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:
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City Clerk
Summary of Ordinance Published
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First Reading: April 8, 2025
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