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.