[Adopted 1-23-2002 (Ch. 14 of the 1998 Code)]
As used in this article, the following terms shall have the meanings indicated:
CROSS-CONNECTION
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.
DISTRICT
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]
LATERAL
That portion of a water line serving a property which is located between the curb stop and the building served.
PRIVATE WATER SYSTEM
A privately owned water main serving two or more buildings and not directly controlled by the District.
WATER SERVICE
That portion of a water line serving a property which is located between the main and up to and including the curb stop.
WATER SYSTEM
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
B. 
Use water for construction purposes without first obtaining written approval from the Bellevue Water Utility and only under direct supervision of Bellevue Water Utility personnel.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
E. 
In addition to Subsections C and D above, all private water mains must be installed in accordance with standards adopted by the District.
[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:
(1) 
Duplexes. Duplex structures consisting of two separate living units are allowed one meter for each living unit.[1]
[1]
Editor’s Note: Former Subsection D(2), Second meters, was repealed 8-8-2018 by Ord. No. O-2018-08.
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.
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.
[1]
Editor's Note: This ordnance also redesignated former §§ 450-39 through 450-49 as §§ 450-40 through 450-50.
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.
B. 
Cross-connections are not permitted between the water utility system and any other source of water as set forth in §§ NR 811.09 and SPS 382.41, Wis. Adm. Code, and Article I of this chapter.
C. 
All private wells which are unused, unsafe or do not comply with appropriate Wisconsin Administrative Code and Article II of this chapter must be abandoned or permitted in compliance with § NR 811.10, Wis. Adm. Code, and Article II of this chapter.
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.
B. 
The District, as provided for by § 66.0813(3)(a), Wis. Stats., has no obligations to provide service to any unincorporated area not listed in Subsection A above.
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.