ORD20101336-Chapter28
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).
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 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
Ord. #1336 Page 2
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. (Ord. #964; 07-23-98)
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.
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