[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
Public Works and Utility Committee — See Ch. 30.
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 and sidewalks — See Ch. 295.
Subdivision of land — See Ch. 300.
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.
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.
[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.
[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.
[Amended 7-21-2015 by Ord. No. A-487]
Water distribution mains shall be installed in accordance with § 300-27B.
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.
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:
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.
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]
[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.
[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.
[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.
[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.
[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.
[Added 8-21-2007 by Ord. No. A-378;
amended 5-20-2014 by Ord. No. A-471]
A.
Enforcement
authorizations.
[Amended 5-19-2020 by Ord. No. A-548]
(1)
Right
of entry. The Director of Operations, or his or her designee, is the
enforcement officer for the Utilities Code. Upon presentation of credentials,
the Director of Operations, 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 Director of Operations, 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 Director of Operations may notify, in writing, the
person responsible for violation, ordering such action as necessary
to correct a violation. The Director of Operations may order discontinuance
of illegal use and order removal of illegal components or may order
discontinuance of illegal work being done. Further, the Director of
Operations 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 be subject to a forfeiture citation issued by Chief of Police for each day of violation pursuant to § 1-3. Any person violating any provision of this chapter shall become liable to the City for any expense, loss or damage occasioned by reason of such violation which the City may suffer as a result thereof.
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.
