HomeMy WebLinkAbout155 - 12/20/2005 - AMENDING THE CITY CODE TO REQUIRE THE PROVISION OF ACCURATE OWNERSHIP INFORMATION IN CONNECTION WITH ORDINANCE NO. 155, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 26 OF THE CODE OF THE CITY OF FORT COLLINS
TO REQUIRE THE PROVISION OF ACCURATE OWNERSHIP
INFORMATION IN CONNECTION WITH
THE PROVISION OF UTILITY SERVICES
WHEREAS,pursuant to Chapter 26 of the City Code,Fort Collins Utilities provides water,
wastewater,electric and stormwater utility services to members of the general public in and around
Fort Collins; and
WHEREAS, pursuant to City Code Section 26-712(c), all utility services are presumed to
be furnished and supplied to the real property served, without regard to the actual user or person
billed for the services, and all utility fees and charges are chargeable against and payable by the
owner of such real property; and
WHEREAS,pursuant to City Code Section 26-718,all utility charges that are not paid when
due constitute a perpetual lien on the property to which the utility services were delivered,regardless
of whether the owner of said property requested that utility services be provided; and
WHEREAS,in order to provide for improved communications between the City and owners
of real property to which utility services are provided and upon which utility charges are imposed,
and to improve the success of collections of amounts due for utility services, Utilities staff has
recommended that additional information be collected regarding utility accounts and services
requested; and
WHEREAS, in particular, staff has recommended that the consent of the owner of real
property to be served be obtained at the time utility services are initiated and that property owner
information be updated as changes occur; and
WHEREAS, in the past the accuracy of ownership information provided at the time of
initiation of service has been unreliable and few means of deterring the use of false information in
connection with utility accounts and service requests have been available; and
WHEREAS, in order to improve the accuracy of utility account information, staff has
proposed the addition of Code language prohibiting the procurement of utility services based upon
false or fraudulent information; and
WHEREAS, in addition to the foregoing, the improved reliability and availability of
ownership information through utility records will be of benefit to the City due to its usefulness for
Code enforcement purposes generally, and will eliminate the need to create a second, duplicative
system for Code enforcement purposes; and
WHEREAS, in light of the scope of confidentiality afforded utility customer records
pursuant to the Colorado Open Records Act,the use ofthose records for Code enforcement,whether
criminal or civil,is appropriate and consistent with the intended protection of that information from
public access; and
WHEREAS,in light of the foregoing,the City Council has determined that the amendment
of Chapter 26 of the City Code is necessary and will be beneficial for the ratepayers of the City's
utilities and for the efficient administration of the City's utilities and Code enforcement functions.
NOW, THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Article II of Chapter 26 of the Code of the City of Fort Collins is hereby
amended to add a new Section 26-24, as follows:
Sec. 26-24. Property owner's consent for utility service.
Utility service provided to real property pursuant to the terms of this Chapter
shall be deemed to be provided at the request and with the consent of the owner of
said real property, unless and until the General Manager receives written notice of
said owner's withdrawal of such consent.
Section 2. That Article II of Chapter 26 of the Code of the City of Fort Collins is hereby
amended to add a new Section 26-25, as follows:
Sec. 26-25. Required information for utility service.
(a) Each utility service customer or applicant for utility service to be provided
pursuant to this Chapter shall provide to the General Manager accurate and complete
information regarding the ownership of the real property to which utility service is
to be provided and shall state whether or not the dwelling units situated on such
property are owner-occupied. The information required by the General Manager
may include,but need not be limited to,the street address of each such dwelling unit,
together with the name, mailing address and telephone number of all owners and
property managers, if any, of each dwelling unit. If none of the owners or property
managers of a dwelling is a natural person, then the applicant shall also provide the
name, address and contact information for a natural person who is duly authorized
to act as agent for the owner with regard to the management of such unit.
(b) If there is any change in the information provided to the General Manager
under this Section,the utility account customer shall so notify the General Manager
within thirty(30) days of such change.
(c)The General Manager may require completion of an affidavit or certification
by the owner of such real property authorizing utility service to the same, and
verifying the information provided to the General Manager pursuant to the
requirements of this Section. The General Manager may also, in his or her
discretion,require any person requesting the initiation,modification,or termination
of utility service provided pursuant to this Chapter, or providing information
pursuant to this Section, to produce a government-issued photo identification
verifying such person's identity.
(d)In connection with the administration,management and documentation of any
utility customer account,billing,collection or utility service-related matter pursuant
to this Chapter, the General Manager may require such additional information
regarding the holder of said account or the real property to which utility service has
been or will be provided or the improvements situated thereon as he or she
determines to be reasonably necessary,including but not limited to the date of birth
or social security or driver's license information of said account holder or applicant
for service.
Section 3. That Article H of Chapter 26 of the Code of the City of Fort Collins is hereby
amended to add a new Section 26-26, as follows:
Sec. 26-26. Confidentiality of utility customer information.
Pursuant to the procedures, conditions and requirements of the Colorado Open
Records Act,Section 24-72-101,et seq.,Colorado Revised Statutes and this Section:
(1) The General Manager may make said information available for inspection
by any peace officer or any city employee or officer responsible for the
enforcement of the Code, upon the provision of satisfactory evidence that
the inspection is reasonably related to the authority and duties of such peace
officer or Code enforcement personnel;
(2) Such utility account information may be disclosed to the owner or owners
of any real property to which such utility account applies;
(3) Such utility account information may be disclosed to the public in an
aggregated or statistical form so classified as to prevent the identification,
location or habits of individual customers; and
(4) Such utility account information may be disclosed within the city
organization or to city contractors, so long as the release of the information
is conditioned upon reasonable precautions and requirements to prevent
disclosure of said information to the public.
Section 4. That Article II of Chapter 26 of the Code of the City of Fort Collins is hereby
amended to add a new Section 26-27, as follows:
Sec. 26-27. Use of false information in connection with utility services.
It shall be unlawful for any person to knowingly provide any untrue, deceptive
or misleading information to the General Manager or Financial Officer, or to
otherwise misrepresent such person's name, address,telephone number or status,or
the name, address, or telephone number of the owner of real property to which
utility service has been provided or requested to be provided,in connection with the
initiation, modification, or termination of utility service provided pursuant to this
Chapter, or related to the payment or collection of any amounts due in connection
with any such utility service. Violation of this Section shall be punishable as
provided in§ 1-15,and may constitute grounds for disconnection of utility services.
Section 5. That Section 2 of this Ordinance shall be effective as of January 1, 2007, and all
other provisions of this Ordinance will go into effect ten (10) days after second reading of this
Ordinance.
Introduced and considered favorably on first reading and ordered published this 15th day of
November, A.D. 2005, and to be presented for final pas sa n the 20th day of De tuber, A.D.
2005.
O
Mayo
ATTEST:
41��. �
City Clerk
Passed and adopted on final reading this 20th day o ember,A.D. 2005.
Ma r
ATTEST:
City Clerk