ORD1993786Y
0
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #786
AN ORDINANCE TO AMEND SECTION 28.05(4)(e),
CHAPTER 28, OF THE CITY OF MUSKEGO CODE
(WATER-UNSAFE WELLS)
WISCONSIN, DO ORDAIN AS FOLLOWS:
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA COUNTY,
SECTION I: Section 28.05(4)(e) of the Municipal Code of
the City of Muskego is hereby amended to read as follows:
(e) Permanent Abandonment Procedure. Owner intending to
permanently abandon well will notify the Utility of
the date of the intended abandonment. Persons
registration fee to the Building Inspection
intending to abandon a well shall pay a $30
Department, fill out a registration form and DNR Form
#3300-5W and/or any other similar or replacement forms
that may be in use from time to time. The DNR form or
forms shall be completed and properly filed and a copy
of said completed form filed with the City of Muskego
Building Inspection Department within 30 days of
DNR form or forms to the Building Inspection
receipt of said form. Failure to return the completed
well not being abandoned. The Utility will be
Department within the time required will result in the
permitted to fully inspect the entire process of
abandonment. Owner will comply with NR 112.26,
Wisconsin Administrative Code. In the event the Owner
of a private well that has tested unsafe or has failed
to obtain well permit refuses or neglects to
permanently abandon said well on or before September 1
may, without notice, enter upon Owner's property and
of each year, the Utility or its agents or contractors
permanently seal said well in accordance with NR
thereof shall be presented to the City Treasurer who
112.26, Wisconsin Administrative Code, and the cost
charge pursuant to State Statute 566.60 (16),
shall place said amount on the tax roll as a special
Wisconsin Statutes. Any person who shall attempt to
Utility shall be subject to the requirement of
abandon said well without having first notified the
furnishing the Utility proof of property compliance
with NR 112.26, Wisconsin Administrative Code. In the
event owner is unable to furnish satisfactory proof to
the Utility that said well was properly abandoned
under said Administrative Code provision, the Utility
shall have the right to enter upon the property and
perform all necessary tasks to verify that the
abandonment of said well was done under the
Ordinance #786 pwe.
Administrative Code procedure and specifications. Any
and all costs incurred by the Utility in permanently
sealing said well shall be presented to the City
Treasurer who shall place said amount on the tax roll
as a special charge pursuant to State Statute
§66.60(16), Wisconsin Statutes. Any future
additions, amendments, revisions or modifications of
or future successors to said section, are also
the current NR 112.26, Wisconsin Administrative Code,
incorporated herein by reference.
declared to be severable. If any section or portion thereof
shall be declared to be invalid, unlawful, or unenforceable,
portion thereof directly specified in the decision, and not
such decision shall apply only to the specific section or
affect the validity of all other provisions, sections, or
portion thereof of the ordinance which shall remain in full
conflict with the provisions of this ordinance are hereby
force and effect. Any other ordinance whose terms are in
repealed as to those terms that conflict.
SECTION 2: The several sections of this ordinance are
effect from and after its passage and publication.
SECTION 3: This ordinance shall be in full force and
PASSED AND APPROVED THIS 9TH DAY OF MARCH, 1993.
CITY OF MUSKEG0
U-d &L-
WAME G. SALENTINE, Mayor
First Reading 2/23/93
ATTEST:
MARENDA, City Clerk Published on the 18th
day of March , 1993.
J
S~IAlt Uk NI~tiUflMfl J
) 55.
Milwaukee County )
Off iceotice
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE f786 AN ORDINANCE TO AMEND SECTION
28.05(4Ne~.C~R28.0FTHECI~OF
... ..
OF MUSKEGO. WAUKESHA COUNTY,
THE COMMON COUNCIL OF THE CITY
WSCONSW, DO ORDAIN AS FOLLOWS:
SECTION I: Section 28.05(4)(e) of the
Municipal Code of the City of Muskego is
hereby amended to read as follows:
Owner intending to permanently abandon
(e) Permanent Abandonment Procedure.
wellwillnotifytheUtilityofthedateofthein-
tended,abandonment. Persons intending to
abandon a well shall pay a $30 registration
fill out a registration form and DNR Form
fee to the Building Inspection Department,
plawmentformsthatmaybeinusefmmtime
#3300-5W andlor any other similar or re-
to time. The DNR form or forms shall be mm-
pleted and properly filed and a wpy of said
campleted form filed with the City of Mu-
skego Building Inspection Department
within 30 days ofreceipt ofsaid form. Failure
toreturnthecompletedDNAformmformsto
the Building Inspection Department within
the time required will result in the well not
being abandoned. The Utility will tie permit-
ted to fully inspect the entire,proeess of aban-
Wiewnsin Administrative Code. In the event
donment.OwnerwillcomplywithNR112.26, "
the'Owner ofa private well that has tested
unsafe or has failed to obtain well permit re-
fuses or neglects to permanently abandon
year, the Utility or its.apnta or wntractms
said well on or before September 1 of each
may, ~ithout notice. .:+&3&,@wner'a
prom and permanerity'~~&+d''kell in
ni&%ti6r;ide. and th%&ic&%iihall be a&dnnmwi+NR 112.26;Wi~ismrknAdmi-
presented to the City Treaeurer who shall I
chage pursuant to State Statute 8 66.60
place said amount on the tax mll as a special '
shall attempt to abandon said well without
(E), Wiswnsin Statutes. Any person who
having first notified the Utility shall be sub.
jeettothe~quirementoffurnishingtheUti1-
ity proof of property eomplience with NR
the event owner is unable to furnish satisfac-
112.26, Wisconsin Administrative Code. In
tory proof to the Utility that said well was
properly abandoned upder said Administra-
tive Code provision; the Utility shall have the
right to enter upon thepmperty and perform
dopment ofsaid well was done under the Ad-
all necessary tasks to verify that the aban-
ministrative Code procedure and specifica-
tions. Any and all wsts incwred by the Util-
ity in permanently sealing said well shall be
place said amount on the tax roll as a special
presented to the City Treasurer wh6 shall
charge PursuanttoStateStatute § 66.60(16).
Wisconsin Sktutes. Any future additions,
amendments, revisions or modifications of
strativeCode,orfuturesuewssarstosaidsee-
the current NR 112.26, Wiswnsin Admini-
tion, are also incorporated herein by
*ofmmnr,?
I
. ~.
JUUtLll &IVInvrrew -
dolh depose and say lhal he is an aulhorized representative of
The ... Muskcg 0. S t111. ........................
a newspaper published at.. . Nuskego. ..............
Wisconsin and that an advertisement 01 which the annexed is a
Bue copy, taken from said paler. was published lherein on
...........................
...........................
.... - ajq93. ..........
...........................
...........................
(Signed).
BOOKKEEPER.
Subscribed and
01 .................
my Public. MilrovLe. County Wisconsin
MY Commission expires: ...... .APRIL. 3 1. . ,1933 .
terms that conflict. SECTION 3: This ordinance shall be in full
force and effect hm and aRer ita passage and
publication. PASSED AND APPROVED THIS 9TH DAY
OF MARCH, 1993.
WAYNE G. SALENTINE, Mayor
'CITY OF MUSKEGO
First Reading 2/23/93
AITEsT:
/d Jean K Marenda
City Clerk Published on the 18th
day of March, 1993.