the right to pursue other compensation or charges to the fullest extent of the
law.
(Code 1971, § 23-110; Ord. No. 27-1985 , § 1; Ord. No. 68-1994 , § 15; Ord. No. 57-2000 , § 8; Ord.
No. 29-2011)
Section 2.
Any and all existing ordinances or parts of ordinances of the City of Aspen 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.
Section 3.
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 City of Aspen 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.
Section 4.
This Ordinance shall take effect thirty (30) days after passage, adoption and publication thereof as provided by
law.
Section 5.
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any action or
proceeding now pending under or by virtue of the ordinance repealed or amended as herein provided, and the
same shall be conducted and concluded under such prior ordinances.
FIRST READING OF THIS ORDINANCE WAS INTRODUCED, READ, ORDERED AND PUBLISHED as
provided by law, by the City Council of the City of Aspen on the 10th day of November, 2020.
Attest:
Nicole Henning, City Clerk Torre, Mayor
FINALLY, adopted, passed, and approved this 24th day of November, 2020.
Attest:
(0007
Nicole Henning, City Clerk Torre, Mayor
Approved as to form:
James R. True, City Attorney