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Section 1101.3 of the IPC adopted in section 22-316 is amended by adding the following:

(a) It shall be unlawful for any person to construct, install, place or attempt to construct, install or place any storm drainage or associated surface or subsurface structures; any water mains, service lines or associated subsurface structures; or sewers, sewer service lines or associated subsurface structures upon private property when such construction or installation would be connected to city storm drainage facilities, would discharge into a public right-of-way or easement connected to the city water system or connected to the city sanitary sewer system without having first procured a private utilities installation permit as provided in this section.

(b) Prior to the construction and installation of any of the facilities described in subsection (a) of this section upon private property within the City, every person shall make application to the director of the department of public works for a private utilities installation permit therefor. Such applicant shall set forth, on forms provided by the public works director, all necessary technical information and data as may be required on the form and the applicant shall pay a private utilities installation permit fee. Such fee shall be a construction and inspection fee to defray the cost of all inspections and plan review of the utilities' facilities. Any person requesting inspection of such utilities' facilities at any time other than the normal city inspection hours of 7:30 a.m. through 4:00 p.m., Monday through Friday, or on any legal holiday shall reimburse the city for all those reasonable costs expended in making such inspection.

(c) Contractors responsible for such construction or installation shall be licensed in accordance with all applicable laws and regulations and shall be bonded. Contractors may satisfy this bonding requirement by either of the two following methods:

(1) Placing with the director of the department of public works an irrevocable bond, payable to the City, in the amount of $20,000.00. Such bond shall be valid for a period of two years from its date of issue. Such bond shall be renewed annually so that contractors who wish to operate under the coverage of such bond will have no less than 12 months' coverage at the time they complete any construction project within the City. This bond must be executed by a commercial financial institution or corporate surety company within the metropolitan area. This bond shall contain a provision that if the city seeks to collect on the bond in a court of law, the venue for such action shall lie in Arapahoe County, Colorado.

(2) By proving to the satisfaction of the director of the department of public works that the contractor's activities under this section are bonded by and covered through bonding arrangements made by the developer of the subject property wherein the City is specifically listed as a party who may recover under the bond upon the contractor's unsatisfactory performance.

(d) New permits may not be issued to any party, and contractors may not be allowed to perform the work of new or additional permits when such party or contractor has failed to diligently complete and discharge his or her performance and warranty obligations under previous extension agreements or permits.

(e) The public works director shall recommend fees for the permit. The city manager shall promulgate the fees in accordance with city procedures concerning administrative charges for city service. All fees provided in this section shall be credited to the account of the neighborhood services department to defray the costs of services set forth in this section.

(f) It shall be the responsibility of the permit applicant or subdivider to obtain any required permits for section 404 of the Clean Water Act, and all other required state and federal permits for the construction, placement or installation of the proposed facilities.

(Ord. No. 2011-02, § 56, 2-28-2011; Ord. No. 2006-78, § 1(Exh. A), 1-8-2007)