To: Honorable Mayor and Members of Town Council
Through: David L. Corliss, Town Manager
From: Mark Marlowe, P.E., Director of Castle Rock Water
Title
Ordinance Amending Chapter 13.25 of the Castle Rock Municipal Code Regarding Damages to, and the Unauthorized Use of, Water, Wastewater, and Stormwater Facilities and Services (Second Reading - Approved on First Reading on January 5, 2021 by a vote of 6-0)
Body
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Executive Summary
This memorandum has been prepared to request Council approval of an Ordinance on first reading (see Attachment A) revising section 13.25 of Town code to include stormwater infrastructure on Town Property as used in this section of the code. The current code in Chapter 13.25 is specific to water and wastewater infrastructure, and does not provide authority for the Town to enforce unauthorized use of, tampering with or illegal connection to the stormwater infrastructure. The proposed changes to code address this issue.
Notification and Outreach Efforts
Public notice as per guidance from Municipal Code for Ordinances will be conducted for this item.
History of Past Town Council, Boards & Commissions, or Other Discussions
The draft ordinance was presented to Castle Rock Water Commission on December 9, 2020. Castle Rock Water Commission voted unanimously in favor of recommending Town Council approval of the ordinance.
Discussion
Current code addresses damage to or unauthorized use of water and wastewater infrastructure (Town Property). Stormwater infrastructure is separate from water and wastewater infrastructure, and is accounted for under a separate business enterprise. Stormwater infrastructure is often exposed and accessible to the public from the surface lending itself to vandalism and unauthorized use. There have been instances where stormwater infrastructure was altered by a private property owner without authorization from the Town. This resulted in costs to the Town to repair damages without recourse to cite for violations of the code, enforce penalties and/or seek reimbursement for damages. Stormwater infrastructure is critical to protect the health and safety of our citizens, and protect private property from damage. Tampering with this infrastructure could result in unsafe conditions and/or damage caused by flooding or erosion. The proposed changes to code will allow for enforcement of Chapter 13.25 relative to stormwater infrastructure.
Budget Impact
The proposed code changes will allow the Town to collect for damages caused to stormwater infrastructure for which the Town currently has no mechanism in place to be reimbursed.
Staff Recommendation
Staff recommends approval of the Ordinance as presented on first reading.
Proposed Motion
“I move to introduce the Ordinance as introduced by title, on second reading.”
Attachments
Attachment A: Ordinance