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(a) Definitions. As used in this section the following words and phrases shall have the meanings ascribed to them below:

Building shall mean any structure having a roof supported by columns or walls, and built for the support, shelter, or enclosure of persons, animals, chattels, or property of any kind.

Contractor shall mean a qualified, licensed, bonded, and insured vendor that contracts with Aurora Water to replace service lines; or as context requires, a qualified, licensed, bonded, and insured plumber that contracts with an owner to replace a lead or galvanized service line.

Dwelling shall mean a building or structure or part thereof containing one or more dwelling units. This section shall also apply to buildings and structures that are not used for residential purposes.

Dwelling unit shall mean any room or group of rooms, or any part thereof located with a building and forming a single habitable unit with facilities which are used or designed to be used for living, sleeping, cooking, eating, or bathing.

Galvanized service line shall mean an iron or steel service line that has been dipped in zinc to prevent corrosion and rusting.

Lead service line shall mean a service line known to consist of lead or any portion of lead.

Lead status unknown means a service line consisting of at least a portion of unknown material that may contain lead or galvanized materials. Aurora Water will treat lead status unknown service lines as lead service lines for purposes of this section.

Occupant or tenant shall mean a person or persons in actual possession of and living in the building or dwelling unit.

Owner shall mean any person who has legal title to any dwelling, building or structure, with or without accompanying actual possession thereof; or, who has equitable title and is either in actual possession or collects rents therefrom or who is executor, executrix, trustee, guardian, or receiver of the estate of the owner, or as mortgagee or as vendee in possession either by virtue of a court order or by agreement or voluntary surrender of the premises by the person holding the legal title, or as collector of rents has charge, care or control of any dwelling, building, structure, or rooming house.

Property shall mean any dwelling, dwelling unit, building, or structure receiving water service from Aurora Water.

Service line shall mean the water line that connects to the dwelling, structure or building that is connected to the main Aurora Water line. The service line is comprised of two parts: (1) the portion owned by Aurora Water from the main to and including the meter pit; and (2) the portion owned by the private property owner from the meter pit to the connection with the inlet of the dwelling, building or structure.

Structure shall mean anything constructed or erected, the use of which requires fixed location on the ground or attachment to something having a fixed location on the ground.

(b) Prohibition. Lead and galvanized service lines serving any property within the city of Aurora are prohibited and any existing lead or galvanized service line must be replaced in accordance with this section.

(c) Exclusion. A property owner may be excluded from the mandatory replacement of any lead or galvanized service line by providing Aurora Water with written proof from a contractor that a lead or galvanized service line does not serve the property and/or that any lead or galvanized service line was previously removed and replaced. Aurora Water shall retain the ability to access the property as set forth in subsection (d) of this section to verify that no lead or galvanized service line serves the property.

(d) Service line testing.

(1) Aurora Water is authorized to access property in such areas as it deems necessary and appropriate to identify lead and/or galvanized service lines through pot-holing or other appropriate testing techniques. Aurora Water (or its contractor) must provide notice to owners and occupants no less than 72 hours before accessing property to perform such tests. Aurora Water (and its contractors) must utilize commercially reasonable efforts to return the property to its prior condition after completing such tests. Aurora Water will notify owners of the status of the service line after completion of such tests.

(e) Service line replacement. The owner of any property connected to Aurora Water's system through a lead or galvanized service line, as may be identified by Aurora Water's records, service line testing, or any other reliable method, must replace such lead or galvanized service line through either of the following two methods:

(1) Agreeing to participate in Aurora Water's "lead service line replacement program" by the later of: 180 days after the effective date of the ordinance codified in this section; or within 90 days of receiving written notice from Aurora Water of the existence of a lead or galvanized service line. Participation in the lead service line program will allow Aurora Water to replace the lead or galvanized service line at no cost to the owner. Owners and occupants must allow Aurora Water (or its contractor) reasonable access to the property to conduct lead or galvanized service line replacement. Owners and occupants of properties participating in the lead service line replacement program shall be contacted in writing by Aurora Water regarding the lead service line replacement program. The owner shall retain full ownership and responsibility for the service line and will be responsible for all service line repair outside of the scope of the lead or galvanized service line replacement including any applicable warranty period; or

(2) Hiring a contractor to replace the lead or galvanized service line at the owner's own expense. If an owner selects this option, the lead or galvanized service line must be replaced by the later of: 365 days after the effective date of the ordinance codified in this section; or within 90 days of receiving written notice from Aurora Water of the existence of a lead or galvanized service line. Lead and galvanized service lines must be replaced in accordance with all applicable laws and city rules and regulations. An extension to remove the lead or galvanized service line may be granted only as set forth in subsection (e)(2)(a) of this section. To comply with this subsection (e)(2) an owner must provide Aurora Water with written proof that the lead service line has been replaced. Proof must include at a minimum: (a) a permit issued by the city of Aurora to a licensed contractor authorized to do the work; (b) documentation that the work was completed; and (c) a City of Aurora inspection report verifying removal of the lead or galvanized service line.

a. Extension. An extension may be granted for compliance with subsection (e)(2) of this section only when the owner can demonstrate to Aurora Water's satisfaction that the owner has made a good faith effort to comply with subsection (e)(2) of this section.

(3) Failure to provide proof of either enrollment in the lead service line replacement program, in accordance with subsection (e)(1) of this section, or replacement of any lead or galvanized service line at the owner's own expense, in accordance with subsection (e)(2) of this section, shall constitute a violation of City Code.

(f) Authorization to access property.

(1) If an owner does not comply with subsection (e) of this section within 365 days of the effective date of the ordinance codified in this section (or within the time frame provided by a properly approved extension) or is inaccessible or otherwise denies access to the property to enable the replacement of a lead or galvanized service line, then the following procedures shall be followed:

a. Aurora Water shall secure entrance to the property from the owner or current occupant of the dwelling, building or structure, and Aurora Water shall incur no liability from the owner. Aurora Water (or its contractor) will provide the owner or current occupant with a consent form prior to entry. The consent form will provide Aurora Water (or its contractor) with access to the property to verify, and replace, if necessary, any lead or galvanized service line. Aurora Water (or its contractor) shall use commercially reasonable efforts to restore the property to its prior condition after completing lead or galvanized service line replacement; and

b. If access is provided by an occupant of the dwelling, then the occupant shall be held harmless and no liability shall incur to Aurora Water or occupant due to the inspection or replacement of the lead or galvanized service line; and

c. If access is denied by the current occupant or owner, Aurora Water may commence procedures, including filing a court action in a court of competent jurisdiction, to conduct inspection and/or replacement of any lead or galvanized service line. Each day access is denied shall constitute a violation of City Code.

(g) Proof of lead or galvanized service line replacement upon creation of new water account.

(1) If Aurora Water's records indicate any property is serviced by a lead or galvanized service line, Aurora Water may require proof that the lead or galvanized service line has been replaced or the property is enrolled in the Lead Service Line Replacement Program before creating or modifying any account for the property.

(h) Proof of lead or galvanized service line replacement upon transfer of ownership.

(1) Upon the sale or transfer of ownership of any dwelling, building or structure, and prior to the creation of any new Aurora Water account related to the property, the owner must provide proof to Aurora Water that any lead or galvanized service line has been replaced or the property is enrolled in the lead service line replacement program.

a. Rules and regulations. The general manager is empowered to promulgate such rules and regulations regarding the lead service line replacement program consistent with this section as may be reasonably necessary to aid in the administration and enforcement of this section.

(i) Noncompliance with this section shall constitute a violation of City Code.

(j) Penalty. The penalty for violations of this section by any owner, person, or corporation shall be in accordance with the fines set forth in section 1-13. The potential jail sentence shall not be applicable for violations of this section. Each day a violation continues shall constitute a separate violation. (Ord. No. 2023-70, § 1, 1-8-2024)