[Adopted 10-3-1988 as Title 9, Ch. 1, Art. B, of the 1988
Code]
All persons now receiving a water supply from the Village of
Kimberly Water Utility, or who may hereafter make application therefor,
shall be considered as having agreed to be bound by the rules and
regulations as filed with the Public Service Commission of Wisconsin.
A.
Application for water service shall be made in writing on a form
furnished by the Water Utility. The application will contain the legal
description of the property to be served, name of the owner, the exact
use to be made of the service, and the size of the supply pipe and
meter desired. (Note particularly any special refrigeration and/or
air-conditioning water-consuming appliances.)
B.
Service will be furnished only if:
(1)
Premises has a frontage on a properly platted street or public strip
in which a cast iron or other long-life water main has been laid,
or where property owner has agreed to and complied with the provisions
of the Utility's filed main extension rule;
(2)
Property owner has installed or agrees to install a service pipe
from the curbline to the point of use and laid not less than six feet
below the surface of an established or proposed grade and according
to the Utility's specification; and
(3)
Premises has adequate piping beyond metering point.
C.
The owner of a multiunit dwelling has the option of being served
by individual metered water service to each unit. The owner, by selecting
this option, is required to provide interior plumbing and meter settings
to enable individual metered service to each unit and individual disconnection
without affecting service to the other units. Each meter and meter
connection will be a separate Water Utility customer for the purpose
of the filed rules and regulations.
D.
No division of the water service of any lot or parcel of land shall
be made for the extension and independent meterage of the supply to
an adjoining lot or parcel of land. No division of a water supply
service shall be made at the curb for separate supplies therefrom
for two or more separate premises having frontage on any street or
public service strip, whether owned by the same or different parties.
E.
The Utility is hereby empowered to withhold approval of any application
wherein full information of the purpose of such supply is not clearly
indicated and set forth by the applicant property owner.
A.
The minimum service contract period shall be one year unless otherwise
specified by special contract or in the applicable rate schedule.
Where the Utility service has been disconnected at the customer's
request prior to expiration of his/her minimum contract period, a
reconnection charge shall be made, payable in advance, when the customer
requests reconnection of service. (See Schedule R-1 for applicable
rate.[1]) The minimum contract period is renewed with each reconnection.
[1]
Editor's Note: Current rate schedules are on file at the office
of the Village Administrator.
B.
A reconnection charge shall also be required from consumers whose
services are disconnected (shut off at curb stop) because of nonpayment
of bills when due (not including disconnection for failure to comply
with deposit or guarantee rules). (See Schedule R-1 for applicable
rate.)
C.
A consumer shall be considered as the same consumer, provided the
reconnection is requested for the same location by any member of the
same family or, if a place of business, by any partner or employee
of the same business.
An applicant for temporary water supply on a metered basis shall
make and maintain a monetary deposit for each meter installed as security
for payment for use of water and for such other charges which may
arise from the use of the supply. A charge shall be made for setting
the valve and furnishing and setting the meter. (See Schedule D-1
for applicable rate.[1])
[1]
Editor's Note: Current rate schedules are on file at the office
of the Village Administrator.
A.
When water is requested for construction purposes or for filling
tanks or other such uses, an application therefor shall be made to
the Utility, in writing, upon application provided for that purpose
in the Water Utility office, giving a statement of the amount of construction
work to be done or the size of the tank to be filled, etc. Payment
for the water for construction shall be made in advance at the scheduled
rates. The service pipe must be installed inside the building from
where the water must be drawn. No connection with the service pipe
at the curb shall be made without special permission from the Utility.
B.
In no case will any employee of the Utility turn on water for construction
work unless the contractor first presents a permit. Upon completion
of the construction work, the contractor must return the original
permit to the Utility.
C.
Consumers shall not allow contractors, masons or other persons to
take water from their premises without first showing a permit from
the department. Any consumer failing to comply with this provision
will have water service discontinued.
A.
In cases where no other supply is available, permission may be granted
by the Utility to use a hydrant. No hydrant shall be used until it
is equipped with a sprinkling valve. In no case shall any valve be
moved except by a member of the Utility.
B.
Before a valve is set, payment must be made for its setting and for
the water to be used at the scheduled rates. Where applicable, see
Schedule H-1 for deposits and charges.[1] Upon completing use of the hydrant, the customer must
notify the Utility to that effect.
[1]
Editor's Note: Current rate schedules are on file at the office
of the Village Administrator.
C.
In the use of a hydrant supply, the hydrant valve will be set at
the proper opening by the Utility when the sprinkling valve is set,
and the flow of water must be regulated by means of the sprinkling
valve. If the water is to be used through iron pipe connections, all
such pipe installations shall have the swing joint to facilitate quick
disconnection from the fire hydrant.
Any person who shall, without authority of the Utility, allow
contractors, masons or other unauthorized persons to take water from
their premises, operate any valve connected with the street or supply
mains, or open any fire hydrant connected with the distribution system,
except for the purpose of extinguishing fire, or who shall wantonly
damage or impair the same shall be subject to a fine as provided by
municipal ordinances. Permits for the use of hydrants apply only to
such hydrants as are designated for the specific use.
All moneys deposited as security for payment of charges arising
from the use of temporary water supply on a metered basis, or for
the return of a sprinkling valve wheel or reducer, if the water is
used on an unmetered basis, will be refunded to the depositor on the
termination of the use of water, the payment of all charges levied
against the depositor, and the return of the wheel and reducer.
A.
No water service shall be laid through any trench having cinders,
rubbish, rock or gravel fill, or any other material which may cause
injury to or disintegration of the service pipe, unless adequate means
of protection are provided by sand filling or such other insulation
as may be approved by the Utility. Service pipes passing through curb
or retaining walls shall be adequately safeguarded by provision of
a channel space or pipe casing not less than twice the diameter of
the service connection. The space between the service pipe and channel
or pipe casing shall be filled and lightly caulked with an oakum,
mastic cement, or other resilient material, and made impervious to
moisture.
B.
In backfilling the pipe trench, the service pipe must be protected
against injury by carefully handtamping the ground filling free from
hard lumps, rocks, stones or other injurious material, around and
at least six inches over the pipe.
C.
All water supplies shall be of undiminished size from the street
main in to the point of meter placement. Beyond the meter outlet valve
the piping shall be sized and proportioned to provide, on all floors,
at all times, an equitable distribution of water supply for the greatest
probable number of fixtures or appliances operating simultaneously.
All such service shall comply with the provisions of the State Plumbing
Code and shall be inspected by the Plumbing Inspector.
A.
Where the original service piping is installed for a new metered
customer, where existing service piping is changed for the customer's
convenience, or where a new meter is installed for an existing unmetered
customer, the owner of the premises, at his/her expense, shall provide
a suitable location and the proper connections for the meter. The
Water Utility should be consulted as to the type and size of meter
setting. Where it is possible to set meters in the basement or other
suitable place within the building, a short nipple shall be inserted
after the stop and waste cock, then a union, and then another nipple
and coupling of the proper length. The nipple attached to the union
and coupling shall be cut to a standard length provided by the plans
of the Utility (it may require a horizontal run of 18 inches in such
pipe line), which may later be removed for the insertion of the meter
into the supply line.
B.
No permit will be given to change from metered to flat rate service.
The water cannot be turned on for a consumer except by a duly
authorized employee of the Utility. When a plumber has completed a
job, he/she must leave the water turned off. This does not prevent
the plumber from testing the work.
A.
Where the Utility is unable to read a meter after two successive
attempts, the fact will be plainly indicated on the bill, and either
an estimated bill will be computed or the minimum charge applied.
The difference shall be adjusted when the meter is again read, that
is, the bill for the succeeding billing period will be computed with
the gallons or cubic feet in each block of the rate schedule doubled
and credit will be given on that bill for the amount of the minimum
bill paid the preceding period. Only in unusual cases or when approval
is obtained from the customer shall more than three consecutive estimated
bills be rendered where bills are rendered monthly, and there shall
be not more than two consecutive estimated bills where the billing
period is two months or more.
B.
If the meter is damaged (see § 470-41, Surreptitious use of water) or fails to operate, the bill will be based on the average use during the past year, unless there is some reason why the use is not normal. If the average use cannot be properly employed, the bill will be estimated by some equitable method.
See Ch. PSC 185, Wis. Adm. Code.
See Ch. PSC 185, Wis. Adm. Code.
The customer shall protect the stop box in the terrace and shall
keep the same free from dirt and other obstructions. The Utility shall
not be liable for failure to locate the curb stop box and shut off
the water in case of a leak on the consumer's premises.
Meters will be furnished and placed by the Utility and are not
to be disconnected or tampered with by the consumer. All meters shall
be so located that they shall be protected from obstructions and permit
ready access thereto for reading, inspection and servicing, such location
to be designated or approved by the Utility. All piping within the
building must be supplied by the consumer. Where additional meters
are desired by the consumer, he/she shall purchase the meter and pay
for all piping and an additional amount sufficient to cover the cost
of maintenance and depreciation. Where applicable, see Schedule Am-1
for rate.[1]
[1]
Editor's Note: Current rate schedules are on file at the office
of the Village Administrator.
A.
Meters will be repaired by the Water Utility, and the cost of such
repairs caused by ordinary wear and tear will be borne by the Utility.
B.
Repair of any damage to a meter resulting from the carelessness of
the owner of the premises, his/her agent or tenant, or from the negligence
of any one of them to properly secure and protect same, including
any damage that may result from allowing a water meter to become frozen
or to be injured from the presence of hot water or steam in the meter,
shall be paid for by the consumer or the owner of the premises.
A.
Where the property owner requests that a larger service lateral be
installed to replace an existing smaller diameter pipe, an allowance
of $15 will be made as a deduction in the cost, providing the new
service is to be installed in the same ditch as the existing service
pipe.
B.
The service pipe from the main to and through the curb stop will
be maintained and kept in repair and, when worn out, replaced at the
expense of the Utility. The property owner shall maintain the service
pipe from the curb stop to the point of use.
C.
If a consumer fails to repair a leaking or broken service pipe from
curb to point of metering or use within such time as may appear reasonable
to the Utility after notification has been served on the consumer
by the Utility, the water will be shut off and will not be turned
on again until the repairs have been completed.
[Added 3-12-2018 by Ord.
No. 6-2018]
A.
Intent and purpose. The Village Board of the Village of Kimberly
finds that it is in the public interest to establish a comprehensive
program for the removal and replacement of lead pipe water service
lines in use within both the Village utilities water system and in
private systems and, to that end, declares the purposes of this section
to be as follows:
(1)
To ensure that the water quality at every tap of utility customers
meets the water quality standards specified under the federal law;
(2)
To reduce the lead in Village drinking water to meet the Environmental
Protection Agency (EPA) standards and ideally to a lead contaminant
level of zero in Village drinking water for the health of Village
residents;
(3)
To eliminate the constriction of water flow caused by mineral
rich water flowing through lead water service pipes and the consequent
buildup of mineral deposits inside lead pipes; and
(4)
To meet the Wisconsin Department of Natural Resource (WDNR)
requirements for local compliance with the Lead and Copper Rule. (See
56 CFR 6460, 40 CFR 141.80 to 141.90 and §§ NR 809.541
to 809.55, Wis. Adm. Code.)
B.
Replacement requirement. The privately owned portion of a lead water
service line shall be replaced with an approved material whenever
any of the following occurs:
C.
Water system reconstruction.
(1)
Inspection required. The utility water superintendent or his
designee shall inspect all private connections to the public water
mains at the time that the water main is to be reconstructed.
(a)
Lead piping is declared to be no longer an approved material
for water supply laterals pursuant to this section.
(b)
Prior to the actual reconstruction of the water main and lateral
system, each property owner shall be given written notice of the project.
Such notice shall be made not less than 30 days prior to commencement
of the actual work.
(c)
As the reconstruction progresses, the utility water superintendent
or his designee shall inspect each private water lateral connection
for the presence of lead or, in the event inspection had been made
previously, determine the condition of the private water connection
from inspection records.
(d)
In the event that the private water lateral does not contain
lead, the Village shall reconnect the same to the utility system at
an appropriate point near the right-of-way line.
(e)
In the event that the private water lateral is found to contain
lead, the utility water superintendent or his designee shall immediately
notify the owner, in writing, of that fact.
(2)
Owner to replace lead service. The owner shall, at the owner's
expense, replace the lead service. In all cases, the Village shall
supply an appropriate connection point as part of its work. The owner
may elect to:
(a)
Contract with a licensed contractor to complete the repair. All work needed to accomplish the repair shall be done at the expense of the owner. Within 30 days of the giving of notice of deficiency under Subsection C(1)(e) of this section, proof of arrangements for repair shall be provided to the utility water superintendent or his designee, and within 30 days of the giving of notice, the repairs shall be completed.
(b)
Have the Village contractors, if available, complete the repair.
[1]
The Village may, as part of any project, request
unit bid prices for the calculation of the cost of making appropriate
repair or replacement to the private building water laterals.
[2]
If available, and should the owner select this
option, the owner will be charged the entire cost of making the repair
or replacement incurred by the Village.
D.
Lead water lateral fees. The following fees are hereby created and
imposed, each fee separately at the rate of $50 per month, payable
in monthly installments and billed with the regular monthly billing
for Village utility services:
(1)
Inspection refusal fee. A monthly fee of $50 is hereby imposed
for connection of laterals against every property connected to the
water system which the owner refuses to consent to inspection of the
water lateral by the Village. This fee will be imposed beginning 30
days after request has been made by the Village for permission to
inspect the owner's water lateral. This fee will continue until the
property owner consents to inspection by the Village.
(2)
Failure to correct fee. A monthly fee of $50 is hereby imposed
for continued connection of water laterals against every property
connected to the water system which the owner fails to take corrective
action upon request by the Village to replace lead water laterals.
This fee will be imposed beginning 30 days following notice by the
Village to the owner that corrective action is required and has not
been completed on schedule and will continue until corrective action
by the owner has been taken.
See Ch. PSC 185, Wis. Adm. Code.
During reasonable hours, any officer or authorized employee
of the Utility shall have the right of access to the premises supplied
with service, for the purpose of inspection or for the enforcement
of the Utility's rules and regulations. Whenever appropriate, the
Utility will make a systematic inspection of all unmetered water taps
for the purpose of checking waste and unnecessary use of water.
See Ch. PSC 185, Wis. Adm. Code.
See Ch. PSC 185, Wis. Adm. Code.
See Ch. 185, Wis. Adm. Code.
See Ch. 185, Wis. Adm. Code.
A.
See Ch. PSC 185, Wis. Adm. Code.
B.
The form of disconnection notice to be used is as follows or another
form containing the same information:
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DISCONNECTION NOTICE
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Dear Customer:
| ||
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The bill enclosed with this notice includes your current charge
for utility service and your previous unpaid balance.
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You have 10 days to pay the utility service arrears or your
service is subject to disconnection.
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If you fail to pay the service arrears, or fail to contact us
within the 10 days allowed to make reasonable time payment arrangements,
we will proceed with disconnection action.
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To avoid the inconvenience of service interruption and an additional
charge of (amount) for reconnection, we urge you to pay the full arrears
IMMEDIATELY AT ONE OF OUR OFFICES.
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If you have entered into a Deferred Payment Agreement with us
and have failed to make the time payment you agreed to, your service
will be subject to disconnection unless you pay the amount due within
10 days.
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If you have a reason for delaying the payment, call us and explain
the situation.
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PLEASE CALL THIS TELEPHONE NUMBER, (appropriate telephone number),
IMMEDIATELY, IF:
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1.
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You dispute the notice of delinquent account.
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2.
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You have a question about your utility service arrears.
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3.
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You are unable to pay the full amount of the bill and are willing
to enter into a time payment agreement with us.
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4.
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There are any circumstances you think should be taken into consideration
before service is discontinued.
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5.
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Any resident is seriously ill.
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Illness Provision
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If there is an existing medical emergency in your home and you
furnish the utility with a statement signed by either a licensed Wisconsin
physician or a public health official, we will delay disconnection
of service up to 21 days. The statement must identify the medical
emergency and specify the period of time during which disconnection
will aggravate the existing emergency.
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Deferred Payment Agreements
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If for some reason you are unable to pay the full amount of
the utility service arrears on your bill, you may contact the utility
to discuss arrangements to pay the arrears over an extended period
of time. This time payment agreement will require:
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1.
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Payment of a reasonable amount at the time the agreement is
made.
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2.
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Payment of the remainder of the outstanding balance in monthly
installments over a reasonable length of time.
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3.
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Payment of all future utility service bills in full by the due
date.
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In any situation where you are unable to resolve billing disputes
or disputes about the grounds for proposed disconnection through contacts
with our utility, you may make an appeal to the Wisconsin Public Service
Commission, Madison, Wisconsin.
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(UTILITY NAME)
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In the event the utility is not able to collect any bill for
water service even though deposit and guarantee rules are on file,
the bill may be put upon the tax roll as provided in § 66.0809,
Wis. Stats.
| ||
An amount owed by the customer may be levied as a tax as provided
in § 66.0809, Wis. Stats.
A.
When the Utility has reasonable evidence that a consumer is obtaining
his/her supply of water, in whole or in part, by means of devices
or methods used to stop or interfere with the proper metering of the
Utility service being delivered to his/her equipment, the Utility
reserves the right to estimate and present immediately a bill for
service unmetered as a result of such interference and such bill shall
be payable subject to a twenty-four-hour disconnection of service.
When the Utility shall have disconnected the consumer for any such
reason, the Utility will reconnect the consumer upon the following
conditions:
(1)
The consumer will be required to deposit with the Utility an amount
sufficient to guarantee the payment of the consumer's bills for Utility
service to the Utility.
(2)
The consumer will be required to pay the Utility for any and all
damages to its equipment on the consumer's premises due to such stoppage
or interference with its metering.
(3)
The consumer must further agree to comply with reasonable requirements
to protect the Utility against further losses.
B.
Sections 98.26 and 943.20, Wisconsin Statutes, as relating to water
service, are hereby adopted and made a part of these rules.
When premises are to be vacated, the Utility shall be notified
in writing at once so that it may remove the meter and shut off the
supply at the curb cock. The owner of the premises shall be liable
to prosecution for any damage to the property of the Water Utility
by reason of failure to notify the Utility of vacancy.
The utility reserves the right to shut off the water in the
mains temporarily to make repairs, alterations or additions to the
plant or system. When the circumstances will permit sufficient delay,
the company will give notification, by newspaper publication or otherwise,
of the discontinuance of the supply. No rebate will be allowed to
consumers for such temporary suspension of supply.
It shall be the duty of the Utility to see that all open ditches
for water mains, hydrants and service pipes are properly guarded to
prevent accident to any person or vehicle, and at night there shall
be displayed amber signal light in such manner as will, so far as
possible, ensure the safety of the public.
Contractors must ascertain for themselves the existence and
location of all service pipes. Where they are removed, cut or damaged
in the construction of a sewer, the contractor must at his/her own
expense cause them to be replaced or repaired at once. He/she must
not shut off the water service pipes from any consumer for a period
exceeding six hours.
A.
Protective devices in general. The owner or occupant of every premises
receiving water supply shall apply and maintain suitable means of
protection of the premises supply, and all appliances thereof, against
damage arising in any manner from the use of the water supply, variation
of water pressure, or any interruption of water supply. Particularly,
such owner or occupant must protect water-cooled compressors for refrigeration
systems by means of high-pressure safety cutout devices. There shall
likewise be provided means for the prevention of the transmission
of water ram or noise of operation of any valve or appliance through
the piping of their own or adjacent premises.
B.
Relief valves. On all "closed systems" (i.e., systems having a check
valve, pressure regulator or reducing valve, water filter or softener)
an effective pressure relief valve shall be installed either in the
top tapping or the upper side tapping of the hot water tank or on
the hot water distributing pipe connection at the tank. No stop valve
shall be placed between the hot water tank and the relief valve or
on the drain pipe. (See applicable Village plumbing codes.)
C.
Air chambers. An air chamber or approved shock absorber shall be
installed at the terminus of each riser, fixture branch, or hydraulic
elevator main. The air chamber shall be sized in conformance with
local plumbing codes. Where possible, the air chamber should be provided
at its base with a valve and drain cock for water drainage and replenishment
of air.
A.
Definition. 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 Village 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.
Cross-connections prohibited. 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 the Village of
Kimberly 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
Water Utility and by the Wisconsin Department of Natural Resources
in accordance with § NR 811.09(2), Wis. Adm. Code.
C.
Inspections. It shall be the duty of the Water Utility to cause inspections
to be made of all properties served by the public water system where
cross-connection with the public water system is deemed possible.
The frequency of inspections and reinspections based on potential
health hazards involved shall be as established by the Water Utility
and as approved by the Wisconsin Department of Natural Resources.
The Utility may, but is not required to, perform the cross-connection
inspection of an owner's property. If, at the option of the Utility,
it is not able to perform the inspection, the property owner must,
at his own expense, have the plumbing inspected for cross-connection
by a Wisconsin certified cross-connection inspector/surveyor or by
a Wisconsin licensed plumber. The Utility shall charge fees as approved
by the Public Service Commission (PSC) for on-premises follow-up visits
by Utility personnel for inspections due to customer noncompliance
and after-hours inspection(s) or reinspection(s).
D.
Right to inspect. Upon presentation of credentials, the representative
of the 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 Village for cross-connections. If entry
is refused, such representative shall 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.
E.
Discontinuation of service. The 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.
Immediate discontinuation. If it is determined by the 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 Village Administrator 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.
State code adopted. The Village adopts by reference the State Plumbing
Code of Wisconsin being Chs. Comm 81 to 87, Wis. Adm. Code.
H.
Section not to supersede other ordinances. This section does not
supersede the State Plumbing Code and any Village plumbing ordinances
but is supplementary to them.
Sewer and water mains will be extended for new customers on
the following basis:
A.
Where the cost of the extension is to immediately be collected through
assessment by the municipality against the abutting property, the
procedure set forth under § 66.0703, Wis. Stats., will apply,
and no additional customer contribution to the Utility will be required.
B.
Where the municipality is unwilling or unable to make a special assessment,
the extension will be made on a customer-financed basis as follows:
(1)
The applicant(s) will advance as a contribution in aid of construction the total amount equivalent to that which would have been assessed for all property under Subsection A.
(2)
Part of the contribution required Subsection B(1) will be refundable. When additional customers are connected to the extended main within 20 years of the date of completion, contributions in aid of construction will be collected equal to the amount which would have been assessed under Subsection A for the abutting property being served. This amount will be refunded to the original contributor(s). In no case will the contributions received from additional customers exceed the proportionate amount which would have been required under Subsection A nor will it exceed the total assessable cost of the original extension.
A.
Application for installation of water mains and sewer mains in regularly
platted real estate development subdivisions shall be filed with the
Village Administrator and shall set forth the following information:
(1)
Name of subdivision.
(2)
Legal description.
(3)
Map showing streets, lots and sizes of proposed mains and hydrants,
and street laterals.
(4)
Date of approval of subdivision plan by the Wisconsin Department
of Administration.
(5)
Date of approval of proposed mains by the Wisconsin Department of
Natural Resources.
(6)
Number of houses presently under construction.
B.
Upon receipt of the application, the Water Utility will prepare detailed
estimates of the cost of extending water mains and sewer mains of
the size deemed necessary in the subdivision and submit same to the
municipal governing body for approval of the extension. The applicant
for water service to be supplied to a subdivision shall be required
to advance to the Utility, prior to the beginning of the construction,
the total estimated cost of the extension. If the final costs exceed
estimated costs, an additional billing will be made for the balance
of the cost due, with the balance to be paid within 30 days. If final
costs are less than estimated, a refund of overpayment will be made
by the Utility. If the developer or a contractor employed by the developer
is to install the water mains or sewer mains (with the approval of
the Utility), the developer shall be responsible for the total cost
of construction.
A.
Application.
(1)
Scope and applicability. This section and the provisions herein shall
apply to all real property, whether residential, commercial, industrial,
agricultural or institutional, located within the boundaries of the
Village of Kimberly.
(2)
Water conservation standards. No person, firm, partnership, corporation,
limited liability company, limited liability partnership or other
entity shall water or sprinkle or permit the same on a lawn, grass,
trees, garden, shrubs, landscaping, and other outside plants with
water from the Village of Kimberly, except as provided by this section.[1]
(3)
Time limits for outside watering.
(a)
Real property assigned even-numbered mailing addresses shall
be permitted to make such use of water on even-numbered calendar days
before 11:00 a.m. and after 6:00 p.m. Central daylight time. There
shall be absolutely no such use of water between 11:00 a.m. and 6:00
p.m.
(b)
Real property assigned odd-numbered mailing addresses shall
be permitted to make such use of water on odd-numbered calendar days
before 11:00 a.m. and after 6:00 p.m. Central daylight time. There
shall be absolutely no such use of water between 11:00 a.m. and 6:00
p.m.
B.
Exceptions. The following exceptions shall apply:
(1)
Newly seeded lawns; new sod lawns. Newly seeded and newly sod lawns
may be watered every day for not more than 30 days but only before
11:00 a.m. and after 6:00 p.m. Central daylight time upon the issuance
of a permit issued by the Village of Kimberly. Permits may be obtained
at the Municipal Complex, 515 W. Kimberly Avenue, Kimberly, Wisconsin,
during normal business hours. Permits shall be displayed in plain
view in the front window or, if issued for real property without a
building, at such other location so as to be in plain view. There
shall be absolutely no such use of water between 11:00 a.m. and 6:00
p.m.
(2)
Handheld devices and children's water toys. Lawns, trees, shrubs
and other outside plants may be watered by handheld devices, such
as sprinkling cans, sprayers, hoses (when handheld), on any day at
any time. Children's water toys may be used at any time.
(3)
Special cases. The Water Commission may grant permits for water usage
outside the restrictions imposed herein in unique circumstances.
(4)
Emergencies. Notwithstanding any other provisions herein, whenever,
in the opinion of the Water Commission, a necessity to limit water
exists due to weather conditions, water usage, electrical power outages,
or other causes, the Water Commission may for such time as the necessity
for water use limitation exists, issue orders and regulations, suspend
permits, alter days and hours, impose additional terms and conditions,
and prevent usage of water.
C.
Penalties.
(1)
First offense. Any person who shall violate any of the provisions
of this section shall, upon conviction thereof, forfeit not less than
$10 nor more than $25 together with the costs of prosecution.
(2)
Second and subsequent offense(s). Any person found guilty of violating
any provision of this section who shall previously have been convicted
of a violation of the same section within one year shall, upon conviction
thereof, forfeit not less than $25 nor more than $100 for each such
offense together with the costs of prosecution.
(3)
Continued violation(s). Each violation and each day a violation continues
or occurs shall constitute a separate offense. Nothing in this section
shall preclude the Village from maintaining any appropriate action
to prevent or remove a violation of any provision of this section.
(4)
Other remedies. The Village shall have any and all other remedies
afforded by the Wisconsin Statutes in addition to the forfeiture and
costs of prosecution above.
