ORD20021115AMENDED
a COMMON COUNCIL -CITY OF MUSKEGO.ORDINANCE #1115
AN ORDINANCE TO AMEND CHAPTER 11,SECTION 11.06,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Refuse/Recycling -Annual Budget/Method of Payment of Charges)
THE COMMON COUNCil OF THE CITY OF MUSKEGO,WAUKESHA COUNTY,
WISCONSIN DO ORDAIN AS FOllOWS:
SECTION 1:Chapter 11,Section 11.06,of the Municipal Code of the City of Muskego
is hereby amended to read as follows:
11.06 ANNUAL BUDGET AND METHOD OF PAYMENT OF CHARGES-
REFUSE/RECYCLING
(1)On an annual basis and prior to November 1st of each year,the Finance Director shall
prepare a Refuse/Recycling budget.The budgeted expenditures shall be incorporated
into the annual refuse/recycling user rate review.The budgeted revenues shall be
sufficient to cover projected costs of the contracted service.The rates shall be set
annually by resolution of the Common Council.
..(2)Refuse/Recycling service charges may be billed monthly,bi-monthly or quarterly and will.be billed in the period after which services are received.Charges shall be payable at the
City ClerklTreasurer's office or at any other officially designated location.Statements for
such charges in accordance with this chapter shall become due and payable within 30
days from and after the date of the statement.In the event that any such statement or
statements are not paid when due,a penalty of 1%per month will be added thereto
(3)Billing:The property owner is held responsible for all Refuse/Recycling bills on premises
that he owns.All Refuse/Recycling bills and notices of any nature,relative to the
Refuse/Recycling service,will be addressed to the owner and/or occupant and delivered
to the addressee by first class mail.
(4)Failure to Receive Bm No Penalty Exemption:Every reasonable care will be exercised in
the proper delivery of Refuse/Recycling bills.Failure to receive a Refuse/Recycling bill,
however,shall not relieve any person of the responsibility for payment of Refuse/Recycling
rates within the prescribed period,nor exempt any person from any penalty imposed for
delinquency in the payment thereof.
(5)Delinquent Accounts:
(a)On or before October 1 of each year,the Finance Department shall furnish the City
ClerklTreasurer with a listing of all lots or par~els for which Refuse/Recycling charges
are still owed for service provided in the year preceding October 1st..(b)On or before October 15 in each year,the City ClerklTreasurer shall give notice to the
II'owner or occupant of all lots or parcels of real estate for which payment is owed and in
arrears at the time that the notice is given.Such notice shall be in writing and shall
state the amount of such arrears,including any penalty assessed pursuant to the rules
of the City.The notice shall also state that unless such arrears,with any such added
CM
Ord.#1115 Page 2
penalty,is paid by November 1,thereafter a penalty of 10%of the amount of such
..arrears will be added thereto and that unless such arrears,with any such added.penalty,shall be paid by November 15,thereafter,the same will be levied as a special
charge against the lot or parcel of real estate to which Refuse/Recycling service was
furnished and for which payment is delinquent.Such notice may be served by
delivery to either such owner or occupant personally or by letter addressed to such
owner or occupant at the post office addresses of such lot or parcel of real estate.
Failure to serve or receive such notice,however,shall not relieve any person of the
responsibility for payment for services that have been furnished,nor exempt any
person from any penalty imposed for delinquency in the payment thereof,nor exempt
the property from imposition of a lien as provided herein.
(c)On November 16,the City Clerk/Treasurer shall certify and file a list of all lots or
parcels of real estate,giving the legal descriptions thereof,for which the owners or
occupants were given notice of arrears in payment as above specified and for which
arrears still remain unpaid.The list shall state the amount of such arrears together
with the added penalty thereon as herein provided.Each delinquent amount including
penalty,shall thereupon become a lien upon the lot or parcel of real estate to which
the service was furnished and payment is delinquent as provided in Wisconsin Statute
966.0627.The delinquent special charge shall be included in the current or next tax
roll for collection and settlement under Wisconsin Statutes Chapter 74.
(6)Charges for Refuse/Recycling service shall begin on the date a residential building
receives an Occupancy Certificate.
.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,
publication,and January 1,2003.
PASSED AND APPROVED THIS 27TH DAY OF AUGUST,2002
JfYtdiU~
Mark A.Slocomb,Mayor
ATrEST:First reading:8/13/02
rK!1 ~Pub
.
.lished this 5th day of September,
rk-Treasurer 2002
It 8/2002jm
.
.
.COMMON COUNCIL -CITY OF MUSKEGO.ORDINANCE #1115
AN ORDINANCE TO AMEND CHAPTER 11,SECTION 11.06,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Refuse/Recycling -Annual Budget/Method of Payment of Charges)
THE COMMON COUNCil OF THE CITY OF M KEGO,WAUKESHA COUNTY,
WISCONSIN DO ORDAIN AS FOllOWS:
SECTION 1:Chapter 11,Section 11.06,of t
is hereby amended to read as follows:
11.06 ANNUAL BUDGET AND PAYMENT OF CHARGES-
REFUSE/RECYCLING
1 of each year,the Finance Director shall
udgeted expenditures shall be incorporated
review.The budgeted revenues shall be
contracted service.The rates shall be set
ncil.
-.(2)Refuse/Recycling service ch ges be billed monthly,bi-monthly or quarterly and willItbebilledintheperiodafterichse.es are received.Charges shall be payable at the.
City ClerklTreasurer's offic or at any other officially designated location.Statements for
such charges in accorda with t is chapter shall become due and payable within 30
.days from and after the ate 0 h statement.In the event that any such statement or
statements are not paid hen u penalty of 1%per month will be added thereto
Id responsible for all Refuse/Recycling bills on premises
ycling bills and notices of any nature,relative to the
e addressed to the owner and/or occupant and delivered
ail.
(4)Failure to Re ve Bill No Penalty Exemption:Every reasonable care will be exercised in
the proper d very of Refuse/Recycling bills.Failure to receive a Refuse/Recycling bill,
however,shall not relieve any person of the responsibility for payment of Refuse/Recycling
rates within the prescribed period,nor exempt any person from any penalty imposed for
delinquency in the payment thereof.
(5)Delinquent Accounts:
(a)On or before October 1 of each year,the Finance Department shall furnish the City
ClerklTreasurer with a listing otall lots or parcels for which Refuse/Recycling charges
are still owed for service provided in the year preceding October 1sl.
.
.
(b)On or before October 15 in each year,the City ClerklTreasurer shall give notice to the.owner or occupant of all lots or parcels of real estate for which payment is owed and in
!!!I'f arrears at the time that the notice is given.Such notice shall be in writing and shall
state the amount of such arrears,including any penalty assessed pursuant to the rules
of the City.The notice shall also state that unless such arrears,with any such added
Ord.#1115 Page 2
.
.
penalty,is paid by November 1,thereafter a penalty of 10%of the amount of such
.,arrears will be added thereto and that unless such arrears,with any such added
penalty,shall be paid by November 15,thereafter,the same will be levied as a tax
against the lot or parcel of real estate to which Refuse/Recycling service was
furnished and for which payment is delinquent.Such notice may be served by
delivery to either such owner or occupant personally or by letter addressed to such
owner or occupant at the post office addresses of such lot or parcel of real estate.
Failure to serve or receive such notice,however,shall not relieve any person of the
responsibility for payment for services that have been furnished,nor exempt any
person from any penalty imposed for delinquency in the payment thereof,nor exempt
the property from imposition of a lien as provided herein.
(c)On November 16,the City ClerkfTreasurer shall certify and file a list of all lots or
parcels of real estate,giving the legal descriptions thereof,for which the owners or
occupants were given notice of arrears in payment as above specified and for which
arrears still remain unpaid.The list shall state the amount of such arrears together
with the added penalty thereon as herein provided.Each delinquent amount including
penalty,shall thereupon become a lien upon the lot or parcel of real estate to which
the service was furnished and payment is delinquent.The City ClerklTreasurer shall
insert the same as a tax against such lot or parcel of real estate.All proceedings in
relation to the collection of general property taxes shall apply to said delinquent tax if
the same is not paid within the time required by law for payment of taxes upon real
estate.
(6)Charges for Refuse/Recycling service shall begin on the date a residential building
t receives an Occupancy Certificate.
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.
PASSED AND APPROVED THIS -DAY OF ,2002
Mark A.Slocomb,Mayor
ATTEST:First reading:8/13/02
"Published this -day of September,"Clerk-Treasurer 2002
8/2002jm
STATE OF WISCONSIN)Suzanne Sobczyk being duly sworn,doth depose and
)ss..say that she is an authorized representative of The
~Milwaukee County)MUSKEGO SUN.a newspaper
published at MUSKEGO,
Officiat Notice Wisconsin and that an advertisement of which the anne~
AMENDED
"
.is a true copy,taken from the said paper,was published
COMMONCOUNCtL .CITY OF MUSKEGO th .
OJll)INANCE'1U5 erem on
AN ORDINANCÊ TO J.MEND CHAPTER 11,
SECTIONll.06,OFTHE~CIPALCODEOF ...........................
THE CITY OF MusKEGO S(Be~t^or=~ethodOf ....5efT..c...5..,~.~.....
THE COMMON COUNCIL OF THE CITY OF
MUSKEGO"WAUKESHACOUNTY,WISCONSIN
DO ORDAIN AS FOLLOWS:
'SECTION 1:'Chapter 11,Section 11.06,of the .................................................
Municipal Cod"of the City of Muskego ia hereby
ameïided to reàd 88 folloWil:
11.06 ANNUALBUDGETAND.METHODOF ,.................................
PAYMENT OF CHARGES-REFUSEIRECYCLING(1)on an annUal basia and prior to November !
1~of èach year,the Finarice Director shall prepare
a
.
RefwIe/Rec:ycli
..
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.
..
b.udge
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'The
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udgeted
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.
'expen
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ture..,hall be incorporated into theiUmual ~.'refuMfrecyclinguser rate review.The bud~rev-,.
.:enuesshallbe 8
.
ufticienttocoverprqjected
.
cøøtøof (SIgned).................
the coa.tracted øervice.The rates shall be set annu-,EPER
ally by l'e8Olutiòn of the Common Council.
(2)'Reru.elRecycling service charges may be Jo-
,.billed'monthly,bi-monthly or quarterly and will be S bscn'bed d swo to m b c.thi J I +--d
'bill'ed '<L .odafte hi h .U an rn e elore s..ay
,m ...e pen r w c services are SreceivecLChargesshallbepaysbleattheCityOf hP.:t.ç:..~\.~,20Q.b
Clerlrll'reasurer's oftice or at any otherotncia1ly.
desigDa~location.Statements for such ~in
!lccordance with thia chapter shall become due and ß ^-n _.-ß ^
.a::::::::
payable within 80 days from and after the date of ........~~......H"rc'~...........,
tbe statement.In the êvent that any such state-Notary Public Milwaukee County Wisconsin
ment or statements are not paid when due,a pen!ll-'
ty of 1%per month will be added thereto .APR 1 S 2003(8)BilliDg:The property.owner ia held reøponøi-My Comml'ssl'on expI'res
ble for ~Refuse/R.ecyclibillø onpremiøeø that
...........................
,he owns.All Rèfuøe/Recycling bills and notioeø of (c)On November 16,~.City Clerlrll'reasurer
i any natùre,relative to the RefùøelRecyclingservice,shall certify ~d file a liat of ~~or pareelø of
j will be addreøøed.to the oWner andloroccupant and ~estate,glvmgthe legald~ptio~s thereof,fot
~.delivered to the addresøée by first claøømail;'which the owners or occu~tswere given notice of
,(4)Failure to Receive Bill No Penalty Exemp-arrearsinpaymentaøabovespecifiedandforwhich
~tion:Every reasonable cere will be exerciaed in the arre.ars still remain unpaid.The liat øJuill státe the
,próperde1ivetyofltêfuøelReCyel4\gbillø.Failure to amount ofsuch arrears together:with theadded
reeeive,,!I:R,e~bill,however,shall not .penaltythe~8Iì ~rein,Provided.Each delin-
relieve!ãñy-person of.the responøibihiylırpí1~t .~quentam~t includiug penalty,shall thereupon
of RefuøeIRecyc1in rates within the preøcrib'Eid i .become a lien upon the lot C!1'parcel of real estate to
pt!I'ÌOd>nqrexempt any person from anY penalty i w~the service w~f't1n;úahed and payment ia
imposed for delinquency in the payment tbereof.
..delinquent as.proVIded.m W"18COnsinStatute
.'(5)Delinquent ACcounts:.166;0627.The delinquent special charge shall be
(a)Ön or before October 1 ,of each year,the included in the current or next turoU for coUection
Finànce D!lPartment shall futnishthe.City and settlement under W"18CO118ÌnStatutes Chapter
ClerkJTreaøurér with a listing of all lots or patcelø 74....'
.
.'
-for which RefuøeIRecyc1in ~are Ìltill owed '.
(6)Charges for ~service øJuill
for service provided in the year preceding October begin on the date a,residential bllildingrèceivesan
1st..',Occupancy Certificate.'
(b)OnOnor before October 15 in each year,the City S~ON 2:The øeveralsectionø of thia Qrdi.
Clerlrll'reasurer øhãll give notice to the owner or nanee are declered to be severable.If any section or
occupant ofofalllotø or parcels ,of real estate for portion thereof shall be declared.by a dl!ciøion of a
which payment ia owed and in arrears at the time court ofcompetentjuriødiction to be invalid,unlaw-
that the notice is given.Such notice shall be in writ-CuI,or unenforceable,such decløion shall apply only
ing and shall state the amqunt of.'such.~:to the specific section or portion thereof directly
including any penalty asøeøøed plirsuant'to the specified in the deciaion,and not affect the validity
rules of the City.,The.ngtÏóe shall also state that of all other proviaionø,sections,or portion thereof of
'
unless such arrears.with any ,uch added penalty,the Ordinance which shall remain in fuU force and
ia paid by November I,~a penalty of 1()%effect.Any other ordinance whose terms are in con-
of the IIlIIOUJltoføuch arrears Willtie added theretO tlict with.the proviaionøof this Ordinance ia hereby-.-repealed as to those terms that conflict.
'
andtb.âi~øuê:harrears,WitIíåa1'~acldeéî",..
SECTION 8:Thia o~shall be in ~f~rce
penalty,8ball be pUd by November 15,thèreafter,.
and effect from and after Its p888!lge,publication,
the laIIIe will be levW 88 a øpecia1 charae qainøt
,and January I,2003..'
the lot or parcel ofreal estate.to which RefuseIRecy-.PASSED ANDM'PR0VED THIS 27TH DAY OF ,
cling service Waf fun)isbed and for which payment '
AUGUST,2002 .
iadelinqueìlt.Such notice may be served by deliv-Mark A.Slocomb,Mayor
ery to èither such owner or occupant personally or ATl'EST:-.
by letter addreøøed to sùcl1 owner or occupå11tat the Clerk-~urer
poøtoftice addreøøes of such lot or parcel of real
estate.Failure to serve or réceive such notice,how-
ever,shall not relieve any person of the reøponøibil-
ity for pà.yment for servjceøthat have been fùt.
nished;nor exempt any person from.any penalty
,impoøed for delùiquency in the payment theteof,,
:nOr exempt the property from imposition of a lien as ~
provided herein.,'~'