Fiscal Note
This ordinance revision will not have a material financial impact on the Water Utility.
Title
Amending Sections 13.06(2)(e) and (f) and Section 13.21(10) of the Madison General Ordinances to revise the procedure for abatement of water pit hazards and well abandonment and repealing Section 13.06(2)(e)2.h. of the Madison General Ordinances relating to severability.
Body
DRAFTER’S ANALYSIS: This ordinance consists of several housekeeping amendments to clarify, remove inconsistencies, provide the correct utility cost recovery by levy of special charges, and repeal the severability provision that is unnecessary due to Section 1.12, MGO.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subdivision (e) entitled “Abatement of Water Pit Hazards” of Subsection (2) entitled “Maintenance of Water Meter Pits” of Section 13.06 entitled “Access To Premises and Maintenance of Water Meter Pits” of the Madison General Ordinances is amended to read as follows:
“(e) Abatement of Water Pit Hazards. If the General Manager of the Water Utility, or his or her designee, determines that the design or condition of an existing water meter pit is a serious hazard to the health or safety of the Utility’s employees or to the public, then the General Manager may order the owner or operator to repair or replace the water meter pit at the owner or operator’s expense, pursuant to this subsection. An owner or operator may also comply with such an order by removing the water pit.
1. Summary Abatement of Water Pit Hazard.
a. Order of Abatement. If the General Manager of the Water Utility determines that a water meter pit constitutes a public nuisance and that there is imminent danger to the public health, safety, peace, comfort or welfare, he or she may, without notice or hearing, issue an order to the owner and/or operator reciting the existence of a public nuisance constituting imminent danger to the public and requiring immediate action be taken as he or she deems necessary to abate the nuisance. Notwithstanding any other provisions of this subsection, the order shall be effective immediately. Any person to whom such order is directed shall comply with the order immediately.
b. Abatement by the Utility. Whenever the owner or operator shall refuse or neglect to remove or abate the condition described in the order, the Director of the Water Utility may, in her or his discretion, enter upon the property and cause the nuisance to be removed or abated and the Water Utility shall recover the expenses incurred thereby from the owner or operator of the property. The expenses so incurred may be assessedlevied as a special taxcharge against the property.
2. Nonsummary Abatement of Water Pit Hazard.
a. Order to Abate Nuisance. If the Director of the Water Utility determines that a water meter pit constitutes a public nuisance but that the nature of such nuisance is not such as to threaten imminent danger to the public health, safety, peace, comfort or welfare, he or she shall issue an order reciting the existence of a public nuisance and requiring the owner and/or operator of the property to remove or abate the condition described in the order within the time period specified therein. The order shall be served personally on the owner of the property, as well as the operator if different from the owner and applicable to the described nuisance, or, at the option of the Director of the Water Utility, the notice may be mailed to the last known address of the person to be served by registered mail with return receipt requested. If the owner or the operator cannot be served, the order may be served by posting it on the main entrance of the premises and by publishing as a class 31 notice under Chapter 985, Wis. Stats. The time limit specified in the order runs from the date of service or publication.
b. Abatement by the CityUtility. If the owner or occupantoperator fails or refuses to comply within the time period prescribed, the Director of Water Utility may enter upon the property and cause the nuisance to be removed or abated and the Water Utility shall recover the expenses incurred thereby from the owner or occupantoperator of the property. The expenses so incurred may be assessedlevied as a special taxcharge against the property.
c. Remedy from Order. The order of the Director of the Water Utility shall not be appealable to the Board of Water Commissioners. Any person affected by orders issued under this subsection shall, within thirty (30) days of service or publication of the order,timely apply to the circuit court for an order restraining the Water Utility and the Director of the Water Utility from entering on the premises and abating or removing the nuisance, or be forever barred. The court shall determine the reasonableness of the order for abatement of the nuisance.”
2. Subdivision (f) entitled “Authority to Assess Costs” of Subsection (2) entitled “Maintenance of Water Meter Pits” of Section 13.06 entitled “Access To Premises and Maintenance of Water Meter Pits” of the Madison General Ordinances is amended to read as follows:
“(f) Authority to Assess Costs. The cost of abatement or removal of a nuisance under this section shall be collected from the owner, operator or person causing, permitting or maintaining the nuisance and, if notice to abate the nuisance, if applicable, has been given to the owner, such cost, shall be assessed as a special tax against the property if not paid, may be levied as a special charge against the property.”
3. Subparagraph h. entitled “Severability” of Paragraph 2. entitled “Nonsummary Abatement of Water Pit Hazard” of Subdivision (e) entitled “Abatement of Water Pit Hazards” of Subsection (2) entitled “Maintenance of Water Meter Pits” of Section 13.06 entitled “Access To Premises and Maintenance of Water Meter Pits” of the Madison General Ordinances is hereby repealed.
4. Subsection (10) entitled “Penalties” of Section 13.21 “Well Abandonment” of the Madison General Ordinances is amended to read as follows:
“(10) Penalties. The penalty for violation of this section may be not less than twenty-five dollars ($25) nor more than one thousand dollars ($1,000) and the cost of prosecution. Each day of violation is a separate offense. If any person fails to comply with this ordinance for more than ten (10) days after receiving written notice of the violation, the City may impose a penalty and cause the well abandonment to be performed and the expense tomay be assessedlevied as a special taxcharge against the property.”
Editor’s Note: Section 13.06(2)(e)2.h. currently reads:
“(h) Severability. The provisions of any part of this section are severable. If any provision or subsection hereof or the application thereof to any person or circumstances is held invalid, the other provisions, subsections and applications of such ordinance to other persons or circumstances shall not be affected thereby. It is declared to be the intent of this section that the same would have been adopted had such invalid provisions, if any, not been included herein.”