ORD20191429-Sewers-Final
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1429
AN ORDINANCE TO AMEND CHAPTER 290
SECTIONS 290-7 G.(1) AND 290-19 A.
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Sewers)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS
FOLLOWS:
SECTION 1: Chapter 290, Section 290-7 G.(1), of the Municipal Code of the City of Muskego,
is hereby amended to read as follows:
G. Reserve capacity assessments. There is hereby levied and assessed upon each lot or
parcel of land currently within the City but not having an existing connection to the
sewerage system and upon land subsequently attached to the City a reserve capacity
assessment (RCA). Such RCA charge shall be payable as herein provided and shall be on
the basis of one RCA charge for each residential equivalent connection connected to the
sewerage system. The number of residential equivalent connections shall be calculated in
accordance with Appendix A.
(1) For the purpose of this chapter, sewer reserve capacity assessments in the City shall be
classified as existing users and future users.
(a) Existing users.
\[1\] Property owners whose improved lot has been connected to City sewer prior to January 1,
1985, will pay a reserve capacity assessment of $250 per residential equivalency
connection.
\[2\] Properties being served prior to public sewer connection by septic systems, mounds and
holding tanks will pay this assessment on or before November 1 in the year the plumbing
permit is obtained to connect to the sewer, except that if said permit is obtained after
November 1 in any calendar year, the assessment will be paid on or before November 1 of
the next calendar year. This assessment of $250 shall increase by $22.50 per residential
equivalency connection per year, commencing January 1, 1986.
(b) Future users.
\[1\] Properties where public sewer connection takes place or additional capacity is made
available after January 1, 1985, and which are not being served by a septic system,
mounds or holding tank will pay a reserve capacity assessment of $1,500 per residential
equivalency connection on or before November 1 of the year of connection or the year
when additional capacity is made available, except that if said connection or additional
capacity is made available after November 1 in any calendar year, the assessment will be
paid on or before November 1 of the next calendar year. This reserve capacity assessment
will increase by $135 each January 1 commencing on January 1, 1986.
\[2\] The number of residential equivalency units for all categories of future users for reserve
capacity assessment purposes shall be determined upon final building inspection, as a
result of possible revisions made to the building by the developer from the time of the
Ord. #1429 2
issuance of the building permit to the time of final inspection, which determination may be
appealed to the City of Muskego Public Works and Safety Committee within 60 days of
said determination. All determinations of the number of residential equivalency units shall
take into consideration potential future use and necessary capacity.
\[3\] Upon request, the City Engineer can provide an estimate at the time of issuance of a
building permit on the number of residential equivalency units for all categories of future
users for reserve capacity assessment purposes. This is an estimate only which is not
binding on the City and which developer shall rely on at its own risk.
SECTION 2: Chapter 290, Section 290-19 A., of the Municipal Code of the City of Muskego, is
hereby amended to read as follows:
290-19 Violations and penalties.
A. Any person who fails to comply with any of the provisions of this chapter or with an order of
the approving authority issued in pursuance of this chapter, or shall tamper with metering
or sampling, shall be liable to the City for any expense, loss or damage occasioned by
such violation, including reasonable attorney fees and other expenses of litigation, and
upon conviction of any violation of this chapter shall be fined not less than $100.00 nor
more than $5,000.00 per violation, plus damages. Each day a condition is allowed to exist
which is contrary to all or any part of this chapter shall constitute a new violation. Change
of ownership or occupancy of premises delinquent under the provisions of this chapter
shall not be cause for reducing or eliminating charges due and penalties for violations.
SECTION 3: The several sections of the 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 4: The Ordinance shall be in full force and effect from and after its passage and
publication.
th
PASSED AND APPROVED THIS 28 DAY OF, 2019.
CITY OF MUSKEGO
_______________________________
Kathy Chiaverotti, Mayor
ATTEST: First Reading: May 14, 2019
_________________________
Clerk-Treasurer
5/2019
Newly Enacted Ordinance Published: June 5, 2019