Section 16-3-1. Legislative Declaration. The City Council of the City of Northglenn declares that it ordains this ordinance by virtue of the powers granted in Colorado Revised Statutes, 1963, 139-88-19(1), 139-32-1(12), 139-32-1(20(b), 139-32-1(22), 139-32-1(24), 139-32-1(35), 139-32-1(38), 139-32-1(40), 139-32-1(58), 139-78-1(7) and 139-78-3(10).

[Source: Ord. 119, 1971; 253, 1973]

Section 16-3-2. Misdemeanor--Penalty.

It shall be unlawful for any person to construct, build, assemble, connect, lay, insert, or install any main, pipe, conduit, valve, pumping station, tank, reservoir, pond, treatment plant, or other sewer facility or water facility or part of the same or to continue to construct, build, assemble, connect, lay insert, or install any main, pipe, conduit, valve, pumping station, tank, reservoir, pond, treatment plant, or other sewer facility or water facility or part of the same in the City of Northglenn without a construction permit first being issued by the City Engineer of the City of Northglenn.

Any person who violates the provisions of Section 16-3-2(a) either knowingly or unknowingly, or who authorizes or directs any other person to violate said section, either knowingly or unknowingly, shall be guilty of a misdemeanor and shall, upon conviction thereof, be punishable as provided in Section 1-1-10(a)(2) of this Code.

Each day on which a violation of this ordinance occurs or continues shall be deemed a separate offense.

[Source: Ord. 119, 1971; 253, 1973; 1130, 1995]

Section 16-3-3. Second Offense--Mandatory Penalty.

Every person who is convicted of violating this ordinance a second or subsequent time within five (5) years shall be punished by imprisonment in the City jail or the county jail for not less than ten (10) days nor more than one (1) year, and, in the discretion of the court, by a fine not to exceed the amount set forth in Section 1-1-10(a)(2) of this Code, or by both such imprisonment and fine; provided, however, that no person under the age of eighteen (18) years shall be subject to imprisonment for such violation.

The minimum period of imprisonment as provided on second or subsequent conviction for a violation of this ordinance shall be mandatory, and the court shall have no discretion to grant probation or to suspend the sentence therefore.

[Source: Ord. 1130, 1995; 1659, 2013]

Section 16-3-4. Application. This ordinance shall apply to any construction of sewer facilities or water facilities commenced after the effective date of the ordinance and to any construction of sewer facilities or water facilities commenced but not completed before the effective date of the ordinance.

[Source: Ord. 119, 1971; 258, 1973]

Section 16-3-5. Definition. As used in this ordinance, the word "person" shall mean and include any individual, corporation, partnership, limited partnership, association, syndicate, trust, business trust, trustee, executor or administrator of an estate, municipal corporation, quasi-municipal corporation, district, political subdivision of the State of Colorado, town, or city, either statutory or home rule.

[Source: Ord. 119, 1971; 258, 1973]

Section 16-3-6. Culpability. In the event that a person violating this ordinance be a corporation, partnership, limited partnership, association, syndicate, municipal corporation, quasi-municipal corporation, district, political subdivision of the State of Colorado, town, or city, either statutory or home rule, the employees, officers, directors, partners, associates, members of the board of trustees, members of the City Council, members of any other governing body, officials, City Manager, or executives of the same who authorize or participate in any violation of this ordinance shall be deemed guilty of violating the ordinance and shall be punished as principals in accordance with Section 16-3-2 of this ordinance, regardless whether such authorization or participation occurs within or outside the boundaries of the City of Northglenn.

[Source: Ord. 119, 1971; 258, 1973]

Section 16-3-7. Construction Permits. Prior to commencing or continuing to construct, build, assemble, connect, lay, insert, or install any main, pipe, conduit, valve, pumping station, tank, reservoir, pond, treatment plant, or other sewer facility or water facility or part of the same in the City of Northglenn, either above the level of the ground or in the ground, every person shall apply to the City Engineer of the City of Northglenn for the issuance of a construction permit and shall not commence or continue to construct, build, assemble, connect, lay, insert, or install any such main, pipe, conduit, valve, pumping station, tank, reservoir, pond, treatment plant, or other sewer facility or water facility without first having such a permit.

[Source: Ord. 119, 1971; 258, 1973]

Section 16-3-8. City Engineer.

If the City Engineer finds that there is a probability or possibility that pollution of air, water, or food or danger to health will result from such sewer facility or water facility, he shall deny the permit.

If the City Engineer finds that no pollution of air, water, or food or danger to health will result from such sewer facility or water facility and if he finds full compliance with all statutes and regulations of the United States and State of Colorado, ordinances and regulations of the City of Northglenn, and resolutions and regulations of the County of Adams, and Tri-County District Health Department, he shall issue the permit.

[Source: Ord. 119, 1971; 258, 1973]

Section 16-3-9. Appeal.

Any party aggrieved by any decision of the City Engineer to issue a permit or not to issue a permit may within ten days appeal to the City Council of the City of Northglenn by filing a notice of appeal in writing with the City Administrator of the City of Northglenn.

On reasonable notice to the appellant and to the public, the City Council shall hold a public hearing, shall receive evidence, and shall either affirm or reverse the decision of the City Engineer.

In such hearings, the appellant shall have the burden to establish by a preponderance of the evidence that the City Engineer's decision is erroneous and shall have the burden of going forward with the evidence.

The decision of the City Council of the City of Northglenn shall be final and shall not be appealable, but any party to the appeal may request the Council for reconsideration of its decision.

[Source: Ord. 119, 1971; 258, 1973]

Section 16-3-10. Severability.

If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is for any reason held or decided to be unconstitutional or invalid, such decision of unconstitutionality or invalidity shall not affect the validity of the remaining portions.

The City Council of the City of Northglenn, hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, and phrase thereof even though any one or more sections, subsections, sentences, clauses, or phrases might be declared unconstitutional or invalid.

[Source: Ord. 119, 1971; 258, 1973]