HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/05/2021 - FIRST READING OF ORDINANCE NO. 016, 2021, AMENDING Agenda Item 19
Item # 19 Page 1
AGENDA ITEM SUMMARY January 5, 2021
City Council
STAFF
Andrew Gingerich, Civil Engineer
Eric Potyondy, Legal
SUBJECT
First Reading of Ordinance No. 016, 2021, Amending Chapter 26 of the Code of the City of Fort Collins to
Clarify Utilities' Right of Entry into Buildings and onto Premises to Access Utilities Equipment, Facilities, and
Appurtenances for Utilities Purposes.
EXECUTIVE SUMMARY
The purpose of this item is to adopt a variety of revisions, clarifications, and additions to update portions of City
Code Chapter 26 pertaining to Utility Services. More specifically, the purpose of this item is to further explain
and put bounds on the right of entry in the City Charter (Art. XII, Sec. 2), which states:
The directors and employees of city-owned utilities shall have authority in the necessary discharge of
their duties to enter upon any lands, properties or premises, within or without the city limits, for the
examination or survey thereof, or for the purpose of repairing, inspecting, removing, or connecting
the service, reading meters, or any other purpose whatever in connection with the water, wastewater,
electric, and other utilities.
Various aspects of Sections 26-22, 26-98, 26-99, 26-219, 26-399, and 26-577 have been clarified and modified
to more clearly articulate Fort Collins Utilities’ (“Utilities”) right of entry and the corresponding rights of
customers and the owners/occupants of such buildings and premises. Language has also been added to
allow for procedures for disputes to be resolved by the Municipal Court when necessary and to allow the
Utilities Executive Director to petition the Municipal Court to secure the right to enter specific buildings and
premises for Utilities purposes as described in Section 26-22.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Consistent with the right of entry in the Charter, City Code has historically had various sections (now in
Chapter 26 of City Code) confirming and providing greater details on the right of entry into buildings and
premises for the Utilities purposes, including: supplying a utility service; examinations or surveys related to a
service; and inspections, installations, maintenance, repair, and replacement of equipment, facilities, and
appurtenances. Entry into lands, buildings and premises has occurred and continues to occur by employees
of Utilities to properly maintain, inspect, and replace infrastructure that is critical to providing service as well as
metering use for purposes of accurate billing.
In most cases, Utilities employees schedule appointments, provide notice and take appropriate actions per City
Code to coordinate access to buildings and premises necessary to the discharge of their duties. In rare
instances, authorized Utilities employees take the appropriate steps and notification process to gain access
and are denied by the owner or other persons that have charge or control of the building or premise.
Agenda Item 19
Item # 19 Page 2
These challenging situations prompted Utilities staff to seek clarification and additional language regarding the
right of entry, which is intended to better articulate the rights of Utilities and their customers. This inquiry
prompted a complete review of the right of entry in City Code, and resulted in the various revisions,
clarifications, and additions included in the Ordinance.
To address the more difficult situations where access is denied to Utilities employees, the Ordinance
authorizes the Utilities Executive Director to petition the Municipal Court for an order, injunction, or inspection
warrant. This clarification and the additional language are meant to protect Utilities and their customers and
ensure that authorized Utilities employees are pursuing every legal remedy necessary to obtain access. This
language also clarifies the rights of the land and premise owner to provide a process and venue to resolve any
issues or disagreements for allowing access.
Additionally, the Ordinance clarifies and adds additional language to allow authorized Utilities employees to
seek permission from a property owner or appropriate representative to permit Utilities to trim the limbs and
branches of trees, shrubs, or other vegetation to avoid interference with utilities equipment, facilities, and
appurtenances, or to allow access to the utilities, equipment, facilities, and appurtenances on said owner’s
premises or in the public right of way.
Approximately 25,000 water meters owned by Utilities exist inside of residences, businesses and other
premises. Four thousand Light and Power meters and other equipment also exist upon or within private
premises and/or buildings. Approximately 117 miles of Wastewater Collection system and 2,000 Manhole
structures also exist within easements on private premises and most commonly within fenced backyards. The
above infrastructure is maintained both preventatively and correctively on a routine basis which requires
access by authorized Utilities employees. Failure to gain access can negatively impact the normal operation of
this infrastructure and the ability to serve the owner of the premise with utility service. Denied access resulting
in deferred maintenance or repairs could adversely impact City infrastructure causing failure or loss of service
to one or many customers.
CITY FINANCIAL IMPACTS
The various proposed amendments to City Code will have no direct financial impact to the City or Utilities and
any incidental impacts are not anticipated to occur often or result in significant lost revenue. However,
deferred maintenance or inability to make timely repairs due to denied Right of Entry would cause additional
expense to both the Utility and Customers.
BOARD / COMMISSION RECOMMENDATION
The Water Board voted unanimously to recommend Council approve the proposed 2020 Utilities Fall Code
Updates on October 15, 2020. (Attachment 1)
The Energy Board voted unanimously to recommend Council approve the 2020 Utilities Fall Code Updates on
November 12, 2020. (Attachment 2)
PUBLIC OUTREACH
Staff has not done any further public outreach as it was determined that the revisions were of a technical
nature and would not adversely affect customers.
ATTACHMENTS
1. Water Board Minutes, October 15, 2020 (PDF)
2. Energy Board Minutes, November 12, 2020 (PDF)
3. Powerpoint Presentation (PDF)
Excerpt from Unapproved DRAFT MINUTES - WATER BOARD
REGULAR MEETING
October 15, 2020, 5:30 p.m.
Online via Zoom
1 0 /1 5 /20 20 – Excerpt from Unapproved DRAFT MINUTES Page 1 of 1
a. Regular Items
(Attachments available upon request)
1. 2020 Utilities Fall Code Updates
Interim Utilities Deputy Director & Water Field Operations Director
Andrew Gingerich presented a summary of revisions, clarifications and
additions to portions of City Code Chapter 26 pertaining to Utility
Services: consolidation of appeals into one process; clean up of
language in Utilities right-of-entry and corresponding rights of
customers; clarify and revise pretreatment language that is no longer
relevant and revise fees to septic haulers; process change to water
and wastewater plant investment fee (PIF) when water allotment is
increased, etc. Strategic Account Specialist Samantha Littleton
summarized the PIF-related portion of the presentation.
Discussion Highlights
A board member inquired about whether the proposed PIF process
change was to ensure alignment with recent water allotment-related
updates (Ms. Littleton replied that it is not; it’s simply to ensure staff
reviews a customer’s water usage and amount of associated PIF if
they request an increased water allotment to determine if additional
PIF fees are necessary).
Board Member Michael Brown, Jr. moved that the Water Board
recommend City Council approve the proposed 2020 Utilities Fall
Code Updates on Consent on first reading on November 4, 2020.
Chairperson Steve Malers suggested a friendly amendment to the
motion to eliminate the details “…on Consent on first reading on
November 4, 2020” in the event Council removes it from the consent
agenda or reschedules the item.
Board Member Brown accepted the friendly amendment.
Board Member Nicole Ng seconded the motion.
Vote on the Motion: it passed unanimously, 11-0.
ATTACHMENT 1
ENERGY BOARD
REGULAR MEETING – DRAFT – Abridged for FCU Fall Code Update
November 12, 2020 – 5:30 pm
Remote – Zoom Meeting
ROLL CALL
Board Members Present: Amanda Shores. Jeremy Giovando, Bill Becker, Dan Gould, Alan Braslau,
Marge Moore, Steve Tenbrink, Sue McFaddin, John Fassler
Board Members Absent:
OTHERS PRESENT
Staff Members Present: John Phelan, Christie Fredrickson, Tim McCollough, Theresa Connor, Leland
Keller, Cyril Vidergar
Platte River Power Authority: Paul Davis, Trista Fugate
Members of the Public: Rick Coen, Rich Stave, Nick Michell
UTILITIES FALL CODE UPDATE
Tim McCollough, Deputy Director, Utilities Light & Power
Along with the City, Utilities seeks to keep all code current, so every six months staff works on a code-
cleanup package. Items in a code-cleanup package are designed to be non-controversial, not significant,
and do not incur any cost changes. In this package, there are two sections of code that impact the
Electric Utility.
Chapter 26 covers right-of-entry, which dictates Utilities rights to enter private property to access
infrastructure. This update includes language clarification to continue to allow Utilities to operate and
administer the systems that provide various services for water, wastewater, stormwater, electric and
broadband. The update also increases emphasis for Utilities personal to have clear, safe, and reliable
access to Utilities equipment and facilities, and adds language to allow recourse if entry is not granted.
Additionally, the update clarifies the rights and authorizations of property owners and representatives to
permit Utilities to trim limbs, branches, shrubs, or other vegetation as necessary to avoid interference with
Utilities equipment.
Mr. McCollough explained that City Council acts as the Utility Electric Enterprise Board at times, and the
updated in Section 26-392(a) includes language clarification to explicitly name the officer roles of City
Council on the Enterprise Board. The Mayor acts as the Board President, Mayor Pro Tem as the Board
Vice President, Financial Officer as Board Treasurer, and City Clerk as Board Secretary. These officers
will have the same authority to execute the Enterprise’s ordinances, debt obligations and other
instruments as they have when acting in their City offices under applicable law.
Chairperson Shores asked whose obligation vegetation management is, Mr. McCollough said vegetation
is the responsibility of the property owner (not the renting tenant), but this language update gives Utilities
authorization to clear as need around Utilities equipment and infrastructure. Mr. Vidergar echoed Mr.
McCollough, the City has City codes outlining a condition of service as maintaining the property to deliver
service. Board member Braslau asked if the Utility is allowed to suspend service in an emergent or
dangerous situation for right of access. Mr. McCollough said yes, the Utility will shut off service to protect
life or property and do so in an emergency basis.
Board member Tenbrink asked if any of the Enterprise Board meetings are public. Mr. McCollough said
they are all open session, as long as they do not meet under executive session.
ATTACHMENT 2
ENERGY BOARD
REGULAR MEETING
Board member Gould asked if Proposition 117 (Require Voter Approval of Certain New Enterprises
Exempt from TABOR Initiative) will impact the Enterprise Boards. Mr. Vidergar said he does not have
insight at this moment; as he understood it, that ballot measure was concentrated on State and Home-
Rule enterprises, as opposed to municipal, but he will look into it and get back to the Board.
Board member Tenbrink moved the Energy Board recommend City Council approve the Utilities
2020 Fall Code Updates.
Board member Gould seconded the motion.
Vote on the motion: It passed unanimously, 9-0.
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Right of Entry Code Update
Andrew Gingerich
January 5th, 2021
ATTACHMENT 3
Executive Summary
Eric Hannafious &Danny West Meeting Customer for an
appointment for in-home water meter maintenance.
Va rious aspects of Sections 26-22, 26-98, 26-99,
26-219, 26-399, and 26-577 have been clarified
and modified to more clearly articulate Fort
Collins Utilities’(“Utilities”) right of entry and the
corresponding rights of customers and the
owners/occupants of such buildings and
premises.
Language has also been added to allow for
procedures for disputes to be resolved by the
Municipal Court when necessary and to allow the
Utilities Executive Director to petition the
Municipal Court to secure the right to enter
specific buildings and premises for Utilities
purposes as described in Section 26-22.
Overview
City Owned and Maintained
Equipment and Facilities on or in
Private Premises;
•25,000 Water Meters
•4,000 Light and Power Meters
•11 7 Miles of Wastewater Mains
•2,000 Manholes & Structures
Water Meter in Customer Basement
Wastewater Manhole in Yard
Electric Meters in Utility Closet
Current Code
Crawl Spaces Require Permitted
Confined Space Entry
Fence Being Built on Premise
Around Light & Power Equipment
Code currently allows for right of entry into buildings and premises for
Utility Purposes;
•Supplying Utility Service
•Examination and Inspections of Equipment and Facilities
•Installation or Maintenance
•Repair or Replacement
"The directors and employees of city-owned utilities shall have authority in
the necessary discharge of their duties to enter upon any lands,
properties or premises, within or without the city limits, for the examination
or survey thereof, or for the purpose of repairing, inspecting, removing, or
connecting the service, reading meters, or any other purpose whatever in
connection with the water, wastewater, electric, and other utilities."
City Charter (Article XII, Section 2)
Entry into or onto premises will occur by Employees of
the Utilities or Contractors working directly for the Utilities;
•Schedule Appointments
•Provide ID Badge Identification
•Wear City Logo Uniform
•Knock on Door or Call on Arrival
•Leave Door Hanger if Not Home
•Certified Mailing
Entry Procedures
Water Meter Shop Arriving for Appointment with
City Truck, Logo Uniform & City Identification.
Landscaping Guidelines
Doesn't Meet Standards
Meets Standards
Light and Power
Removing Overhead Pole
Current Code requires that private property owners maintain landscaping, limbs,
branches, shrubs and other vegetation maintained to avoid interference and to
allow access to Utilities equipment, facilities, appurtenances.
Proposed Code seeks to allow
authorized Utilities Employees to gain
permission from a property owner or
appropriate representative to permit
Utilities to trim limbs, branches, shrubs
and other vegetation.
•Expedite repairs or maintenance
required
•Correct an immediate Public Health
and Safety Concern
•Allow access to equipment &
facilities.
Reasons to Update
•In rare instances Utilities Employees will follow the steps set forth in Code and
Charter to gain Right of Entry and still be denied by the owner or persons that
have charge or control of building or premise.
•Utilities Equipment, Facilities and Appurtenances require routine inspection,
maintenance, repair and replacement.Failure to be able to access a premise
could affect Utilities ability to provide service to the premise or other
customers.
•Allow Utilties Executive Director to petition the Municipal Court to secure
the right to enter specific buildings and premises for Utilities Purposes.
•Provide procedures to settle disputes or refusal to grant access in order to
protect and honor the rights of the Customers and Owners as well as protect
and support the rights of the Utilities and Employees.
Meter Technician providing routine
maintenance in a private residence
Recommendation
Staff Recommends adoption of Ordinance No. 016, 2021 on First Reading for
Amending Chapter 26 of the Code of the City of Fort Collins to Clarify Utilities'
Right of Entry into Buildings and onto Premises to Access Utilities Equipment,
Facilities, and Appurtenances for Utilities Purposes.
9
Questions?
January 5th, 2021
Right of Entry Code Update
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ORDINANCE NO. 016, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO CLARIFY UTILITIES’ RIGHT OF ENTRY INTO BUILDINGS AND ONTO PREMISES
TO ACCESS UTILITIES EQUIPMENT, FACILITIES, AND APPURTENANCES FOR
UTILITIES PURPOSES
WHEREAS, the City owns and operates Fort Collins Utilities (“Utilities”), which
provides various utility services, including water, wastewater, stormwater, electric, and
broadband services; and
WHEREAS, City of Fort Collins Charter Article XII, Section 2 sets forth a right of entry,
such that the directors and employees of city-owned utilities shall have authority in the necessary
discharge of their duties to enter upon any lands, properties or premises, within or without the
city limits, for the examination or survey thereof, or for the purpose of repairing, inspecting,
removing, or connecting the service, reading meters, or any other purpose whatever in
connection with the water, wastewater, electric, and other utilities; and
WHEREAS, for Utilities to operate and administer the systems for these services, and to
bill customers for these services, authorized Utilities personnel require clear, safe, and reliable
access to Utilities equipment, facilities, and appurtenances; and
WHEREAS, some of these Utilities equipment, facilities, and appurtenances, including
meters and curb stops, are located on or in private buildings and premises served by Utilities; and
WHEREAS, Utilities personnel therefore require and have historically had, as a condition
of service and pursuant to the City’s authority as a home rule municipality and utility provider, a
right of entry and similar access rights into buildings and onto premises served by Utilities for
purposes of discharging their duties and enforcing provisions of City Code that are related to
Utilities; and
WHEREAS, Utilities requires clear rules related to these Utilities equipment, facilities,
and appurtenances located on or in private buildings and premises served by Utilities, which also
benefit customers by clarifying the rights of Utilities, customers, and the owners/occupants of
such buildings and premises; and
WHEREAS, these rules related to such Utilities equipment, facilities, and appurtenances
are current found in various sections of the City Code, including Sections 26-22, 26-98, 26-99,
26-219, 26-399, and 26-577; and
WHEREAS, Utilities staff has identified various aspects of these relevant City Code
sections that call for clarification and modification to more clearly articulate Utilities’ historical
right of entry and the corresponding rights of customers and the owners/occupants of such
buildings and premises, including the addition of procedures for disputes to be resolved by the
Municipal Court when necessary; and
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WHEREAS, this Ordinance amends the relevant City Code sections to accomplish these
purposes.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Section 26-22 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-22. Right of entry.
(a) Utilities personnel must have clear, safe, and reliable access to utilities equipment,
facilities, and appurtenances, including meters, curb stops, fire hydrants, lines, and manholes,
located on or in private buildings and premises for utilities’ operation, administration, and billing
of service. Such access is hereby provided as a right of entry pursuant to this Section. In
connection with the necessary discharge of their duties and the enforcement of the provisions of
this Chapter, authorized utility personnel shall, at all reasonable times, have safe access to any
premises within or without the City served by one (1) or more of the utilities for any purpose
incidental to supplying a service or for the examination or survey thereof or for inspection and
repair, of facilities and appurtenances, connection and disconnection of services or reading
meters. This provision is not intended to modify the right of access described in §26-219.
(b) Access to the meters and utility service equipment located on the customer's premises
must be provided for proper administration and billing of service. This includes non-intrusive,
automatic drop out access to the customer's telephone service for remote reading of meters by the
utilities when such service is available. If any meter cannot be read or access to utility service
equipment is not provided for three (3) consecutive months, the customer shall be notified by
first-class mail that this condition must be corrected or the utilities shall discontinue service until
access to such equipment by the utilities' personnel is accomplished.
(c) Whenever necessary to make an inspection to enforce any of the provisions of this Chapter,
or whenever authorized utility personnel have reasonable cause to believe that there exists in any
building or upon any premises any condition or violation which makes such building or premises
unsafe, dangerous or hazardous or presents a significant, immediate danger to human health or
the environment, authorized utility personnel may enter such building or premises at all
reasonable times to inspect it or to perform any duty imposed upon authorized utility personnel
by this Chapter. If such building or premises is occupied at the time entry is required, the
authorized utility personnel shall first present proper credentials and request entry. If such
building or premises is unoccupied, the authorized utility personnel shall first make a reasonable
effort to locate the owner or other persons having charge or control of the building or premises
and request entry. If such entry is refused, the authorized utility personnel shall have recourse to
every remedy provided by law to secure entry.
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(b) In connection with the necessary discharge of their duties and the enforcement of the
provisions of this Chapter, authorized utility personnel shall, at all reasonable times, have the
right to enter any private building or premises within or without the City served by one (1) or
more of the utilities for any purpose directly related or incidental to: supplying a utility service;
examinations or surveys related to a service; inspections, installations, maintenance, repair, and
replacement of equipment, facilities, and appurtenances; connection and disconnection of
services; reading and replacing meters; replacing curb stops; inspections to enforce any of the
provisions of this Chapter; and performing any of their duties. The right of entry includes the
right to enter whenever authorized utility personnel have reasonable cause to believe that there
exists in any building or upon any premises any condition or violation which makes such
building or premises unsafe, dangerous, or hazardous, or presents a significant, immediate
danger to human health or the environment. This provision is not intended to modify the right of
access described elsewhere in this Chapter.
(c) It is unlawful for any person to interfere with the reasonable access of authorized utility
personnel to utilities-owned equipment, facilities, and appurtenances located on or in buildings
and premises. Such unlawful interference includes constructing or placing covers on or allowing
vegetation to interfere with meters or other utilities equipment, facilities, and appurtenances and
any other interference with the ability of utilities personnel to discharge their duties.
(d) If such building or premises is occupied at the time entry is required, the authorized
utility personnel shall first present proper credentials and request entry. If such building or
premises is unoccupied, the authorized utility personnel shall first make a reasonable effort to
locate the owner or other persons having charge or control of the building or premises and
request entry.
(e) If such entry is not granted, the authorized utility personnel shall have recourse to every
remedy provided by law to secure entry and access. Such recourse shall include the right to
petition the Municipal Court for an order, injunction, inspection warrant, and/or other relief
confirming and securing the right to enter the specific buildings and premises, subject to any
terms and conditions that may be necessary to protect persons and property, including
reimbursement to utilities for associated costs that may be billed to the customer’s account when
appropriate. When authorized utility personnel have obtained a remedy provided by law to
confirm and secure entry, no owner or occupant or any other persons having charge, care, or
control of any building or premises shall fail or neglect, after a request is made, to promptly
permit entry therein by the authorized utility personnel for proper purposes. Any such failure to
permit entry upon request pursuant to a valid order, injunction, inspection warrant, and/or other
relief shall be a misdemeanor punishable as set forth in § 1-15 of this Code.
(df) WhenIf any person interferes with the right of entry under this section, authorized utility
personnel shall have obtained an inspection warrant or otherrecourse to every remedy provided
by law to secure entry, no owner or occupant or any other persons having charge, care or control
of any building or premises shall fail or neglect, after proper request is made as herein provided,
to promptly permit entry therein by the authorized utility personnel for the purpose of inspection
and examination pursuant to this Article. Any such failure to permit entry upon request pursuant
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to a valid inspection warrant shall be a misdemeanor punishable by the provisions set forth in §
1-15 of this Code. and access and to remove any impediments. Such recourse shall include the
right to petition the Municipal Court for an order confirming the right to enter the specific
buildings and premises, to remove any impediments, and to impose terms and conditions that
may be necessary to protect persons and property, including reimbursement to utilities for
associated costs that may be billed to the customer’s account when appropriate.
(g) Regardless of whether authorized utilities personnel have sought any other remedy, if
access to utilities equipment, facilities, and appurtenances located on or in private buildings and
premises is not provided or if a meter cannot be read for three (3) consecutive months, utilities
shall be entitled to discontinue utilities services until access to such equipment, facilities, and
appurtenances is provided or the meter is read by utilities personnel, provided that the customer
and owner/occupant premise has been notified by first class mail that this conditions must be
corrected at least fourteen (14) days before the discontinuation of service.
(eh) An appropriate property owner or representative shall permit the utilities to trim the limbs
and branches of trees, bushes and shrubs, or other vegetation to the extent that such
trimmingutilities personnel determine is reasonably necessary to avoid interference with utilities’
lines, streetlights, or otherutilities equipment,facilities, and appurtenances, or to allow access to
the utilities’ meter or otherutilities equipment, facilities, and appurtenances on said owner’s
premises or in the public right-of-way.
(fi) The property owner shall be responsible for such trimming of trees, shrubs, or other
vegetation as may be necessary to avoid interference with, and allow access to, the utilities’
meter, and underground service wires running from the utilities’ distribution poles to the point of
delivery, or other utilities-owned equipment, facilities, and appurtenances on said owner’s
premises. Nothing in this Section shall be construed as requiring the owner of a private property
to trim or remove any trees or shrubs when such trimming or removing is required to prevent
interference with City-owned overhead electric utility lines. It shall be the duty of the City to do
any cutting, trimming, pruning or removing of trees or shrubs necessary for the safe use of such
lines.
Section 3. That Section 26-98 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-98. Water meter requirements and installation.
. . .
(d) If, during the inspection, installation, maintenance, repair, or replacement of a water
meter outside of a user’s residential or nonresidential unit, it is determined that the water service
line does not conform to the provisions of §§ 26-94, 26-95, and 26-97, the entire cost of repairing
or replacing such water service line shall be borne by the user.
(e) All water meters and setting devices shall be of a type, size and design approved by the
Utilities Executive Director and furnished by the utility.
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(f) The water meter is the property of the water utility. The utility shall inspect, install,
maintain, test and repair, and replace all meters as necessary. A meterSuch work may be
inspectedperformed at any reasonable time by the utility.
. . .
Section 4. That Section 26-99(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-99. Meter interference; damages.
. . .
(b) The utility will discontinue water service immediately to any user who violates the
provisions of this Section until the user has paid for all water used and all repairs to the meter,
including the replacement cost if applicable.
. . .
Section 5. That Section 26-219 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-219. Inspections; right of access.
(a) The Utilities Executive Director may inspect the equipment and facilities of any user at
any reasonable time to ascertain compliance with applicable ordinances, rules and regulations.
Persons or occupants of premises where wastewater is created or discharged shall allow utility
personnel ready access to the premises for the purposes of inspection, sampling, records
examination and copying, and performance of any of their duties. The utility shall have the right
to set up on the user’s property such devices as are necessary to conduct sampling, inspection,
compliance-monitoring and/or metering operations, including meters, water communications
modules and water meter touchpads. Where a user has security measures in force which would
require proper identification and clearance before entry into its premises, the user shall make the
necessary arrangements with the security guards so that, upon presentation of suitable
identification, utility personnel will be permitted to enter without delay for the purposes of
performing their specific responsibilities. While performing the necessary work on private
property, utility personnel shall observe all security and safety rules applicable to the premises as
established by the user.
(b) If a duly authorized representative of the utility is refused admission to a user’s premises
or any City owned facilities thereon, including meters, communications modules and water meter
touchpads, the Utilities Executive Director may discontinue water or wastewater service to the
premises until utility representatives have been afforded reasonable access to the premises and
private sewer system to accomplish the inspection or sampling. The Utilities Executive Director
may also petition the Municipal Court for an order, injunction, inspection warrant, and/or other
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relief confirming and securing the right to enter the specific buildings and premises as described
in §26-22.
Section 6. That Section 26-399(b) of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-399. Inspections; right of access.
. . .
(b) If a duly authorized representative of the utility is refused admission to a user's premises,
or any City owned facilities thereon, including meters, communications modules and meter
touchpads, the Utilities Executive Director may discontinue electric service to the premises until
utility representatives have been afforded reasonable access to the premises and the building
electrical system to accomplish inspection and/or monitoring. The Utilities Executive Director
may also petition the Municipal Court for an order, injunction, inspection warrant, and/or other
relief confirming and securing the right to enter the specific buildings and premises as described
in §26-22.
Section 7. That Section 26-577 of the Code of the City of Fort Collins is hereby
amended to read as follows:
Sec. 26-577. Inspection; right of access.
(a) The City Manager or his or her designee, including the Broadband Executive Director,
may inspect any portion of the telecommunication services system and any equipment and
facilities of any telecommunication subscriber at any reasonable time to ascertain compliance
with applicable ordinances, terms and conditions of service and rules and regulations. Persons or
occupants of premises receiving telecommunication facilities and services shall allow
telecommunication services personnel ready access to the premises, including the interior
thereof, for the purposes of such inspection and performance of any of their duties and any such
persons or occupants shall, by granting such access, represent and warrant to the City and the
telecommunication services division that they have the legal right and authority to grant that
access. The telecommunication services division shall have the right to set up on the subscriber's
property such devices as are necessary to conduct inspection, compliance-monitoring and/or
maintenance operations. Where a telecommunication subscriber has security measures in place
that would require proper identification and clearance before entry into a served premises, the
subscriber shall make the necessary security arrangements so that, upon presentation of suitable
identification, telecommunication utility personnel will be permitted to enter without delay for
the purposes of performing specific responsibilities. While performing necessary work on private
property, telecommunication services division personnel shall observe all security and safety
rules applicable to the premises as established by the telecommunication subscriber.
(b) If a duly authorized representative of the telecommunication services division is refused
admission to a subscriber's premises, or any City owned facilities, including communications
modules and equipment, the City Manager or his or her designee, including the Broadband
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Executive Director, may discontinue telecommunication services until telecommunication
services division representatives are afforded access to the premises and the telecommunication
facilities and equipment located thereon to accomplish inspection and/or monitoring. The
Utilities Executive Director may also petition the Municipal Court for an order, injunction,
inspection warrant, and/or other relief confirming and securing the right to enter the specific
buildings and premises as described in §26-22.
Introduced, considered favorably on first reading, and ordered published this 5th day of
January, A.D. 2021, and to be presented for final passage on the 19th day of January, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 19th day of January, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk