[Adopted 6-8-2010 by Ord. No. 2010-11 (Ch. 20 of the 1961
Code); amended in its entirety 3-8-2011 by Ord. No. 2011-01]
The purpose of this article is to eliminate the unnecessary
introduction of clear water and deleterious substances into the public
sanitary sewer system and thereby to reduce the occurrence of overflows
and backups in the sanitary sewer conveyance system; to reduce the
cost of operating the sanitary sewer system; to comply with applicable
regulations, rules, stipulations and other laws and lawful orders
of the State of Wisconsin, the federal government, and the Milwaukee
Metropolitan Sewerage District; and to reduce the likelihood of failure
of the sanitary sewer system. This purpose will serve to protect the
health, safety and welfare of the Village of Fox Point and its environs.
For purposes of this article, the following terms shall have
the meanings indicated:
Includes a human being (i.e., natural person), firm, organization,
partnership, association, corporation, legal representative, trustee,
trustee in bankruptcy, and receiver, and shall include the plural.
"Person," when used in relation to a property, includes, jointly and
severally, the owner, the occupant, the tenant, the lessee, and all
others having a right of ownership or occupancy of the property.
A.
Clear water. No person shall discharge or cause to be discharged
any clear water into the public sanitary sewer system, except as described
herein. Clear water includes, without limitation, stormwater, groundwater,
rain water, street drainage, roof runoff, yard drainage, yard fountain,
swimming pool, pond overflow, and subsurface drainage. Prohibited
discharges include, without limitation, any connection pipe or direct
drainage channel carrying flow from a building foundation drain, sump
pump, downspout, or any other means for connecting clear water to
the public sanitary sewer system. This prohibition is subject to the
following exceptions:
(1)
Existing
connections. Properties that have existing clear water connections
to the sanitary sewer system on the date of adoption of this article
shall remove the clear water connection from the sanitary sewer system
in a manner approved by the Village Director of Public Works/Village
Engineer or Village Building Inspector. Such properties are allowed
six months to do so, as a grace period, except as follows. If the
current or a predecessor owner of a subject property has ever denied
or failed to voluntarily grant the Village's reasonable request to
inspect the subject property for clear water connections, no grace
period shall apply. The grace period, if it applies, shall be measured
from the date the property owner first has actual knowledge of the
clear water connection or the date the property owner receives written
notice of the clear water connection from the Village, whichever occurs
first. The Village Director of Public Works/Village Engineer and Village
Building Inspector are, individually, authorized to extend this grace
period for up to an additional six months, in writing, upon a showing
of extenuating circumstances which requires additional time to remove
the illicit connection. Upon expiration of any such applicable grace
period, any connection that remains in violation of this article is
prohibited.
[Amended 8-14-2012 by Ord. No. 2012-10]
(2)
Waiver. Any person may petition to the Village Board for a waiver of the requirements of this Subsection A. The Village Board may grant a waiver and allow the connection of clear water to the sanitary sewer system upon a showing that there is no reasonable alternative method of discharge of the clear water. Any waiver granted pursuant to this section may be granted subject to reasonable conditions which may include, without limitation, the following: limitations on the type of connection; limitations on the water source that may be connected; inspections by Village officials at all reasonable times; fees or charges related to the connection and inspection; and a requirement that the property owner enter an agreement in a form approved by the Village Board that is recorded with the Milwaukee County Register of Deeds. Any waiver granted under this section can be reviewed by the Village Board at a later date for any reason, and without cause. Upon such review, the Village Board can order the property owner to appear and show cause as to why the connection should not be removed, and after the property owner is heard, or if the property owner does not appear, the Village Board can rescind the waiver in which case the connection must be removed within the time required by the Village Board. Any determination made by the Village Board pursuant to this section is final and cannot be appealed to the Board of Appeals.
B.
Other deleterious substances. No person shall discharge or cause
or allow to be discharged any substance, or amount of any substance,
prohibited by any Milwaukee Metropolitan Sewerage District rule, as
now in effect and as the same may be amended from time to time, into
the sanitary sewer system within the Village of Fox Point.
Any property owner, agent, lessee, or occupant who is required
to install and maintain a wastewater treatment device (including without
limitation an interceptor, grease trap or separator, catch basin,
or dilution and neutralizing basin) shall be responsible for the regular
and proper maintenance of such wastewater treatment device.
The Plumbing Inspector may, during reasonable hours, inspect any sanitary sewer installation and any attached device or connection thereto to determine compliance with this article. In addition or as an alternate to proceeding under § 260-29, the Plumbing Inspector may order that any violation of this article be remedied within such time as directed by the Plumbing Inspector, taking into consideration the nature of the violation and the potential for damage or obstruction to the sanitary sewer system.
Nothing in this article shall be interpreted as limiting or restricting the obligations described in other sections of the Fox Point Village Code or other applicable laws. In particular, and without limitation, the following requirements shall continue to apply as described therein: connection of surface water to the sanitary sewer (§ 756-48, Fox Point Village Code); connection of stormwater to the sanitary sewer, whether above or below the surface of the ground [§ 756-7E(2), Fox Point Village Code]; requiring sump pumps to discharge into a drainage ditch or into a storm sewer or into the ground (§ 825-11, Fox Point Village Code); and requiring compliance upon change of occupancy (§ 756-47, Fox Point Village Code), in addition to such other regulations as may apply. In the event of conflict between the requirements of this article and the requirements of any other applicable ordinance or other law, the more restrictive shall apply as determined by the Director of Public Works/Village Engineer.
A.
Any person violating any provision of this article shall be subject to the penalties and remedies as provided in § 1-4 of the Village of Fox Point Code. Each day that a violation exists shall constitute a separate offense. Violation of this article is declared to be a public nuisance, and the Village Board may authorize all actions it deems to be necessary to abate and enjoin the public nuisance.
B.
Any person
violating any provision of this article shall be responsible for any
and all maintenance and/or repair costs and all other expenses incurred
by the Village resulting from such violation, and such costs and expenses
may be imposed as a special charge against the property pursuant to
§ 66.0627, Wis. Stats.
