[HISTORY: Adopted by the Village Board of
the Village of Pleasant Prairie 5-2-1988 as §§ 13.01 to 13.16 and
13.40 of the 1988 Code. Amendments noted where applicable.]
All persons now receiving a water supply from
the Utility, or who may hereafter make application therefor, shall
be considered as having agreed to be bound by all rules and regulations
as filed with the State Public Service Commission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The provisions of Ch. PSC 185, Wis. Adm. Code, are adopted by reference and made a part of these rules as if set forth in full. A violation of any of such rules shall constitute a violation of this section and shall be punishable as provided in § 355-20.
A.
Village Board to operate. The management, operation
and control of the water system for the Village is vested in the Village
Board, which shall serve as the Water Utility. All records, minutes
and all written proceedings thereof shall be kept by the Village Clerk;
the Village Treasurer shall keep all financial records of such utility.
B.
Powers. The Water Utility of the Village shall have
the power to construct waterlines for public use and shall have the
power to lay water pipes in and through the alleys, streets, and public
grounds of the Village, and generally, to do all such work as may
be found necessary or convenient in the management of the water system.
The Water Utility shall have power by itself, its officers, agents,
and servants, to enter upon any land for the purpose of making examination
or supervise in the performance of its duties under this chapter,
without liability therefor, and the Village shall have power to purchase
and acquire for the Water Utility all real and personal property which
may be necessary for construction of the water system or for any repair,
remodeling, 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
Village, be necessary to the water system, and whenever, for any cause,
an agreement for the purchase thereof cannot be made with the owner,
the Village Board shall proceed with all necessary steps to take such
real estate easement or use by condemnation in accordance with the
Wisconsin Statutes.
D.
Title to real estate and personalty. All property,
real, personal and mixed, acquired for the construction of the water
system, and all plans, specifications, diagrams, papers, books, and
records connected therewith, and all buildings, machinery, and fixtures
pertaining thereto, shall be the property of the Water Utility.
A.
Application. Every person connecting with the water
system shall file an application in writing to the Village Clerk in
such form as prescribed for that purpose.
(1)
Blanks for such application must state fully and truly
all uses intended. Additional uses or changes in stated uses will
not be allowed except upon further application and permission regularly
obtained from the Village Board.
(2)
If the applicant is not the owner of the premises,
the written consent of the owner must accompany the application.
(3)
Persons whose premises are connected to the Village
Water Utility are referred to herein as "users."
(4)
If it appears that the service applied for will not
provide adequate service for the contemplated use, the Village Board
may reject the application. If the Village Board approves the application,
it shall issue a permit for services as shown on the application.
B.
Deposit. Each user shall, prior to hookup and to guarantee
payment of all charges herein, pay a deposit in cash in the amount
equal to the minimum quarterly water charge, such charge to be determined
by the type of service by which the property is connected to the mains.
Such deposits shall be refunded after two years of timely payment
of quarterly charges or when the user moves from the premises, whichever
is first, providing all charges are current.
C.
User to repair. All users shall keep their own service
pipes in good repair and protected from frost, at their own risk and
expense, and shall prevent any unnecessary waste of water. All expenses
relating to the connection with the water system shall be paid by
the applicant. No charge, however, shall be made for the services
of the Director of Public Works in directing where and in what manner
the mains shall be tapped and excavations made in the street for laying
pipe.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Use restricted. No user shall allow others to connect
to the water system through his lateral.
E.
User to permit inspection. Every user shall permit
the Water Utility or its duly authorized agent, at all reasonable
hours of the day, to enter his premises or building to examine the
pipes and fixtures and the manner in which the water is used, and
must at all times, frankly and without concealment, answer all questions
put to him relative to its use.
F.
Utility responsibility. It is expressly stipulated
that no claim shall be made against the Village Water Utility 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 district of the
Water Utility, the Village Clerk or agent shall, if practicable, give
notice to each and every user within such district of the time when
the service will be shut off.
G.
Meters. The owner of any premises shall provide a
location for a water meter and maintain such location and passageway
thereto clean and sanitary and free from any obstruction or any condition
hazardous in 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.
A.
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.
B.
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 shall be maintained at such excavation.
C.
In refilling the opening after the service pipes are
laid, the earth shall be laid in layers of not more than nine inches
deep and each layer thoroughly compacted to prevent settling. This
work, together with the replacing of sidewalks, ballast and paving,
shall return the street to a condition at least as good as before
it was disturbed and satisfactory to the Director of Public Works.
No opening of the streets for tapping the pipes will be permitted
when the ground is frozen.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
No persons, except those having special permission
from the Water Utility or persons in their service and approved by
them, 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 the Water
Utility.
B.
Pipes should always be tapped on the top, and not
within six inches (15 cm) of the joint, or within 25 inches (60 cm)
of another connection.
A.
All waterlines on private property, 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; specifically § SPS
382.40, Water supply systems.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
The building's waterline shall be inspected upon completion
of placement of the pipe, before backfilling, and tested before and
after backfilling.
C.
All water service laterals installed within the Village
shall have a permanent, operable control valve installed by the Utility
contractor or homeowner within three feet of the point where the water
service first enters the building. When a water meter is provided,
the building control valve shall be located upstream of the water
meter. This control valve shall be installed at the time of water
lateral installation to facilitate the Village's installation of the
meter horn. All valves shall be one inch in size or be reduced down
with adaptors so that a one-inch male fitting can be installed by
the Village Water Utility. Valves shall be gate or ball valves and
shall be one-hundred-twenty-five-pound rated with a cast bronze body
and brass trim, as manufactured by Red-White Value Corporation or
equal comparison. Additional reference: § SPS 382.40(4)(b)3a,
Wis. Adm. Code, as amended from time to time.
[Added 8-23-1993; amended at time of adoption of Code
(see Ch. 1, General Provisions, Art. II)]
D.
Water service lines and curb stops shall be located
outside of any paved, hard surface driveway approaches or driveway
areas where a new water service is installed for all existing one-
and two-family dwellings. In all new subdivisions, water service lines
and curb stops must be utilized in their designed and approved locations.
If the water service curb stop falls within the driveway approach
or driveway surface, the property owner shall sign a letter of indemnification
with the Village, holding the Village harmless for any and all future
liability, loss, or damage associated with any work as may be required
by the Village within the property owner's paved portion of the driveway
which is located in the Village road right-of-way. This letter of
indemnification shall be recorded with the Register of Deeds, with
the recording fee paid by the property owner. The water service curb
stop located within the driveway approach or paved surface shall be
isolated with expansion material.
[Added 8-23-1993; amended 6-17-2002 by Ord. No. 02-33]
E.
Each individual single-family dwelling unit shall
require its own water service lateral. If a single-family dwelling
exists with a commercial/business on the same property, each dwelling
shall have its own water service lateral.
[Added 9-18-2000 by Ord. No. 00-49]
F.
A licensed master plumber is required to make the
interior piping connection and disconnection, as required by the Wisconsin
State Plumbing Code, of a water service when a single or two-family
residential dwelling is currently serviced by a well, after a permit
is issued by the Village of Pleasant Prairie.
[Added 9-18-2000 by Ord. No. 00-49]
All water service within the limits of the Village
from the street main to the property line and including all controls
between the same will be maintained by the Water Utility without expense
to the property owner unless such damage is 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 Utility 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.
The property owner is held responsible for payment
within the prescribed period of all water bills on premises that he
owns. All water bills and notices of any nature relative to water
service shall be addressed to the owner and delivered to the premises
referred to on such bill or notice.
The Utility shall have the right to recover
from all persons any expense incurred by the Utility for the repair
or replacement of any water pipe, curb-cock, 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 shall be liable for the cost of repair of any hydrant
damaged by them, and the Utility shall not be responsible for damage
to the motor vehicle by reason of such accident.
Whenever premises served by the Utility are
to be vacated or whenever any person desires to discontinue service
from the Utility, the Utility must be notified in writing. The owner
of the premises shall be liable for any damages to the property of
the Utility by reason of failure to notify the Utility of a vacancy
or any damage occurring to the property of the Utility other than
through the fault of the Utility or its employees, representatives
or agents.
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 Village Clerk to be placed on the tax roll for
collection as provided by the Wisconsin Statutes.
A.
A unit of service shall consist of any residential,
commercial, industrial or charitable aggregation of space or area
occupied for a distinct purpose, such as a residence, apartment, flat,
store, office, industrial plant, church or school. Each unit of service
shall be regarded as one user.
B.
Suites in houses or apartments with complete housekeeping
functions (such as cooking) shall be classed as apartment houses;
thus houses and apartments having suites of one, two or more rooms
with toilet facilities, but without kitchen for cooking, are classed
as rooming houses.
C.
When a user's premises has several buildings for which
services are eligible and such buildings are used in the same business
and connected by the user, the Water Utility shall set a separate
rate for such complex.
[Amended 6-5-2006 by Ord. No. 06-26; 6-20-2011 by Ord. No. 11-16]
A.
Purpose. The purpose of this section is to protect consumers and
the public water supply system of the Village from the possibility
of contamination or pollution due to a backflow of contaminants into
building plumbing and/or into the public water supply system.
B.
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.
C.
No person 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 water supply of
the Village, may enter the supply or distribution system of such 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 the Wisconsin Department of Natural Resources in
accordance with § NR 811, Wis. Adm. Code.
D.
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 in
accordance with § NR 811, Wis. Adm. Code.
E.
Upon presentation of credentials, the Water Utility, Village and/or
its representative 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.
F.
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 G. 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.
G.
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 Clerk 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.
H.
The Village of Pleasant Prairie adopts by reference the State Plumbing
Code of Wisconsin, being Ch. SPS 382, Wis. Adm. Code. This section
does not supersede the state plumbing codes but is supplementary to
them.
A.
Notice to connect. Whenever the public sewer or water
system becomes available to any public, commercial, mercantile or
business building, or any building used for human habitation, the
Village Administrator shall notify in writing the owner, agent or
occupant thereof to connect thereto all facilities required by the
Village Administrator. If the person to whom notice has been given
fails to comply within 10 days after notice, the Village Administrator
may cause the necessary connections to be made, and the expense thereof
shall be assessed as a special tax against the property pursuant to
§ 281.45, Wis. Stats.
[Amended 3-2-2009 by Ord. No. 09-04; 8-17-2020 by Ord. No. 20-31]
B.
Deferred payment. When required by § 281.45,
Wis. Stats., payment may be deferred as described therein.
[Amended 8-17-2020 by Ord. No. 20-31]
C.
Privies and waterless toilets prohibited. After connection
of any building to a sewer main hereunder, no privy or waterless toilet
shall be used in connection with such building.
D.
When it has been determined by the Village Administrator
that any public, commercial, mercantile or business building, or any
structure used for human habitation, has access to municipal sewer
or water and has not connected within the one-year period provided
for with the installation of said utilities, the Village Administrator
may cause no less than three proposals from licensed and qualified
contractors and plumbers to be secured for the construction, installation,
connection and restoration of the private utility service. The lowest
and best qualified contractor may be authorized to commence work.
Upon completion of said work, the person receiving the service may
be assessed the cost for the work as a special tax against the property
pursuant to § 281.45, Wis. Stats.
[Added 7-20-1992; amended 8-17-2020 by Ord. No. 20-31]
[Amended 1-6-2003 by Ord. No. 03-03; 6-5-2006 by Ord. No. 06-26; 8-6-2012 by Ord. No. 12-22]
A.
Purpose.
(1)
To prevent unused and/or improperly constructed wells from serving
as a passage for contaminated surface or near surface waters or other
materials to reach the usable groundwater. These wells shall be properly
filled and sealed.
(2)
To prevent unused, unsafe and noncomplying wells from acting as vertical
conduits for aquifer contamination or as sources of unsafe water that
could enter the public water system through cross-connections.
B.
Required well abandonment. Wells that do not have a valid operational permit issued pursuant to Subsection D below, wells which are not routinely used, wells which are in noncompliance with Ch. NR 812, Wis. Adm. Code, or wells which test bacteriologically unsafe shall be property sealed and abandoned in accordance with Ch. NR 812, Wis. Adm. Code, by an established date not to exceed one year from date of connection to the public system or date of discovery or construction.
C.
Coverage. All private wells located on any premises which are served
by the public water system of the Village shall be properly filled
by June 1, 1985. Only those wells for which a well operation permit
has been granted by the Village of Pleasant Prairie may be exempted
from this requirement, subject to conditions of maintenance and operation.
D.
Well operation permits. A permit may be granted to a well owner to
operate a well for a period not to exceed five years if the following
requirements are met:
(1)
The well and pump installation meet the requirements of Ch. NR 812,
Wis. Adm. Code, and the well constructor's report is on file with
the Department of Natural Resources, or certification of the acceptability
of the well has been granted by the Private Water Supply Section of
the Department of Natural Resources.
(2)
The well has a history of producing safe water and in accordance
with § NR 810.16, Wis. Adm. Code, presently produces bacteriologically
safe water as evidenced by one sample. A minimum of one safe sample
be taken prior to issuing or reissuing the permit to establish that
the water is bacteriologically safe.
(3)
The proposed use of the well can be justified as being necessary
in addition to water provided by the public water system.
(4)
No physical connection shall exist between the piping of the public
water system and the private well in accordance with § NR
812.26, Wis. Adm. Code.
E.
Cost of well operation inspections and permits. The cost of a well
inspection and to obtain a well operation permit is established in
the Village Fee Schedule, which permit is valid for five years. This
cost will be added onto your utility bill. In the case of a shared
well, only the parcel containing the physical well will be required
to obtain a permit. Any residence connected to a shared well must
pass all required inspections and produce one safe water sample as
is required by the permit holder. Failed well inspections will result
in the need for a reinspection, which is an additional fee as established
in the Village Fee Schedule per inspection.
[Amended 8-20-2018 by Ord. No. 18-34; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
F.
Methods. Wells to be abandoned shall be filled according to the procedures
outlined in Ch. NR 812, Wis. Adm. Code. The pump and piping shall
be removed and the well checked for obstructions prior to plugging.
Any obstruction or liner shall be removed.
G.
Reports and inspection. A well abandonment report shall be submitted
by the well owner to the Department of Natural Resources on forms
provided by that agency. The report shall be submitted immediately
upon completion of the filling of the well.
[Added 9-13-1993]
A.
Purpose, intent. It is the purpose and intent of this
chapter that the health, safety and welfare of the public of the Village
of Pleasant Prairie be promoted by the performance of water tests
for residents of the Village. It is the purpose of this chapter to
provide for water tests to be performed by the Village of Pleasant
Prairie.
B.
WATER
WATER TESTS
Definitions. In this chapter, the following words
shall have the following meanings:
Water which is used for potable purposes.
A sample which shall be evaluated for the presence of bacteria.
C.
Village Administrator to develop rules. The Village
Administrator shall develop rules for the implementation and enforcement
of this chapter.
D.
Cost. Water tests shall be as established in the Village
Fee Schedule
[Amended 3-18-2002 by Ord. No. 02-16; 6-4-2012 by Ord. No.
12-21; at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Added 3-1-2004 by Ord. No. 04-20]
The Village shall allocate the costs associated
with public fire protection based on the property values of all parcels
within the Public Fire Protection District. [Note: Mechanism to charge
for PFP services in § 196.03(3)(b), Wis. Stats.]
A.
For this purpose, the property value of all real estate
parcels not exempt from general property taxation will be equal to
the assessed value established in the year prior to the year of collection.
In instances where building improvements are sited on leased land,
the assessed value of the building, if valued as personal property,
shall be added to the assessed value of the land to produce a total
property value.
B.
For those properties exempt from general real estate
property taxes, a property value will be determined pursuant to the
valuation procedures outlined in the Wisconsin Statutes, including
but not limited to § 70.32, Wis. Stats., as may be amended
from time to time, and in a manner commensurate with the valuation
of taxable real property in the Village. In instances where building
improvements are sited on leased land, the value of the building,
if valued as personal property, shall be added to the value of the
land to produce a total property value.
[Added 3-1-2004 by Ord. No. 04-20]
A.
Purpose. This section provides the only allowable means for owners of real property that is exempt from general property taxation to question a value or revaluation of property made pursuant to § 355-18.
B.
Board of Review meeting.
(1)
Meeting. Upon receiving properly filed written objections, the Board of Review, organized pursuant to Chapter 18, Article VI, Board of Review, of this Code, shall meet the third Tuesday in October for the purpose of hearing and deciding disputes regarding values of properties exempt from general property taxation. At that meeting, the Board of Review shall take testimony and other evidence pursuant to the procedures in Subsection D below for properly filed written objections. [Note: Parallels the meeting provisions in § 70.47, Wis. Stats.]
(2)
Assessor present. The Village Director of Assessment
Services or designated staff shall be present at the meeting. [Note:
Parallels § 70.47(3)(ag), Wis. Stats.]
C.
Notice. At least 15 days before the meeting under Subsection B, or at least 30 days before in any year in which the taxation district conducts a revaluation under § 70.05, Wis. Stats., the Department of Assessment Services shall issue written notice of the property value of each tax-exempt property only if the Department arrives at a value different than the value used in the previous year. The notice shall be sent by ordinary mail to the owners of such properties and shall include the date of the meeting under Subsection B and the property owner's rights to be heard at that meeting pursuant to the terms of this section. [Note: Parallels § 70.47(2), Wis. Stats.]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Objections.
(1)
A property owner who disputes the value or revaluation for which they receive notice under Subsection C may file with the Board of Review Clerk written objections on the forms provided by the Board of Review and in compliance with § 70.47(7)(ae), Wis. Stats. Such written objections must be filed by at least 5:00 p.m. on the Thursday before the meeting under Subsection B. The Board of Review Clerk shall notify the Board of Review and the Village Director of Assessment Services of each written objection within 24 hours of receipt of the objection. [Note: Parallels § 70.47(7), Wis. Stats.]
(2)
The Board of Review may consider objections first presented in writing at the meeting under Subsection B if good cause is shown explaining why written objection could not be made pursuant to this section. [Note: § 70.47(3)(a)4, Wis. Stats.]
(3)
Persons who own land and improvements to that land
may object to the aggregate valuation of that land and improvements
to that land, but no person who owns land and improvements to that
land may object only to the valuation of that land or only to the
valuation of improvements to that land. [Note: Restates provision
in § 70.47(7), Wis. Stats.]
E.
Procedures. The Board of Review shall use the procedures in § 70.47(8), Wis. Stats., as may be amended from time to time, to hear objections filed pursuant to Subsection D. Proceedings under this section are also subject to the provisions of § 70.47(7)(aa), (ac), (ae) and (af), Wis. Stats.
F.
Board's duties and authority. The Board of Review shall correct all apparent errors in description or computation for all property values disputed pursuant to Subsection D. The Board of Review may adjourn from time to time until all objections are heard and decided and shall provide notice of the revised schedule to parties whose objections under Subsection D remain pending. [Note: Parallels § 70.47(6), Wis. Stats.]
G.
Correction of values. From the evidence before it,
the Board of Review shall determine whether the Director of Assessment
Services' value is correct. If the value is too high or too low, the
Board of Review shall raise or lower the assessment accordingly and
shall state on the record the correct assessment and that that assessment
is reasonable in light of all of the relevant evidence that the Board
of Review received. A majority of the members of the Board of Review
present at the meetings to make the determination shall constitute
a quorum for purposes of making such determination, and a majority
vote of the quorum shall constitute the determination. In the event
there is a tie vote, the assessment shall be sustained. [Note: Parallels
§ 70.47(9)(a), Wis. Stats.]
H.
Notice of decision. The Board of Review shall provide the objecting property owner notice by personal delivery or by mail, return receipt required, of the amount of the assessment as finalized by the Board of Review and a statement of appeal rights pursuant to Subsection I. Upon delivering or mailing the notice under this subsection, the Board of Review Clerk shall prepare an affidavit specifying the date when that notice was delivered or mailed. [Note: Parallels § 70.47(12), Wis. Stats.]
