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ORD20101336-Chapter28-Clean COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1336 AN ORDINANCE TO AMEND CHAPTER 28, SECTION 28.05 (2) (a), OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Mandatory Hookup) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 28, Section 28.05 (2) (a), of the Municipal Code of the City of Muskego is hereby amended to read as follows: (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 tested and 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 in the previous paragraph. 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). SECTION 2: 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 is hereby repealed as to those terms that conflict. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and publication. Ord. #1336 Page 2 TH PASSED AND APPROVED THIS 14 DAY OF DECEMBER , 2010. CITY OF MUSKEGO _______________________________ John R. Johnson, Mayor ATTEST: First reading: 11/23/2010 _________________________ Clerk-Treasurer 11/10jmb Notice of Newly Enacted Ordinance Published: 12/23/2010