ORD1972211ORDINANCE 11211
(As Amended)
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AN ORDINANCE TO REPEAL AND RECREA TE SEC. 3.10) CHAPTER 3
OF THE MUNICIPAL CODE
(Re: Sewer Service Charges)
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THE COMMON COUNCIL OF THE CI TY OF MUSKEGO, WISCONSIN, DO
ORDAIN AS FOLLOWS:
SEC. 1. Sec. 3.10 of Chapter 3 of the Municipal Code is
hereby repealed and recreated to read as follows:
3.10 SEWERAGE SERVICE CHARGES
(1) DEFINITIONS: For the purpose of this ordinance the terms
"sewage", "industrial waste", "sewerage system" and "sewerage service"
are defined as follows:
Sewage: The water-carried waste caeated in and to be conducted
away from residences, industrial, commercial and business
premises, public buildings, as defined in Section 101.01
of the Wisconsin Statutes, and other structures and premises
with such surface or drain water as may be present.
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Industrial Wastes:
Those particular liquid or other wastes resulting from
any process of industry, manufacture, trade or business
or the development of any natural resource. Waste from
dry cleaning establishments, laundries and auto wash
establishments shall be considered industrial waste.
Sewerage System:
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All street lateral, main and intercepting sewers, pump
stations, force mains, and structures by which sewage
or industrial waste is collected, transported, treated
and disposed of, whether such sewers conduct sewage to
a local City of Muskego treatment plant or connect with
the Metropolitan Sewerage System. This shall not include
plumbing inside or in connection with buildings served
or service sewers from a building to the street lateral.
Sewerage Service:
The use of an benefit from the sewerage system, including
the collection, transportation, pumping, treatment and
final disposition of sewage.
(2) INDUSTRIAL WASTES. DELETERIOUS SEWAGE:
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(a) No industrial wastes shall be discharged, either
directly or indirectly, into the sewerage system without
the prior written approval of the Council. No sewage,
including industrial wastes, shall contain any substance
which is deemed deleterious by the City Engineer to the
operation of the sewerage system) nor shall any sewage
be discharged into the sewerage system, the discharge of
which into the sewers controlled by the Metropolitan
Sewerage District is prohibited by the provisions of
Article XI of the Rules of the Sewerage Commission of
the City of Milwaukee and the Metropolitan Sewerage
Commission of the County of Milwaukee.
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(b) If a user of the sewerage system discharges prohibited
sewage, he shall be given written notice to cease the pro-
hibited discharge. If, after ten day's notice, such user
continues the prohibited discharge, he shall be subject
upon conviction to the penalty provided for violation of
this ordinance.
(c) The City Engineer, being guided by the standards adopted
in Article XI of the Rules of the Sewerage Commission of the
City of Milwaukee and the Metropolitan Sewerage Commission
of the County of Milwaukee, may require the owner, operator,
or tenant of any industrial plant or other establishment
discharging, or proposing to discharge, industrial wastes
into the sewerage system to provide at such users' expense
such preliminary treatment or handling facilities as may
be necessary to reduce or modify the objectionable character-
istics or constituents of such industrial waste, or to control
the quantity and rate of discharge of such industrial wastes,
provided, however, that the Council may direct that industrial
wastes be accepted without pretreatment or other handling by
the industrial users of the sewerage system, and may provide in
lieu thereof for an additional charge to meet the additional
cost of the city's acceptance of such untreated sewage.
CONNECTION TO THE SYSTEM:
(a) It shall be the duty of the owner of any building which
can be occupied by human beings and located adjacent to a
municipal sewer main, to connect said building to the municipal
sewer main within nine (9) months after the municipal sewer main
has first become operational or if an immediate health hazard
exists upon prior notice of not less than 30 days by plumbing
inspec tor.
(b) All connections shall be made in accordance with the
Rules and Regulations governing sewer service enacted by the
City of Muskego and the City Plumbing Code.
(c) In the event that any owner shall not cause the aforesaid
connections to be made within the required time, the City Clerk
shall send by certified mail a notice to the owner. If the
aforesaid connections are not made within ten (10) days after
receipt of said notice, the Common Council may
( 1) collect from the owner a forfeiture of not more than
$100.00 for each day thereafter the aforesaid
connections are not made, and/or
cause the aforesaid connec tions to be ma.de and assess
the expense thereof as a special assessment tax
against the property.
(2)
(d) In the event the Common Council causes the connections
to be made as provided in (b)(2) above, the owner may, within
thirty (30) days after completion of the aforesaid work, file
a written notice with the City Clerk stating that he cannot
pay the cost of the connections in one sum and elects that
such sum be levied in five (5) equal installments, with interest
on the unpaid balance at eight per cent (8%) per annum.
(4)
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(5)
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USE,OF THE SYSTEM:
(a) It shall be the duty of the owner of any building
immediately to install and thereafter maintain in working
condition, a water closet in any building which is occupied
by human beings and connected to a sewer main.
(b) In the event that any owner shall not comply with the
requirements of paragraph (a) above, the City Clerk shall
send by certified mail a notice of the violation to the
owner. If the violation is not corrected within thirty (30)
days after receipt of said notice, the Connnon Council may
(1) collect from the owner a forfeiture of up to
$100.00 for each day thereafter the violation is
not corrected, and/or
(2) cause the violation to be corrected and assess
the expense thereof as a special assessment tax
against the property.
(c) The owner may within thirty (30) days after the Common
Council has caused the aforesaid violation to have been
corrected, file a written notice with the City Clerk
stating that he cannot pay the cost of the aforesaid work
in one sum and elects that such sum be levied in five (5)
equal installments with interest on the unpaid balance
at eight per cent (8%) per annum.
(d) The duty to connect the building to the municipal sewer
main as provided in (a) hereof shall not apply to any building
classified as a sunnner cottage which has no inside plumbing.
A summer cottage shall be a building which is not structurally
designed or built for year-round occupancy.
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SEWER SERVICE CHARGES. RATES:
(a) A sewerage service charge is hereby imposed upon each
lot, parcel of land, building or premises served by the
sewerage system or otherwise discharging sewage, including
industrial wastes, into the sewerage system. Such sewerage
service charge shall be payable as herein provided and
shall be on a family unit basis for residential lots, parcels
of land, building or premises; on a classified and unit basis
for business and commercial lots, parcels o~ land, buildings
or premises, said unit charges being $4.00 per month and on
a uniform service charge basis for industrial lots, parcels
of land, buildings or premises together with a quantity flow
charge for treatment in excess of the maximum gallonage estab-
lished herein.
(b) Users of the sewerage system within the City shall be
assessed upon the basis of the following allocated units:
Single family
Multi-family
Per living qtr.
Vacant Lot
Hotel - Motel
Per unit
Rooming House
(No kitchen facilities)
Per each 2 units
1%
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Tavern
Seating capacity over 50
With Commercial garbage disposal
additional 2 units
Bowling Alleys
(For each pair of alleys)
(þ Garage
Filling Station
Church
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bstaurant
(Seating capacity under 50)
(Seating capacity over 50)
With commercial garbage disposal
additional 2 units
Hall
Office Building
(For each office unit)
r Pos t Office
Telephone Exchange
Barber Shop
Beauty Parlor
Amusement Park
Rest Homes
(Per Unit)
Club House
Refreshment Stand
Funeral Home
Greenhouse
Dry Cleaning
Den tis ts
r Medical/Clinic Offices
Retail Stores, Warehouses, Shops, Banks
(Not open to public) Where No. of
employees does not exceed 5
Where No. of employees exceeds 5
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Retail Stores, Warehouses, Shops, Banks
(Open to public)
Where No. of employees does not
exceed 10
Where No. of employees exceeds 10
Fire House .
Police Department
City Hall
Car Wash
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Laundromat
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(c) The sewerage service charge for schools shall be
$4.50 per year per student enrolled, said service charge
to be payable in quarterly installments of $1.25 per
student. The enrollment shall be determined-by certif-
ication to the City Clerk by the Secretary of the school
board or the school district clerk within one month follow-
ing commencement of each school year disclosing the
enrollment in each school served by the system, and said
enrollment shall relate to the next four quarterly billings
following such certification.
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(d) The Basic Service Charge for each industrial lot,
parcel of land, building or premises used for industrial
purposes shall be $36.00 per calendar quarter.
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In addition to the foregoing Basic Service Charges, a
Quantity Flow Charge of $36.00 for each 100,000 gallons of
sewage discharged into the sewerage system over the max-
imum gallonage of 100,000 gallons per quarter shall be
made for each industrial, business and commercial lot,
parcel of land, building or premises, determined by meter
readings or weir, as herein set forth. Each industrial
user of the sewerage system shall be required to provide
a meter which reflects with reasonable accuracy the
quantitative flow of sewage into the sewerage system
from each of its lots, parcels of land, buildings or
premises, and each business and commercial user shall be
required to provide such a meter whenever the City Engineer
makes a preliminary determination that any such user's
usage of the sewerage system is resulting or may result
in chargeable excess gallonage. If a meter cannot be
installed at a reasonable cost, the industrial, business
or commercial user may elect to have the City Engineer,
or qualified consulting engineer selected by the City,
conduct, at the expense of the industrial, business or
commercial user, a series of weir tests (or other
practicable method mutuamy agreed upon) to determine
the average quantitative flow of sewage from each of its
industrial, business or commercial lots, parcels of land,
buildings or premises into the sewerage system. In the
event of such an election, the City Engineer may conduct
or have conducted such weir tests as frequently as he
deems it necessary to determine a fair average flow, but
no more often than once per year; and the user may request
and pay for a new series of such tests at any time, pro-
vided that the results of such tests must be known prior
to the formulation of the succeeding year's sewerage service
charges in order to be considered in reduction of that user's
Quantity Flow Charge.
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(e) When any combination of uses exist on any of the
premises served by the sewerage system so that the accurate
sewer service rate applicable cannot be readily ascertained
by the provisions of this ordinance, then the Common Council,
after recommendation from the Sewer Committee, shall after
conducting an investigation and considering the pertinent
facts in each case, determine and set the service charge
for such premises by resolution of the Board.
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(f) For each lot, parcel of land or premises for whj...eh/
sewage disposal facilities have been made avai~ab1:ê-~ but
for which no special assessment has been determined
prior to connection with main public sewer, there shall
be levied, assessed and collected a connection charge
based upon the special assessment formula by which other
properties in the same area were assessed for the same
imp rovemen t .
The sewerage service charge for any vacant commercial
building shall be $33.00 per year. Such cha rge sha 11 be-
come effective at the end of the quarterly period in
which such building becomes vacant and only upon the
condition that the owner, or his agent, notifies the
City Clerk in writing of such vacancy and upon inspection
thereof by the Plumbing Inspector to determine that such
Building is vacant. The sum of $5.00 shall be paid by
the owner, or his agent, to the Plumbing Inspector for
such inspection. A request for such inspection shall be
made by the owner, or his agent, to the Plumbing Inspector
and the fee for such inspection shall be paid prior to
such inspection.
It shall be the duty of the owner of any vacant commercial
building to notify the City Clerk in writing within five (5)
days from the date any such building, or any portion thereof,
is re-occupied. The sewerage service charge for the quarter
that any such building, or any portion thereof, is re-occupied
shall be prorated for such quarter on the basis of charges
provided in Section (5) (d) and (e) of this ordinance.
If such owner fails to notify the City Clerk of re-occupancy
of said commercial building, or any portion thereof, as
herein provided then double sewerage service charges shall
be assessed against said building until such notice is re-
ceived. The notice to be given shall describe the premises
involved and the date that the premises are re-occupied.
PAYMENT:
(a) Sewerage service charges shall be assessed and collected
at quarterly intervals to be determined by resolution of the
Common Council and shall be payable to the City Treasurer.
(b) In the event the sewer service charges are not paid
by the date fixed for final payment, a late charge equal
to ten (10) per cent of the amount due shall be assessed
and added to the amount due. All such charges shall be
placed on the next succeeding City Tax Roll and shall be
collected as other taxes are collected.
(c) Sewerage service charges may be prorated where service
is provided for less than a calendar quarter.
CHARGES A LIEN:
All charges established by or pursuant to this ordinance
shall be a lien upon the property served pursuant to Section
66.076 (7) of the Wisconsin Statutes, and shall be collected
in the manner therein provided.
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(8) DISPOSITION OF REVENUE:
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The amounts received from the collection of the charges
authorized by this ordinance shall be credited to a sewer
revenue account which shall shmv all receipts and expend-
itures of the sewerage utility. When appropriated by the
Council, the credits to said account shall be available for
the payment of the costs of operation, maintenance, repairs
and depreciation of the sewerage system, and for the re-
placement of funds advanced by or paid by the general fund
of the City. Any surplus in the account shall be available
for the payment of principal and interest of bonds issued and
outstanding, or which may be issued, to provide funds for
the sewerage system, or part thereof, and all or a 2art of
the expenses for additions and improvements and other
necessary disbursements or indebtedness and the Council
may by resolution pledge such surplus or any part thereof
for any such purpose.
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(9) PENALTY:
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Any person who shall violate any provision of this chapter
or any order, rule or regulation made hereunder shall be
subject to a penalty as provided in Section 25.04 of the
Municipal Code. Imposition of a forfeiture thereunder shall
not preclude the City from maintaining any appropriate action
to enjoin or remove any violation of this chapter.
(10) SEVERABILI TY:
Should any part of this ordinance be held invalid by a
Court of competent jurisdiction, the remaining parts shall
be severable and shall continue in full force and effect.
SECTION 2. All ordinances or parts of ordinances inconsistent
with or contravening this ordinance are hereby repealed.
SECTION 3. This ordinance shall be in full force and effect from
and after its publication and passage.
- PASSED AND APPROVED THIS 8th DAY OF February , 1972.
ATTEST:
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City Clerk
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