The Sewer Utility of the City shall be managed and operated by the Utility Committee and respective utility manager in accordance with the provisions of §
267-1B through
J of this chapter.
The Utility Manager is authorized to create,
implement and maintain regulations on the outdoor use of water provided
by the New Berlin Water Utility as may be necessary to conserve the
capacity and pressure of the water supply for the protection of the
public health, safety and welfare. These regulations may apply to,
but are not limited to, the sprinkling of lawns, gardens, shrubs and
trees, car washing, filling of swimming pools, bulk water purchases,
and installation of new lawns; designation of the days and/or hours
when they may or may not be allowed; prohibition of such uses completely
in periods of emergency; irrigation of crops; and for commercial car
washes that recycle water. These regulations are subject to approval
of the Utility Committee and shall be filed in the office of the City
Clerk.
Except as otherwise provided herein, any person found in violation of any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in Chapter
1, General Provisions, §
1-18 of this Code.
[Added 4-13-2004 by Ord. No. 2227]
A. Prohibition of clear water infiltration. All property
within the City of New Berlin which is served by connection to public
sanitary sewers maintained and operated by the City of New Berlin
shall:
(1) Disconnect stormwater inflow sources to public sanitary
sewers maintained and operated by the City;
(2) Disconnect nonstormwater inflows from storm water
sewers maintained and operated by the City;
(3) Maintain the integrity of all laterals and private
main sewers otherwise permitted to be connected to the public sanitary
sewer system to preclude clear water infiltration and inflow into
such laterals and private main sewers; and
(4) Reconnect or relocate any such disconnected inflows
in compliance with City rules and applicable building codes or other
relevant codes. Any infiltration and inflow sources required to be
disconnected or otherwise eliminated pursuant to this section constitutes
a public nuisance subject to injunctive relief and abatement by the
direct action of the City after 10 days' written notice to the property
owner. The cost of the remediation shall be imposed as a special assessment
against the property pursuant to § 66.0627, Wis. Stats.
B. General inspections.
(1) The City of New Berlin may engage in inspections of
all properties served by the municipal sanitary sewer system within
the City of New Berlin from time to time to determine compliance with
this section and shall conduct testing and inspections, including,
but not limited to, closed circuit TV and low-pressure air tests of
sewer laterals and private main sewers and visual inspections and
dyed-water testing of basement clear water plumbing system or components,
foundation drains, down spouts, yard drains and sump pumps. Said regular
inspections shall occur at a frequency of not more than once every
10 years.
(2) In the event that any deficiencies are found during
the course of an inspection which would violate the provisions of
this section or the City Plumbing Code, the property owner shall obtain the appropriate plumbing
permit and correct all violations. Until corrected, said violations
shall be considered a public nuisance and may result in the imposition
of fines or forfeitures and/or injunctive relief and/or the repair
or correction of the deficiency with the cost of said repair being
assessed as a special charge against the property pursuant to § 66.0627
Wis. Stats., or otherwise provided hereunder.
C. Authorization to provide financial assistance.
(1) The City may use utility funds in any extent permitted
by their terms as well as loans, grants or other monies from appropriate
county, state or federal funds for the following:
(a)
The cost of disconnections, reconnections or
relocations required by this section performed by the City or under
contract with the City, including the inspection of properties as
provided for hereunder after the City, pursuant to its rules, has
performed the work and after the City has received from the property
owner a statement releasing the City from all liability with respect
to the work.
(b)
Payments to the property owner or a contractor
hired by the property owner pursuant to a competitive bidding process
for the cost of disconnections, reconnections or relocations required
by this section after the City, pursuant to its rules, has inspected
the work to be performed and after the City has received from the
property owner a statement releasing the City from all liability in
connection with the disconnections, reconnections or relocations.
(2) Except as provided hereunder, the City may require,
under its rules regarding disconnections, reconnections or relocations
of sewer and other clear water discharge sources, the reimbursement
of monies expended pursuant to the foregoing subsection by either
of the following methods:
(a)
A charge to the property owner in the amount
of the payment made pursuant to the foregoing subsection for immediate
payment in installments with interest as determined by the City not
to exceed the maximum amount of interest permitted by law, which payments
may be billed as a separate item with rents charged to that owner
for use of the sewers. The City may approve installment payments for
a period of not more than ten years. The charges are to be paid, and
the City shall certify to its condition and the County Treasurer the
total of the charges to be paid in installments and the number of
installments to be paid, the identity of the parcel of the property.
Such charges shall be a lien on the property from the date that they
are placed on the tax roll and shall be collected in the same manner
as other taxes pursuant to § 66.0703, Wis. Stats.
(b)
The City may adopt a resolution specifying a
maximum amount of the costs of any disconnection, relocation, reconnection
or testing required pursuant to this section which may be paid by
the City for each affected property without requiring reimbursement.
The City, by rule, shall establish criteria for determining how much
of allowable costs for each qualifying parcel may be reimbursed. Disconnections,
reconnections, relocations or testing required under this section
that are performed by a contractor under contract with the property
owner shall not be considered a public improvement as defined under
the State Competitive Bidding Laws, including, but not limited to,
§ 62.15, Wis. Stats., as amended.
[Added 3-10-2009 by Ord. No. 2405]
A. The City of New Berlin does hereby establish a utility
urban service area boundary as set forth in the map which was approved
by the Common Council on February 24, 2009, which map is on file with
the City of New Berlin Department of Community Development. No water
or sewer utility service shall be provided to properties outside of
the urban service area boundary.
B. No amendment of the urban service area boundary may
be permitted without review and recommendation by the New Berlin Plan
Commission and the New Berlin Utility Committee. The approval of such
an amendment shall require a three-fourths vote of the members elect
of the Common Council.