Article 9 – Enforcement and Administration

9.0  ARTICLE 9 – ENFORCEMENT AND ADMINISTRATION

9-1 DISTRICT AGENTS AND REPRESENTATIVES: The District President and any other employee or agent of the District designated by the District President shall have full authority to act for and on behalf of the District in any matter affecting the administration or enforcement of these Rules and Regulations.

9-2 RIGHT OF ENTRY FOR INSPECTIONS: Duly authorized representatives of the District or of Lafayette, bearing proper credentials and identification, shall be permitted to enter upon all property at reasonable times for the purpose of inspecting, observing, measuring, sampling, and testing in connection with the enforcement and administration of these Rules and Regulations.

9-3 SUSPENSION OR TERMINATION OF SERVICE: In addition to and without waiving any other available remedy, the District shall have and may exercise the right to suspend or terminate service to any property where or as to which a violation of these Rules and Regulations, or of any permit, approved plans or applicable contract, or of any standard imposed by or through the Lafayette Code, occurs or continues, in accordance with the following:

9-3-1 Immediate Suspension/Termination. The District may immediately terminate service upon revocation of any Tap Permit, or suspend service when such suspension is necessary in order to stop or prevent an actual or threatened condition which presents or may present an imminent or substantial endangerment to the property, health or welfare of any person or the general public or to the environment, or causes interference or damage to District or Lafayette facilities, or causes the Lafayette Treatment Plant to violate any condition of its permit.

9-3-2 Notice and Opportunity for Hearing.

A. When it appears that any fees or charges imposed under these Rules and Regulations become delinquent, or that any other cause for suspension or termination of service exists, the District may mail or deliver to the owner of the property where or as to which the deficiency occurs, at the service address or a known current mailing address for the Property Owner of the affected property, a notice advising him of the following: (1) the alleged deficiency; (2) that water service to the property will be suspended or terminated on account of such deficiency on a date not less than 30 days from the date of the notice unless the stated deficiency is sooner cured; (3) that he has the right to a hearing at which he may be heard concerning the alleged deficiency; and (4) that he must request the hearing in writing before the suspension or termination date specified in the notice if he desires the hearing to be held. Posting the notice conspicuously at the service address shall constitute delivery thereof to Property Owner.

B. If the Property Owner does not cure the stated deficiency or request a hearing within the time provided, the District shall forthwith order the service to be suspended or terminated, as appropriate.

C. If the Property Owner makes timely written request for hearing, the District President shall promptly schedule and hold such hearing, The District President shall state the reasons supporting his decision. Suspension or termination of service shall be stayed until the District President holds the hearing and renders his/her decision.

D. Upon an adequate showing of mitigating circumstances by the Property Owner, the District President may extend the stay for up to 10 days following the date of his/her decision. If the deficiency is not cured as required within such period, the District shall forthwith order the service suspended or terminated, as appropriate.

9-3-3 Execution of Order. Any person notified of a suspension or termination of service shall immediately stop or eliminate the use of water from the District system on the property affected by such order on the effective date of the suspension or termination. The District may take such steps as deemed necessary, including a physical interruption or disconnection of service, in order to enforce the suspension or termination order.

9-3-4 Grounds for Termination; Effect. Service shall be terminated and not merely suspended if (1) the Tap Permit therefor is revoked; or (2) the connection providing such service was not authorized when made; or (3) the service was suspended at least two times within the preceding five years as a consequence of the acts or omissions of the same Property Owner. Any service terminated under this Section may not be reinstated. The owner of any property served by a service which has been so terminated may apply for new service for such property.

9-3-5 Reinstatement of Suspended Service. Any suspension order shall be rescinded by the District President upon a determination that the deficiency forming the basis for such suspension order has been cured and that no further or other nonconforming conditions or uses of the District system are evident on the property affected by the suspension order. The District shall not reinstate service until the person requesting reinstatement has paid the full amount of any applicable disconnection charge and the District President's reasonable estimate of any applicable Reconnection Charge, and any and all other amounts then due to the District from such person.

9-4 CURE OF VIOLATIONS:

9-5 APPEALS: Any orders, directives or decisions of the District relating to the administration or enforcement of these Rules and Regulations may be appealed, in writing, to the Board of Directors, within ten days of the effective date of the order, directive or decision.

9-6 PENALTY CHARGES: For the purposes of defraying the District's costs and expenses incurred in discovering, investigating, curing, and repairing the consequences of violations of applicable requirements, and in order additionally to deter persons from committing such violations, there is hereby imposed upon any person who the District finds and determines causes, or attempts to cause, or who permits, solicits, aids or abets any other person to cause or attempt to cause, by act or omission, any of the violations set forth below the penalty charge set forth for such violation. For the purposes of this section, it shall be rebuttally presumed that the owner of the property where or upon which such violation exists, or of property which directly benefits from such violation, is the person who caused or permitted the same to occur. A separate and distinct violation shall be deemed committed upon each day or portion of thereof that any such violation shall occur or continue. Those provisions of Article 7 applicable to invoicing and collection of fees and charges shall apply to any and all charges imposed under this section.

9-6-1 Unauthorized Connection. Any connection made to the District System without a proper Tap Permit therefor: $1000.

9-6-2 Unauthorized Use of Water. Use of unmetered water from the District facility or use on other than the Permitted Premises: $1000.

9-6-3 Interference, Failure to Permit Inspection. Interfering with the employees or agents of the District in the performance of their duties, or refusing to permit District employees or agents to inspect the premises: $150.

9-6-4 Tampering. Bypassing, breaking, damaging, destroying, removing, uncovering, altering, defacing, or otherwise tampering with any portion of the District System, obstructing the flow of water in the District System, or obstructing access to District facilities: $2000.

9-6-5 Easement Violations. Placing any prohibited plant or structure within the boundaries of any District right-of-way or easement, in violation of 8-1-7: $150.

9-6-6 Unauthorized Entry. Entering any portion of the District System without authorization: $25.

9-6-7 Violation of Stop Work Order. Performing or continuing to perform any work in violation of a Stop Work Order: $500.

9-6-8 Failure to Provide Record Drawings. Failing to furnish record drawing of Taps as installed: $100.

9-6-9 Violation of Suspension/Termination Order. Failure to stop or eliminate the use of District water on a property affected by an Order suspending or terminating service to such property: $100.

9-6-10 False Official Statement. Making or filing with the District any statement, report or application which the person making or filing same knows or has reasonable cause to know is false or substantially accurate, or omitting any material fact in connection with such statement, report or application when the omission thereof leaves the remainder of the information given misleading or substantially inaccurate: $500.

9-6-11 Failure to Notify of Excavations. Failing to notify the District of excavations in the area of subsurface District facilities at least two business days before beginning such excavation: $25.

9-6-12 Failure to Comply with Irrigation Restrictions. $250 first violation, $500 second violation. Subsequent violations result in installation of a flow regulator. [Added 5/02]

9-6-13 Water Usage Offenses. First offense, $100; second offense $250; third and subsequent offenses $500. [Added 5/02]

9-7 CIVIL DAMAGES: In addition to and without waiving any other available remedy, the District may recover civil damages from any person liable under the laws of the United States or the State of Colorado to the District as a result of any violation of these Rules and Regulations or other unlawful act or omission. Such damages shall include the District's actual costs of discovering, investigating, curing, mitigating and repairing the consequences of such violation or other unlawful acts or omissions, calculated according to the rates set forth in Appendix 1 to Article 7.

9-8 INJUNCTIVE RELIEF: In addition to and without waiving any other available remedy, the District may seek injunctive relief from any act or omission which violates these Rules and Regulations, or which otherwise jeopardizes the property or health of any person, including the District.

9-9 REMEDIES CUMULATIVE: The remedies available to the District under these Rules and Regulations, and under the laws of the State of Colorado shall be deemed cumulative, and the utilization by the District of any single such remedy or combination thereof shall not preclude the District from utilizing any other remedy or combination thereof.