[Adopted 1-23-2002 (Ch. 14 of the 1998 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Any connection between two otherwise separate systems, one
of which contains potable water from a public 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.
The Bellevue Water Utility District of the Village of Bellevue,
Brown County, Wisconsin. For purposes of this article, "District"
shall also mean any portion of an adjacent city, village or town to
which the District supplies water service through intergovernmental
agreement or other arrangement.[1]
That portion of a water line serving a property which is
located between the curb stop and the building served.
A privately owned water main serving two or more buildings
and not directly controlled by the District.
That portion of a water line serving a property which is
located between the main and up to and including the curb stop.
All property, real and personal, owned, maintained and operated
by the District. Such property shall include but is not limited to
water mains, service laterals, curb stops, hydrants, valves, wells,
pumps, tanks and other related appurtenances and devices.
A.
The management, operation, and control of the water system of the
Bellevue Water Utility District is vested in the Board of Trustees
of said District; all records, minutes, financial records, and all
written proceedings thereof shall be kept by the Village Clerk-Treasurer.[1]
B.
The District shall have the power to construct a water system for
public use and shall have the power to lay water mains and related
appurtenances in and through the streets, easements and other public
rights-of-way and generally to undertake all such work as may be found
necessary or convenient in the management of the water system. The
District shall have power by itself, its officers, agents, and employees
to enter upon any land for the purpose of making examination or to
supervise in the performance of its duties under this article, without
liability therefor, and the District shall have the power to purchase
and acquire for the District all real and personal property which
may be necessary for construction of the water system, or for any
repair or additions thereto.
C.
Condemnation of real estate. Whenever any real estate or any easement
therein or use thereof shall, in the judgment of the District, be
necessary to the water system, and whenever, for any cause, an agreement
for the purchase thereof cannot be made with the owner thereof, the
District shall proceed with all necessary steps to take such real
estate, easement or use by condemnation in accordance with Wisconsin
Statutes.
D.
Title to real estate and personal property. All property, real, personal
and mixed, acquired for the construction of the water system, and
all plans, specifications, diagrams, papers, books and records connected
with said water system, and all buildings, machinery, and fixtures
pertaining thereto, shall be the property of said District.
The rules, regulations and water rates hereinafter set forth
in this article shall be considered a contract with every person,
company, or corporation who or which is connected to the water system,
and every such person, company, or corporation by connection to the
water system shall be considered as expressing his or its agreement
to be bound thereby. Whenever any of said rules and regulations, or
such others as said District may hereafter adopt, are violated, the
service shall be shut off from the building or place of such violation
(even though two or more parties are receiving service through the
same connection) and shall not be reestablished except by order of
the District and on payment of all arrears, the expenses and established
charges of shutting off and putting on, and such other terms as the
District may determine, and a satisfactory understanding with the
party that no further cause for complaint shall arise. The right is
reserved by the District to change said rules, regulations, and water
rates from time to time as it may deem advisable and to make special
rates and contracts in all proper cases, all subject to the authority
of the Wisconsin Public Service Commission.
It is expressly stipulated that no claim shall be made against
the District or its officers or duly authorized representatives by
reason of the breaking, clogging, stoppage, or freezing of any service
pipe, nor from any damage arising from repairing mains, making connections
or extensions or any other work that may be deemed necessary. The
right is hereby reserved to cut off the service at any time for the
purpose of repairs or any other necessary purpose, any permit granted
or regulation to the contrary notwithstanding. Whenever it shall become
necessary to shut off the water service within any area of the District,
the District shall, if practicable, give notice to each and every
consumer within said District of the time when such service will be
so shut off.
Except for duly authorized District personnel and persons, firms
and corporations working under the direct supervision of the District,
no person shall, and no person, firm or corporation shall allow or
permit any employee, representative or other person under his or its
supervision, control or direction to:
A.
Turn water on or off at any water service curb stop, unless previously
authorized to do so by a representative of the District.
C.
Break, tamper with, or remove any meter seal.
D.
Remove, relocate, disconnect, or alter any water meter or remote
meter register head.
E.
Open, use water from, or tamper with any fire hydrant or valve, or
use any fire hydrant for a purpose other than fire containment, except
that authorized Village employees may use such hydrants for the cleaning
and flushing of streets or sewers.
No plumber, pipe fitter, or other person will be permitted to
do any plumbing or pipe fitting work in connection with the water
system without first receiving a license from the State of Wisconsin.
A.
Permit required. No person, firm or corporation shall excavate within any public right-of-way or easement without first obtaining a permit as required by § 404-8 of this Code.
B.
In making excavations in streets or highways for laying service pipe
or making repairs, the paving and earth removed must be deposited
in a manner that will occasion the least inconvenience to the public.
C.
No person shall leave any such excavation made in any street or highway
open at any time without barricades, and during the night, warning
lights must be maintained at such excavations.
D.
In refilling the opening, after the service pipes are laid, the earth
must be laid in layers of not more than nine inches in depth, and
each layer thoroughly compacted to prevent settling. This work, together
with the replacing of sidewalks, ballast and paving, must be done
so as to make the street as good, at least, as before it was disturbed
and satisfactory to the District.
E.
Guarantee. Any person, firm or corporation who or which excavates
in the right-of-way shall be responsible to repair any trench which
settles within three years from completion of the work.
A.
No persons, except those having special permission from the District,
or persons in its service and approved by it, will be permitted, under
any circumstances, to tap the water mains or distribution pipes. The
kind and size of the connection with the pipe shall be that specified
in the permit or order from said District.
B.
Pipes should be tapped on the top half of the pipe and not within
18 inches of a joint or within 24 inches of another connection.
A.
Permit required. No person shall install any water service line or
lateral without first having obtained a permit from the District.
B.
Where possible, water service lines extending from the main to the
property line shall be installed at the time of installation of the
water main to eliminate the necessity for subsequent street openings.
The cost thereof may be levied as a special assessment against the
property served by such lateral along with the assessment for the
installation of the water mains.
C.
All water laterals, whether underground or within a structure, will
be installed in accordance with Ch. SPS 382, Wis. Adm. Code, Design,
Construction, Installation, Supervision, Maintenance and Inspection
of Plumbing, and more specifically § SPS 382.40, Wis. Adm.
Code, Water Supply Systems.
D.
The building's water lateral shall be inspected upon completion of
placement of the pipe and before backfilling and tested before or
after backfilling.
[Amended 2-25-2004]
A.
Required. No lateral, or any other means of connection to the water
system, shall be allowed unless said connection is metered.
B.
When installed. Meters must be installed prior to activation of the
water service at the property line or upon grant of occupancy permit,
whichever occurs first. Once the meter is installed, all applicable
meter and service charges will commence even if no water is being
drawn through the meter.
C.
Location of meter. It shall be the duty of the owner of any premises
to provide a location for a water meter and to maintain such location
and passageway thereto clean and sanitary and free from any obstruction
or any conditions of a hazardous nature. No connection for water meters
shall be installed in any location not easily accessible or which
is or may be unclean, unsanitary, or in any manner unsafe to utility
employees in the discharge of their duties.
D.
Number of meters permitted. Except as provided for below, only one
meter shall be permitted per building. Exceptions:
E.
Meter removal and termination of service.
(1)
No water meter, once installed, shall be removed unless the water
service to which it is attached is abandoned or modified to ensure
that unmetered water cannot be obtained from it. Based on an inspection
of the premises, the Village shall determine what method of abandonment
or modification is acceptable, and shall not remove the meter until
the work is completed.
(2)
If water and/or sanitary sewer services are being abandoned because
the structure they served is being demolished, said services must
be permanently abandoned by disconnecting and capping the services
at the property line prior to commencement of any demolition work.
It is the responsibility of the property owner to arrange for the
abandonment and pay the cost thereof.
[Amended 7-9-2014 by Ord.
No. O-2014-12]
[Amended 2-25-2004]
The Village water service rates, and other charges, shall be
as set forth in the current rate certification and order as approved
by the Wisconsin Public Service Commission. Said rate certification
and order shall be on file with the Village and open for public inspection.
A.
The owner of each parcel of land adjacent to a water main on which
there exists a building usable for human habitation or in a block
through which such system is extended shall connect to such system
within 120 days from the date of official notification, unless a longer
time period is provided for in said notice. Upon failure to do so,
the District may cause such connection to be made and bill the property
owner for such costs. If such costs are not paid within 30 days, they
shall be assessed as a special tax lien against the property, all
pursuant to § 281.45, Wis. Stats.; provided, however, that
the owner may, within 30 days after the completion of the work, file
a written request with the District Secretary stating that he cannot
pay such amount in one sum and asking that it be levied in not to
exceed five equal installments, and the amount shall be so collected
with interest at a rate not to exceed of 15% per annum from the completion
of the work, the unpaid balance being a special tax lien, all pursuant
to § 281.45, Wis. Stats.
[Amended 7-9-2014 by Ord.
No. O-2014-12]
B.
In lieu of the above, the District, at its option, may impose a penalty
for the period the violation continues after 10 days' written notice
to any owner failing to make a connection to the water system in an
amount of $100 to $1,000 per month for the period in which the failure
to connect continues, and upon failure to make such payment said charge
shall be assessed as a special tax lien against the property, all
pursuant to § 281.45, Wis. Stats.
C.
This article ordains that the failure to connect to the water system
is contrary to the minimum health standards of said District and fails
to assure preservation of public health, comfort, and safety of said
District.
See Article II of this chapter.
All water services within the limits of the District from the
main to the property line, and including all controls between the
same, will be maintained by the District without expense to the property
owner, except when they are damaged as a result of negligence or carelessness
on the part of the property owner, a tenant, or an agent of the owner,
in which case they will be repaired at the expense of the property
owner. All water services from the point of maintenance by the District
to and throughout the premises must be maintained free of defective
conditions, by and at the expense of the owner or occupant of the
property.
[Added 12-9-2020 by Ord. No. O-2020-20.[1]]
From time to time it is necessary for the installation of private
fire hydrants to satisfy the various state and federal requirements,
as well as to ensure adequate water supply to fire apparatus. Private
hydrants are to be maintained in accordance with the Insurance Services
Office Guidelines or similar guidelines. All private hydrants are
to be maintained to the condition established by the Village of Bellevue,
by the Village or an approved contractor of the Village. Maintenance
records must be available to any requesting Village employee, including
Building and Fire Inspectors and Water Utility employees. Fees for
inspection, testing and maintenance of private hydrant systems will
be established by the Village Water Utility if the Village is providing
the maintenance service. In the event a third party maintains the
private hydrant systems, the private party or contractor must obtain
permission to flow water from the Village of Bellevue water utility
so water usage can be recorded. Failure to provide maintenance will
subject the private hydrant owner to fines or payment of maintenance
expenses.
A.
Failure to receive bill; no penalty exemption. Every responsible
care will be exercised in the proper delivery of water bills. Failure
to receive a water bill, however, shall not relieve any person of
the responsibility for payment of water rates within the prescribed
period, nor exempt any person from any penalty imposed for delinquency
in the payment thereof.
B.
Billing. The property owner is held responsible for all water bills
on premises that he owns.
C.
Penalties. A late payment charge of 3% per quarter will be added
to bills not paid within 20 days of issuance and will be applied to
the total unpaid balance, including unpaid late payment charges.
D.
Service credits. Credits will not be granted for any reason, to include
unintentional water loss through leaks or other means, for filling
of pools, for establishment of new lawns, when a service is not being
utilized on a temporary basis, or any other similar circumstance.
This article recognizes that even if water is unintentionally consumed,
that expense is still incurred by the District for provision of the
water and conveyance of it from the site through the sanitary sewer
system. This policy further recognizes that the District's responsibility
and ownership terminate at the property line, and that building owners
are responsible for the maintenance of all on-site plumbing systems.
A.
It shall be unlawful for any person to willfully pollute or otherwise
injure any water supplied by the water system.
The District shall have the right of recovery from all persons
of any expense incurred by said District for the repair or replacement
of any water pipe, curb stop, gate valve, hydrant, or valve box damaged
in any manner by any person by the performance of any work under his
control, or by any negligent act. Owners or operators of motor vehicles
will be held liable for the cost of repair of any hydrant damaged
by them and the utility will not be responsible for the damage due
the motor vehicle by reason of such accident.
A.
User to keep in repair. All users shall keep their own service pipes
and valves in good repair and protected from frost, at their own risk
and expense, and shall prevent any unnecessary waste of water.
B.
User to permit inspection. Every user shall permit the District or
its duly authorized agent, at all reasonable hours of the day, to
enter its premises or building to examine the pipes and fixtures and
the manner in which the water is used, and it must at all times, frankly
and without concealment, answer all questions put to it relative to
its use.
C.
Charges are a lien on property. All water services, charges and special
assessments shall be a lien on a lot, part of a lot, or land on which
water services were supplied. All sums which have accrued during the
preceding year, and which are unpaid by the first day of October of
any year, shall be certified to the Bellevue Village Clerk-Treasurer
to be placed on the tax roll for collection as provided by § 66.0809(3),
Wis. Stats.
D.
Adoption of other rules. There are hereby adopted all the rules and
regulations of the State Plumbing and State Building Codes and the
building rules of the Department of Safety and Professional Services
and the Department of Natural Resources of the State of Wisconsin,
insofar as the same are applicable to the District of the Village
of Bellevue, Brown County, Wisconsin.
E.
If any Wisconsin Statute or any provision of the Wisconsin Administrative
Code conflicts with any section of this article, the state statute
or administrative code regulation shall control.
A.
The District shall provide service to the following unincorporated
areas:
(1)
That part of the Town of Ledgeview lying generally along the south
side of Big Creek Road and to the east of Glenmore Road, and as more
specifically described in an intergovernmental agreement adopted and
entered into by and between the Town of Bellevue, the Bellevue Sanitary
District No. 1, the Town of Ledgeview and the Ledgeview Sanitary District
No. 1, dated January 24, 2002.
Except as otherwise provided herein, any person who shall violate any provision of this article, or any regulation, rule or order made hereunder, or permit or cause a public nuisance, shall be subject to a penalty as provided in § 1-4 of the Code of the Village of Bellevue. This, however, shall not bar the District from enforcing the connection duties set out in § 450-36 of this article for mandatory connection.
