Loading...
Ordinance #1503 (Sewers)COMMON COUNCIL -- CITY OF MUSKEGO ORDINANCE #1503 AN ORDINANCE TO AMEND CHAPTER 290 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 7 of the Municipal Code of the City of Muskego shall be hereby amended to add 290-7.G.(3) as follows: § 290-7. G. (3) RCA Annual Survey. a) The Utility Clerk shall issue a Reserve Capacity Assessment ("RCA") Survey on an annual basis during the month of April. The survey shall be returned within sixty (60) days of the date fisted in the survey. 1. Any property owner/business owner who does not return the initial survey sent by the Utility Clerk, shall be served by the City with a written Notice stating a second and final request to provide the City with an accurate and updated survey within thirty (30) days of the date listed on the second and final request. 2. The City shall make a good faith effort to provide the survey to the applicable individual(s) and/or properties within the City. Failure to receive a survey does not excuse an individual and/or property from the duty to file a complete and accurate survey with the City. b) Any property owner/business owner who shall fail to return the complete and accurate RCA survey shall be deemed in violation of this Ordinance. 1. Any property owner/business owner in violation shall be subject to forfeiture in an amount not exceeding $124.00. Any property owner/business owner violating any of the provisions of this Section shall become liable to the City for any expense, loss or damage incurred by the City by reason of such violation. 2. Each day in which any violation is continued beyond the date listed in the aforesaid second Notice time limit shall be deemed a separate offense. 3. In addition to the Citation(s) issued for such violation(s), the Utility Clerk may adjust the RCA of the property in violation on an estimated basis based on information, knowledge and belief from his/her independent investigation. Ordinance #1503 2 4. Upon receipt of a complete and accurate RCA survey from the property owner/business owner, and at the discretion of the Utility Clerk, the RCA may be re -adjusted to reflect the updated and correct information. SECTION 2: It is the intent of the Common Council that the provisions of this Chapter are 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 22nd DAY OF APRIL 2025. ATTEST: �A�' City Clerk Summary of Ordinance Published 4125cme r First Reading: April 8, 2025 �, 2025