City of Lodi, WI
Columbia County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Lodi as §§ 8.07 to 8.10, 19.04, 19.041, 19.042 and 19.13 of the City Code. Amendments noted where applicable.]
GENERAL REFERENCES
Utility Commission — See Ch. 12.
Public works projects — See Ch. 83.
Special assessments — See Ch. 94.
Building construction — See Ch. 127.
Cable television — See Ch. 140.
Impact fees — See Ch. 198.
Sewer use and wastewater disposal — See Ch. 272.
Streets excavations — See Ch. 295.
Subdivision of land — See Ch. 300.

§ 319-1 Collection of delinquent charges.

A. 
Statutory authority; lien. Subject to the requirements and conditions of § 66.0809, Wis. Stats., delinquent bills for utility service furnished by the City and its utilities shall become a lien against the property served and be placed on the tax roll, as provided in said statute.
[Amended 10-10-2006 by Ord. No. A-361]
B. 
Procedure. This section summarizes the procedures set forth in § 66.0809, Wis. Stats., as they exist at the time of adoption of this section. In the event of future amendments to said statute which modify said procedures, the procedures as set forth in said statute as amended shall be followed.
C. 
Body authorized to give notices. The Lodi Light and Water Utility shall give the notice required to be sent on October 15 rather than the City Treasurer.
D. 
October 15 notice. On October 15 in each year, written notice shall be given to the owner or occupant of all lots or parcels of real estate to which utility service has been furnished prior to October 1 by a utility operated by the City and payment for which is owing and in arrears at the time of giving such notice. Such notice shall be in writing and shall state the amount of such arrears, including any penalty assessed pursuant to the rules of such utility; that unless the same 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 utility service was furnished and for which payment is delinquent as above specified. 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 address of such lot or parcel of real estate. If the property served is a rental dwelling unit and Subsection G of this section applies due to the owner of said property having given the required notifications to the utility, then the notice referred to in this subsection shall be given to the owner of the property whether or not notice is also given to the occupant.
E. 
November 16 certification; imposition of lien. On November 16, the Lodi Light and Water Utility shall certify and file with the City Clerk a list of all lots or parcels of real estate, giving the legal description therefor, to the owners or occupants of which notice of arrears in payment was given as above specified and which arrears still remain unpaid and stating the amount of such arrears together with the added penalty as herein provided. Each such delinquent amount, including such penalty, shall thereupon become a lien upon the lot or parcel of real estate to which the utility service was furnished and payment for which is delinquent, and the Clerk shall insert the same as a tax against such lot of parcel of real estate, with collection of said tax to be as prescribed in § 66.0809, Wis. Stats.
F. 
Mobile homes. If an arrearage is for utility service furnished and metered by the utility directly to a mobile home unit in a licensed mobile home park, the October 15 notice shall be given to the owner of the mobile home unit, and the delinquent amount shall become a lien on the mobile home unit rather than a lien on the parcel of real estate on which the mobile home unit is located. A lien on a mobile home unit may be enforced using the procedures under § 779.48(2), Wis. Stats.
G. 
Rental dwelling units.
(1) 
This Subsection G applies only if all of the following conditions are met:
(a) 
Utility service is provided to a rental dwelling unit.
(b) 
The owner of the rental dwelling unit notifies the utility in writing of the name and address of the owner.
(c) 
The owner of the rental dwelling unit notifies the utility in writing of the name and address of the tenant who is responsible for payment of the utility charges.
(d) 
If requested by the utility, the owner of the rental dwelling unit provides the utility with a copy of the rental or lease agreement in which the tenant assumes responsibility for payment of the utility charges.
(2) 
If this Subsection G applies, the utility may use this section to collect arrearages incurred after the owner of a rental dwelling unit has provided the utility with all required notices under Subsection G(1) only if the utility complies with at least one of the following:
(a) 
The utility shall send bills for utility service to a customer who is a tenant in the tenant's own name. Each time that the utility notifies the customer who is a tenant that charges for utility service are past due for more than one billing cycle, the utility shall also serve a copy of the notice on the owner of the rental dwelling unit, which service may be made by mailing said notice to said owner or any other means authorized under § 801.14(2), Wis. Stats. If a customer who is a tenant vacates his or her rental dwelling unit and the owner of the rental dwelling unit provides the utility, no later than 21 days after the date on which the tenant vacates the rental dwelling unit, with a written notice that contains a forwarding address for the tenant and the date that the tenant vacated the rental dwelling unit, the utility shall continue to send past due notices to the customer at his or her forwarding address until the past due charges are paid or until the October 15 notice has been provided under Subsection D hereof.
(b) 
As an alternative to Subsection G(2)(a), if a customer who is a tenant has charges for utility service that are past due, the utility shall serve notice of the past due charges on the owner of the rental dwelling unit within 14 days of the date on which the tenant's charges became past due. Each time that the utility notifies the customer who is a tenant that charges for utility service are past due for more than one billing cycle, the utility shall also serve a copy of the notice on the owner of the rental dwelling unit, which service may be made by mailing said notice to said owner or any other means authorized under § 801.14(2), Wis. Stats. If a customer who is a tenant vacates his or her rental dwelling unit and the owner of the rental dwelling unit provides the utility, no later than 21 days after the date on which the tenant vacates the rental dwelling unit, with a written notice that contains a forwarding address for the tenant and the date that the tenant vacated the rental dwelling unit, the utility shall continue to send past due notices to the customer at his or her forwarding address until the past due charges are paid or until the October 15 notice has been provided under Subsection D hereof.
(3) 
The utility may demonstrate compliance with the notice requirements of Subsection G(2)(a) or (b) by providing evidence, such as a certified or registered mail certificate, of having sent the notice by United States mail.
H. 
Definition. The term "utility service" when used in this section shall include electricity, water and sewer service furnished by the City and its utilities.

§ 319-2 Installation of underground utilities.

[Amended 10-10-2006 by Ord. No. A-361]
All telephone and cable television lines shall be buried in the same trench as the electric lines and at the same time as electric lines are buried in any area of the City in which underground electric service is installed.

§ 319-3 Location of electric and water meters; violations and penalties.

[Amended 5-1-2007 by Ord. No. A-375]
A. 
Electric meters. Electric meters shall be furnished by the Lodi Light and Water Utility and installed by the Utility at such location as determined by the Utility.
B. 
Water meters. Water meters shall be furnished by the Lodi Light and Water Utility and installed by a licensed plumber hired and paid for by the property owner. All water meters shall be located so they will be protected from obstruction and permit ready access for reading, inspection and servicing. Such locations shall be designated in writing prior to installation by the Lodi Light and Water Utility Operation Manager.
C. 
Penalty for violation. Any person maintaining an electric or water meter in violation of this section shall, in addition to any other penalties provided in this code, be required to relocate said meter to an authorized location at the expense of the property owner.

§ 319-4 Water Distribution Mains.

[Amended 7-21-2015 by Ord. No. A-487]
Water distribution mains shall be installed in accordance with § 300-27B.

§ 319-5 Compulsory connection to sewer and water. [1]

A. 
When required. Whenever a sewer or water main becomes available to any building used for human habitation, the Director of Public Works shall notify the owner or his agent by registered mail addressed to the last known address of the owner of his agent.
B. 
Contents of notice. The notice required by this section shall direct the owner or his agent to connect the building to such main or mains in the manner prescribed by the Director of Public Works and to install such facilities and fixtures as may be reasonably necessary to permit passage of sewage incidental to such human habitation into the sewerage system and to furnish an adequate supply of pure water for drinking and prevent creation of a health nuisance.
C. 
Director of Public Works may cause connection at expense of owner. If the owner or his agent fails to comply with the notice of the Director of Public Works within 90 days of service or mailing thereof, the Director of Public Works may cause connection to be made, and the expense thereof shall be assessed as a special tax against the property.
[Amended 10-10-2006 by Ord. No. A-361]
D. 
Installment option. The owner or his agent may, within 30 days after completion of the work, file a written option with the Clerk stating that he cannot pay the cost of connection in one sum and electing that such sum be levied in five equal annual installments, with interest at the rate of 6% per annum from the completion of the work.
E. 
Privies, cesspools, etc., prohibited after connection with sewer. After connection of any building used for human habitation to a sewer main, no privy, cesspool or waterless toilet shall be used in connection with such human habitation.
[1]
Editor's Note: See also Ch. 272, Art. I, Wastewater Discharge and Treatment.

§ 319-6 Compulsory connection for newly annexed properties.

A. 
Connection to public sewer or water lines otherwise required by the City of Lodi ordinances shall not be required for properties annexed following the effective date of this chapter until the earliest of the following to occur:
(1) 
The failure of the existing private wastewater disposal system or well serving the particular property.
(2) 
The expiration of five years from the date of passage of the ordinance annexing the property.
B. 
Upon the happening of any of the events described in Subsection A(1) or upon the expiration of the time period referred to in Subsection A(2), all City ordinances pertaining to connection to public sewer and water shall then come into effect for said property, and the owner of the property shall thereupon make connection to both the public sewer main and public water main and abandon any private facilities as required by the City ordinances.
C. 
For purposes of this section, "failure" shall be defined as the inability of the existing private wastewater disposal system or well to meet state, county or local requirements for such systems. No such system or well, once it has failed, shall be replaced, unless public service of the type (sewer or water) of system that has failed is not then available to the property. Normal maintenance of such private wastewater disposal system or well may be done when required and shall not be considered a failure. Failure of a major component of a private wastewater disposal system or well (defined as a component which would cost more than 25% of the cost of the entire system involved to replace) constitutes, for purposes of this section, failure of the entire system.

§ 319-7 Cross-connection control.

A. 
A cross-connection shall be defined as any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the City of Lodi water system and the other water from a private source, water of unknown or questionable safety, or steam, gases, or chemicals, whereby there may be a flow from one system to the other, the direction of flow depending on the pressure differential between the two systems.
B. 
No person, firm or corporation shall establish or permit to be established or maintain or permit to be maintained any cross-connection. No interconnection shall be established whereby potable water from a private, auxiliary or emergency water supply other than the regular public water supply of City of Lodi may enter the supply or distribution system of said municipality, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply shall have been approved by the Lodi Municipal Light and Water Utility and by the Wisconsin Department of Natural Resources in accordance with § NR 811.09, Wis. Adm. Code.
C. 
The Lodi Municipal Light and Water Utility may cause inspections to be made of all properties served by the public water system where cross-connections with the public water system are deemed possible. The frequency of inspections and reinspections based on potential health hazards involved shall be established by the Lodi Municipal Light and Water Utility and as approved by the Wisconsin Department of Natural Resources.
[Amended 10-10-2006 by Ord. No. A-361]
D. 
Upon presentation of credentials, the representative of the Lodi Municipal Light and Water Utility shall have the right to request entry at any reasonable time to examine any property served by a connection to the public water system of the City of Lodi for cross-connections. If entry is refused, such representative may obtain a special inspection warrant under § 66.0119, Wis. Stats. On request the owner, lessee or occupant of any property so served shall furnish to the inspection agency any pertinent information regarding the piping system or systems on such property.
[Amended 10-10-2006 by Ord. No. A-361]
E. 
The Lodi Municipal Light and Water Utility is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this section exists and to take such other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service shall be discontinued only after reasonable notice and opportunity for hearing under Ch. 68, Wis. Stats., except as provided in Subsection F. Water service to such property shall not be restored until the cross-connection(s) has been eliminated in compliance with the provisions of this section.
F. 
If it is determined by the Lodi Municipal Light and Water Utility that a cross-connection or an emergency endangers public health, safety or welfare and requires immediate action, and a written finding to that effect is filed with the Clerk of the City of Lodi and delivered to the customer's premises, service may be immediately discontinued. The customer shall have an opportunity for hearing under Ch. 68, Wis. Stats., within 10 days of such emergency discontinuance.
G. 
The City of Lodi adopts by reference the Wisconsin Plumbing Code, being Chs. SPS 325 to 387, Wis. Adm. Code, and all subsequent amendments, revisions or modifications of said Wisconsin Administrative Code.
[Amended 4-2-2013 by Ord. No. A-447]
H. 
This section does not supersede the State Plumbing Code and Chapter 127, § 127-21, Plumbing work, of the City Code but is supplementary to them.

§ 319-8 Violations and penalties.

[Amended 10-10-2006 by Ord. No. A-361]
Except as otherwise provided, the penalty for violation of any provision of this chapter shall be a penalty as provided in Chapter 1, § 1-3 of this Code. No forfeiture shall be imposed for a violation of § 319-5 when connection to the sewer or water main is enforced at the expense of the property owner.

§ 319-9 Unauthorized use of water.

[Added 8-21-2007 by Ord. No. A-378]
A. 
No person shall use or permit the use of any water obtained from the Lodi Water Utility without such water being metered by the Utility, unless written authorization to do so is obtained from the Lodi Light and Water Utility Operations Manager, or unless such water is for the purpose of extinguishing a fire, or for use by the City Public Works Department.
B. 
Usage of unmetered water obtained from the Lodi Water Utility by contractors, or other persons, is expressly prohibited.
C. 
No person shall, without written authorization of the Lodi Light and Water Utility Operations Manager, allow contractors, or other unauthorized persons, to take unmetered water from their premises, operate any valve connected with the street or supply mains, or open any fire hydrant connected to the distribution system, except for the purpose of extinguishing a fire.

§ 319-10 Water for construction.

[Added 8-21-2007 by Ord. No. A-378]
A. 
When water is necessitated for construction purposes, for filling tanks or other uses, an application shall be made to the Lodi Light and Water Utility Operations Manager in writing, upon forms provided for that purpose by the Lodi Water Utility, describing the construction work to be done, or the particular need for the water, the size of the tank to be filled, and other details as required by the Utility. The customer shall pay a deposit in advance with the Utility for the water. The Utility may then issue a permit to the customer. The Utility reserves the right to decline the application, if the request would adversely impact the ability to provide existing water service, or cause the Utility excessive expense. The required deposit and charges to the customer shall be listed in the schedule of fees. The Utility may from time to time revise the fee schedule. Final billing for water usage will be invoiced using actual metered use. No connection with the service pipe at the main is permitted.
B. 
Employees of the Lodi Utilities shall not turn on water until the contractor or customer presents a valid permit, or establishes a utility account.

§ 319-11 Turning on water.

[Added 8-21-2007 by Ord. No. A-378]
Water cannot be turned on for a consumer except by an authorized employee of Lodi Utilities. An exception is permitted when a plumber needs to test a new water system; the water may be turned on for that purpose, but must be turned off immediately after the testing.

§ 319-12 Water meter testing.

[Added 8-21-2007 by Ord. No. A-378]
If a customer requests in writing, the Lodi Utility shall, within five working days, make a water meter accuracy test in addition to the periodic meter or meter installation test if 24 months or more have elapsed since the last compliant test if the same meter is in the same location. If fewer than 24 months have expired, there will be a charge to the utility customer as listed in the appointed schedule of fees. The Utility may from time to time revise fees for services. Fees are due to the Utility in advance. If the meter is found to be inaccurate in excess of 2%, any fee that was paid for the test will be refunded to the utility customer. The Utility will then adjust the customer's utility billing in accordance with Wisconsin Administration Code, PSC § 185.61-185.78.

§ 319-13 Right of entry; enforcement; inspection.

[Added 8-21-2007 by Ord. No. A-378; 5-20-2014 by Ord. No. A-471]
A. 
Enforcement authorizations.
(1) 
Right of entry. The Lodi Light and Water Utility Operations Manager, or his or her designee, is the enforcement officer for the Utilities Code. Upon presentation of credentials, the Lodi Light and Water Utility Operations Manager, or his or her designee, shall have the right to request entry, at any reasonable time, to all public or private properties for the purpose of inspection, observation, measurement, sampling or testing of meters, pipes, wires or other components of the water system, sewer system or electrical system necessary for the enforcement of the Utility Code.
(2) 
Special inspection warrants. In the event that complaints or reasonable concerns exist as to the compliance by a public or private property owner with the Utility Code, and the owner or custodian of the property declines requests for entry for the purpose of inspection, observation, measurement, sampling or testing of meters, pipes, wires or other components of the water system, sewer system or electrical system necessary for the enforcement of the Utility Code, the Lodi Light and Water Utility Operations Manager, with the assistance of the City Attorney, may obtain a special inspection warrant pursuant to § 66.0119, Wis. Stats., to determine compliance and assist with enforcement of the Utility Code.
(3) 
Method of enforcement. Upon finding that any of the provisions of this chapter are being violated or upon finding a condition which may lead to a violation, the Lodi Light and Water Utility Operations Manager may notify, in writing, the person responsible for violation, ordering such action as necessary to correct a violation. The Lodi Light and Water Utility Operations Manager may order discontinuance of illegal use and order removal of illegal components or may order discontinuance of illegal work being done. Further, the Lodi Light and Water Utility Operations Manager may take any other action authorized by this chapter to ensure compliance with or to present violations of this chapter, including but not limited to calling upon the City Attorney to institute legal proceedings and calling upon the Chief of Police for assistance.
(4) 
Penalties. Violations of this chapter may also be subject to a forfeiture citation issued by the Lodi Light and Water Utility Operations Manager or the Chief of Police for each day of violation pursuant to § 1-3.
B. 
Unmetered tap inspection. Once every 12 months, the Utility will make a systematic inspection of all unmetered water taps for the purpose of checking waste and unnecessary water use.