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ORD1998964COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #964 AN ORDINANCE TO AMEND §28.05(2)(a) and §28.05(4)(c) OF CHAPTER 28 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WAUKESHA, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1. Section 28.05(2)(a) of Chapter 28 of the Municipal Code of the City of Muskego, Wisconsin is hereby amended to read as follows: 28.05(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 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. 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 Ord. $964 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 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 SECTION 2 Section 28.05(4)(c) of Chapter 28 of the Municipal Code of the City of Muskego is hereby amended to read as follows: 28.05(4) USE OF PRIVATE WELLS UPON CONNECTION TO MUNICIPAL WATER SERVICE c) 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 discontinued. 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 SECTION 3: 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 are hereby repealed as to those terms that conflict. SECTION 4: This ordinance shall be in full force and effect from and after its passage and publication. Ord. #964 1 . PASSED AND APPROVED THIS 14th DAY OF JULY , 1998. CITY OF MUSKEG0 e David L. De Angelis, Mayor ATEST. First Reading: 6/23/98 Published on the 23rd day of July, 1998 6198jep " .. ..I " , c ) ss. Milwaukee County ) Official Notice and ~~E.os(~)Ic) OF C~LWTER ZE OF TEE AN ORDINANCE TU AMEND 126.05(2)(n) MUNICIPAL CODE OF TEE CITY OF r.rI7SYFP.n .- .. - - -. " - MUSKEGO. WAUKESHA. WISCONSIN, DO THE COMMON COUNCIL OF THE CITY OF ORDAIN AS FOLLOWS: the Municipal Code of the City of Muskego. Wis. SKlWLL Section 28.05(2)(a) of Chapter 28 of consin is hereby amended to read fallowus. 28.05(21 MANDATORY HOOKUP occupied and aervieed or capable of being serviced a) The owner of each parcel of land presently by such water system shall be hooked up to the water system within 30 days afier notification by the Committee If unoccupied. hookup shall be before occupancy. Such mandatory hookup shall apply to all buddings located within the City capa- ble of being aerved if said property is not aerved by a private well which tests "safe" according to stan- dards of the Wisconsm State Department of Natur- al Resources and the Waukesha County Health Department, and to dl new construction. and dety, the City does require buildings used for lb assure preservation of public health. comfort human habitation and located adjacent to a water man. or in a block through which the water system is extended. to be connected with said *yetem in the manner prescribed. If any person fails to comply for more than 10 days aRer notice in writing, the City may impose a penalty or may cause connect~on to be made, and the expense thereof shall be assessed as B special tax agamrt the property. The owner work. file a written option with the City Clerk stat. may. within 30 days aRer the completion of the ing that he or she cannot pay the amount in one sum and arkmg that It be levled m n0t.t~ exceed 5 equal annual installments. and the amount shall be 80 collected with interest at a rate not to exceed 15% per year from the completion of the work. the costs may, at the City's option. be placed on the tax unpaid belanee to be B speeml tax lien. All such roll ag a special charge pursuant to Wisconsm Statutes 866.60(16). The omcrs of property whose wells test "safe" and whose properties are capable of bemg served by Municipal Water shell on or before July 1, corn- mencing the first test year following the year said Public Utilities Committee test resulta performed property is capable of baing served:file with the by the Waukesha County Health Depanment or recognired~private testing laboratory. showtng that the water from such well i8 baetinologieally safe. Testing such well shall be.perfarmed.by B person working for the testing labratory fmm a sample obtained (rm the well and he shall certify the test results. If B well test indicates eontaminatioo. chb Mation or other methods may be taken to correct the pmblem. Aaecand well test muat be taken with- in 60 days. lfthst test indicatss"cantaminatlon. the 60 days. If that t+st indicites no contamina. property'must be eonoCckd to the water system .hall be required every five (5) years wth 1995 tion, no further action is necessary Such well tests being the year from whlch said required penod commence^ and the year 2000 being the firsf "test" year. If such test is not performed by July 1 of the test year, or the test results show >he water to be bacteriologically unsafe. use of aueh well shall be immediately disconnected and the property imme- diately connected to the Municipal Wakr System. such well ahall be permanently sealed with- in 90 days of notification to abandon by the Utility ~sil~re IO permanently seal such well shsll subject the owner of the premises where such well is locat. ed to the penalty section ofthis aubchapter. Section 28.05(4Xcl of Chapter 28 of the Municipal Code of tbe City of Muskego is here- by amended to read as follows: 28.05(4) USE OF PRIVATE WELLS UPON CONNECTION TO MUNICIPAL WATER SER- ."rn "1L.Y c) Such well testa 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?uch test iB not pr- formed by July 1 of the teat year. or the test resulte ahow the water to be bscteriologicelly unsafe. "Be of such will shall be lmmedietely discontinued. Such unsafe well shall be permanently aealed within 90 daya of notification to abandon by the Utility. Fail- YTB to permanently ad such well shall subject the owner ofthe premises whera such well is located to the penalty section of this mubchapter. The several sections of this ordi- ~POSC am declared to be severable. Ifany mection 01 court of competent jurisdiction to be invalid. unlaw. portion thereof shall be declared by a decision of a ful, or unenforceable, such decision shall apply only to the apeeifie aection or portion thereof directly of all other provisions. sections. or portion thereof specified5 the decision. and not affect the validity and effect. Any o.her ardinaose whoae terms are in of the ordinance which shall remain in full force hereby repealed as to those terms that conflict conflict with the provisions of this ordinance are This ordinance shall be m full force and eflect from and aRer its paanage and publica- deoose and say that she is an authorized representative of The -~ MUSKEGO SUN, a newspaper published at MUSKEGO, Wisconsin and that an advertisement of which the annexed is a true copy, taken from the said paper, was published therein on ... .... ..... %" .................. ... .... .. ... (Signed). BOOKKEEPER Subscribed and sEbefore this. .d3bd ... day of.. ............... ................ ....) 19 ...% ....... Not& Pklic, Mil My Commission expires.. tion. PASSED AND APPROVED THIS 14th DAY OF CITY OF MUSKEGO Dawd L. DeAngehs. Mayor JULY, 2998. ATTEST. ". I ,"