Ord964
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #964
AN ORDINANCE TO AMEND §28.05(2)(a) and §28.05(4)(c)
OF CHAPTER 28 OF THE MUNICIPAL CODE
OF THE CITY OF MUSKEGO
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA, WISCONSIN,
DO ORDAIN AS FOLLOWS:
SECTION 1: Section 28.05(2)(a) of Chapter 28 of the Municipal Code of the City of
Muskego, Wisconsin is hereby amended to read as follows:
28.05(2) MANDATORY HOOKUP
a) The owner of each parcel of land presently occupied and serviced or capable
of being serviced by such water system shall be hooked up to the water
system within 30 days after notification by the Committee. If unoccupied,
hookup shall be before occupancy. Such mandatory hookup shall apply to
all buildings located within the City capable of being served if said property is
not served by a private well which tests “safe” according to standards of the
Wisconsin State Department of Natural Resources and the Waukesha
County Health Department, and to all new construction.
To assure preservation of public health, comfort and safety, the City does
require buildings used for human habitation and located adjacent to a water
main, or in a block through which the water system is extended, to be
connected with said system in the manner prescribed. If any person fails to
comply for more than 10 days after notice in writing, the City may impose a
penalty or may cause connection to be made, and the expense thereof shall
be assessed as a special tax against the property. The owner may, within 30
days after the completion of the work, file a written option with the City Clerk
stating that he or she cannot pay the amount in one sum and asking that it be
levied in not to exceed 5 equal annual installments, and the amount shall be
so collected with interest at a rate not to exceed 15% per year from the
completion of the work, the unpaid balance to be a special tax lien. All such
costs may, at the City’s option, be placed on the tax roll as a special charge
pursuant to Wisconsin Statutes §66.60(16).
The owners of property whose wells test “safe” and whose properties are
capable of being served by Municipal Water shall on or before July 1,
commencing the first test year following the year said property is capable of
being served, file with the Public Utilities Committee test results performed by
the Waukesha County Health Department or recognized private testing
Ord. #964
laboratory, showing that the water from such well is bacteriologically safe.
Testing such well shall be performed by a person working for the testing
laboratory from a sample obtained from the well and he shall certify the test
results. If a well test indicates contamination, chlorination or other methods
may be taken to correct the problem. A second well test must be taken within
60 days. If that test indicates contamination, the property must be connected
to the water system within 60 days. If that test indicates no contamination, no
further action is necessary. Such well tests shall be required every five (5)
years with 1995 being the year from which said required period commences
and the year 2000 being the first “test” year. If such test is not performed by
July 1 of the test year, or the test results show the water to be
bacteriologically unsafe, use of such well shall be immediately disconnected
and the property immediately connected to the Municipal Water System.
Such unsafe well shall be permanently sealed within 90 days of notification to
abandon by the Utility. Failure to permanently seal such well shall subject
the owner of the premises where such well is located to the penalty section of
this subchapter.
SECTION 2 Section 28.05(4)(c) of Chapter 28 of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
28.05(4) USE OF PRIVATE WELLS UPON CONNECTION TO MUNICIPAL
WATER SERVICE
c) Such well tests shall be required every five (5) years with 1995 being the
year from which said required period commences and the year 2000 being
the first “test” year. If such test is not performed by July 1 of the test year, or
the test results show the water to be bacteriologically unsafe, use of such
well shall be immediately discontinued. Such unsafe well shall be
permanently sealed within 90 days of notification to abandon by the Utility.
Failure to permanently seal such well shall subject the owner of the premises
where such well is located to the penalty section of this subchapter.
SECTION 3: The several sections of this ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect
the validity of all other provisions, sections, or portion thereof of the ordinance which
shall remain in full force and effect. Any other ordinance whose terms are in conflict
with the provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 4: This ordinance shall be in full force and effect from and after its passage
and publication.
Ord. #964
PASSED AND APPROVED THIS 14th DAY OF JULY , 1998.
CITY OF MUSKEGO
__________________________
David L. De Angelis, Mayor
ATTEST: First Reading: 6/23/98
____________________________
Clerk-Treasurer Published on the 23rd day of
July, 1998
6/98jep