Chapter 13.05
WATER UTILITY REGULATION AND RATES
Sections:
13.05.020 Rules and regulations adopted by reference.
13.05.030 Village control of utility.
13.05.050 Consumer rules and regulations.
13.05.060 Connection and application.
13.05.070 Meters and water only meters.
13.05.080 Excavations and tapping.
13.05.100 Private well abandonment and permitting.
13.05.010 Purpose.
The purpose of this chapter is to regulate and control the operation and use of the public water system within the village of Arena* in order to promote the public health, safety and general welfare of the village and its citizens. This chapter is designed to promote reasonable water service for the community and to set forth equitable service systems so as to obtain the maximum public benefit. [Res. 02-02 § 2. Prior code § 5-1-1].
* When used in this chapter, the words “village” or “board” or “village board” shall mean the highest village authority or its designated agent.
13.05.020 Rules and regulations adopted by reference.
(a) Existing Rules. The existing rates, service rules and existing regulations for the village water utility as adopted by resolution of the village and approved by and filed with the Wisconsin Public Service Commission are hereby adopted and incorporated herein by reference. A copy of the current rates is on file with the village clerk. Standard rules published by the Public Service Commission of Wisconsin (small utility rules) are hereby adopted by the village as applicable to the village water utility.
(b) Adoption of Other Rules. The village hereby adopts all the rules and regulations of the State Plumbing Code (Wis. Adm. Code Chapters COMM 82 and 87), the State Building Codes (Wis. Adm. Code Chapter COMM 20-25), rules and regulations of the Department of Natural Resources (Wis. Adm. Code Chapter NR 811 and 812), and the Public Service Commission (Wis. Adm. Code Chapter PSC 185) insofar as the same are applicable to the village. [Res. 02-02 § 2. Prior code § 5-1-2].
13.05.030 Village control of utility.
(a) Authority. Control of the village of Arena water utility* is vested in the village board. All records, minutes and all written proceedings thereof shall be kept by the village clerk or his/her deputy. The village clerk and/or treasurer shall keep all the financial records.
(b) General Power. The utility shall have the power to construct water facilities and lines for public use and fountains at such places as the village shall determine, shall have the power to lay water pipes in and through the alleys, streets and public grounds of the village, and shall generally have the power to do all such work as may be found necessary or convenient in the management of the water system. The board shall have power to purchase and acquire all real and personal property which may be necessary for construction, maintenance and operation of the utility, or for any repair, remodeling or additions thereto. The right is reserved to the board to change the said rules, regulations, and water rates from time to time as they may deem advisable, and to make special rates and contracts in all proper cases, subject to the authority of the Wisconsin Public Service Commission and applicable Wisconsin laws.
(c) Condemnation of Real Estate. When, in the judgment of the board, any real estate, any easement thereon, or use thereof, shall be necessary to the water system and whenever an agreement for the purchase thereof cannot be made with the owner thereof, the board may proceed with all necessary steps to acquire such real estate, easement, or use by condemnation in accordance with the Wisconsin Statutes.
(d) Title to Property. All property, real, personal and mixed, acquired for the construction and use of the water system, and all plans, specifications, diagrams, papers, books and records connected with said water system, and all buildings, machinery, equipment and fixtures pertaining thereto, shall be the property of the village. [Res. 02-02 § 2. Prior code § 5-1-3].
* When used in this chapter, the word “utility” or “water utility” shall mean the village of Arena water utility.
13.05.040 Service territory.
The village water utility’s service territory shall be the village’s municipal boundaries. Property annexed into the village shall increase the service territory area. All property within the service territory shall be included in and served by the water utility. Neither water service nor the extension of water laterals shall be provided or installed by the village to or on any premises which is located outside the service territory. [Res. 02-02 § 2. Prior code § 5-1-4].
13.05.050 Consumer rules and regulations.
(a) General Rules a Contract. The water utility rules, regulations and water rates set forth herein and/or adopted by resolution of the village board shall be considered a part of the contract with every person, company or corporation who is supplied with water through the utility; and every such person, company or corporation, by taking water or connecting with the utility, shall be considered as expressing consent to be bound thereby.
(b) Turning On Water. The water shall not be turned on for a user except by a duly authorized employee of the water utility. When a plumber has completed a job he or she shall leave the water turned off. This does not prohibit the plumber from testing the work performed.
(c) Consumers to Conserve Water. All users shall keep the hydrants, taps, hoses, commodes, urinals, baths, or other fixtures allotted to their use closed, except when obtaining water for use, and shall be responsible for any damage or injury that may result to others from the improper use of said water.
(d) User to Permit Inspections. The board shall have power themselves, or through their officers, agents and servants, to enter upon any land for the purpose of examining facilities and infrastructure or to otherwise perform their duties hereunder, without liability therefor. Every user shall permit the board, or its duly authorized agent, at all reasonable hours of the day, to enter their premises or building to examine the pipes and fixtures and the manner in which the pipes and water connections operate; and they must at all times, frankly and without concealment, answer all questions put to them relative to its use. The utility may make inspections pursuant to a warrant as provided by Section 66.0119, Wis. Stats., or its successor.
(e) Utility and Consumer Service Responsibility.
(1) All water service apparatus from the street main to the location of the curb stop and including all controls in between will be maintained and kept in repair by the utility without expense to the property owner, except when they are damaged by the property owner, tenant, or other agent of the owner.
(2) The user shall maintain at the user’s expense all water service apparatus from the curb stop to the premises and throughout the premises at the expense of the user. Maintenance shall include the user keeping in good repair and protecting from frost their service pipes, water fixtures and other water apparatus at their own risk and expense. All expenses relating to the introduction of water into buildings or private premises shall be paid by the applicant.
(3) If a user fails to repair a leaky or broken service pipe from curb stop to point of metering or use within a reasonable amount of time after oral or written notification has been provided, mailed or served, the water may be shut off and will not be turned on again until the repairs have been completed. If the user does not repair such breaks or leakage, the service may be repaired by the village and charged back to the user. The user shall be billed for any water which has not passed through the meter but has been wasted by such breaks or leakage.
(4) It is expressly stipulated that no claim shall be made against the village board by reason of the breaking, clogging, stoppage, or freezing of any service pipe.
(f) Water Service Rates. Water service rates shall be as directed by the board and as filed with and approved by the Wisconsin Public Service Commission.
(g) Payment of Bills.
(1) Failure to Receive Bill – No Penalty Exemption. Reasonable 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.
(2) Billing. The property owner is held responsible for all water bills on premises that he/she owns. All water bills and notices of any nature, relative to the water supply, will be addressed to the owner and delivered to the premises referred to on such bill or notice unless arrangements are made by the property owner.
(h) Charges Are a Lien on Property. The water service charges, including monthly service charge, and other applicable charges, may become a lien against the property. Water service charges shall be collected and taxed and shall be a lien upon the property served in the same manner as prescribed and in accordance with the provisions of Section 66.0809, Wis. Stats., or its successor.
(1) On October 15th of each year, notice shall be given to the owner or occupant of all lots or parcels of real estate to which water service has been furnished prior to October 1st and payment for which is owing and in arrears at the time of giving such notice. Such notice shall be given by the treasurer unless otherwise directed by the board. Such notice shall be in writing and state the amount of such arrears, including any penalty. Such notice may be served by delivery to either such owner or occupant personally, or by letter addressed to such owner or occupant at the Post Office address of such lot or parcel of real estate.
(2) Such notice shall state that unless the same is paid by November 1st, a penalty shall be added and paid in the amount of 10 percent of the arrears; and that unless such arrears, with any such added penalty, is paid by November 15th, then such arrears and penalty will be levied as a tax against the lot or parcel of real estate to which service was furnished and for which payment is delinquent.
(3) On November 16th, the treasurer, or officer or department issuing the notice, shall certify and file with the village clerk a list of all lots or parcels on which arrears still remain unpaid, and stating the amount of such arrears together with the added penalty. Such list shall include the legal description of the property and names of owners or occupants. Each such delinquent amount, including the penalty, shall thereupon become a lien upon the lot or parcel of real estate, and the clerk shall insert the same as a tax against such lots or parcels of real estate.
(i) Disconnections.
(1) The right is hereby reserved to shut off the supply of water at any time for the purpose of repairs or any other necessary purpose. Whenever it shall become necessary to shut off the water supply within any area of the village, where practicable, the village will give notice to each and every consumer within the area to be disconnected of the time when such supply will be so shut off.
(2) Except as otherwise required by law, the utility is hereby authorized and directed to discontinue water service to any property whenever any of the water utility rules or regulations are violated or wherein any connection in violation of this chapter exists, and to take any 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 Chapter 68, Wis. Stats., except as provided in subsection (i)(3) of this section. The user shall be required to immediately correct any such violation upon receipt of written notice of such violation from the village. Upon conviction, the user shall be subject to penalties as prescribed herein and water service to such property shall not be restored until such violations have been eliminated and full payment of any such payments have been made.
(3) If it is determined by the village 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 user’s premises, service may be immediately discontinued. The user shall have an opportunity for hearing under Chapter 68, Wis. Stats., within 10 days of such emergency discontinuance.
(j) Vacation of Premises and Discontinuance of Service. Whenever a premises served by the water system is to be vacated, or whenever any person desires to discontinue service from the system, the utility must be notified in writing so that it may remove the meter and/or shut off the water. The owner of the premises shall be liable for any damage to the property of the utility by reason of failure to notify the utility of such vacancy.
(k) Polluting Water or Injuring Waterworks. It shall be unlawful for any person to willfully pollute or otherwise injure any water supplied by the system in any tunnel, aqueduct, reservoir, pipe or other thing, or to willfully injure the system, or any building, machinery or fixture pertaining thereto, or to willfully and without authority of the board impede or derange the flow of water in any tunnel, aqueduct, pipe or other thing belonging to the said system, or to willfully and without authority of said board, bore or otherwise cause to leak any tunnel, aqueduct, reservoir, pipe or other thing used in the system for holding, conveying, or distributing water. [Ord. dated 3/6/12 § 32; Res. 02-02 § 2. Prior code § 5-1-5].
13.05.060 Connection and application.
(a)(1) Mandatory Connection. Whenever a parcel of land located within the village has located on it a building or other structure used for human habitation, recreation, occupancy or for the conduct of any trade, business or industry, the owner shall install water facilities and connect to the utility in compliance with all requirements of this chapter. Such facilities shall be installed and connected at owner’s expense. Curb stops must be located in the village right-of-way and must be less than eight feet below grade for shut-off. The village will test with curb stop wrench after backfilling. If curb stop is more than eight feet below grade or bent to a point where the wrench will not work, the owner/contractor will redo to the village’s satisfaction. If they are not placed in the village right-of-way, they will be moved by the village immediately to the right-of-way at the owner’s/contractor’s expense.
(2) New Well Restrictions. Following enactment of this chapter, no new private well used for potable water or other human consumption shall be allowed within the village, whether or not served or interconnected with the water utility. This prohibition shall not apply to new sand point wells intended to be used for purposes other than potable water or other human consumption. Any new sand point well will be subject to the permit requirements under AMC 13.05.100.
(b) Application for Service. After enactment of this chapter, every person connecting into the utility, or extending or altering any existing supply from the curb line or within the street property line shall file an application in writing to the village in such form as is prescribed for that purpose and as required below.
(1) Applications will be furnished at the office of the village clerk.
(2) The application must state truthfully and fully the intended use for which the application is being made.
(3) The application must provide the complete and correct legal description of the property to be served.
(4) The application must contain a description of the work to be done, the character of the supply pipe, and the fixtures or appliances to be supplied.
(5) The application shall give the date and time when the work is to be done.
(6) If the applicant is not the owner of the premises, the written consent of the owner must accompany the application.
(c) Application Approval. No person may hereafter connect to the village water utility without application approval. All complete applications shall be submitted to the village clerk. Following submission to the village clerk, the application shall be reviewed by the village water utility’s agent or designee. The application shall be approved if the application is complete, the service applied for provides adequate service for the contemplated use, the application is filed in conjunction with an application for sewer service, and the service or work to be performed is in compliance with state, county, and local laws and standards. Upon approval, a permit shall be issued for the services as shown on the application. An application not meeting the listed standards may be rejected by the reviewing village water utility agent or designee. If an application for water service is rejected, the applicant may appeal the rejection to the village board within 15 days of the date of the rejection by submitting a written request to appeal to the village clerk. The village board shall hold a hearing on the appeal within 40 days of submission of the written appeal request to the village clerk and render a decision on the appeal within 30 days following the hearing.
(d) Water Service Connection. For each duplex or multifamily dwelling built in the village it is required that each unit within the duplex or multifamily dwelling have an individual water meter and curb stop valve.
(e) Deposit. No deposit shall be required of new residential users except as provided in Wis. Adm. Code Section PSC 185.36, or its successor. [Res. 05-05; Res. 02-02 § 2. Prior code § 5-1-6].
13.05.070 Meters and water only meters.
(a) Water Meters. All users and persons desiring to connect to the utility must provide a location for a water meter, and to maintain such location and passageway thereto in a clean and sanitary fashion and free from any obstruction or any condition of a hazardous nature. No connection for water meters shall be installed in any location not easily accessible, which is or may be unclean, unsanitary or in any manner unsafe to utility employees.
(b) Repairs to Meters. Water meters will be repaired by the utility and the cost of such repairs caused by ordinary wear and tear will be borne by the utility. Repair of any damage to a water meter resulting from the carelessness of the owner of the premises, his or 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 injured from the presence of water or steam in the meter, shall be paid for by the user or the owner of the premises.
(c) Private Well Water Meters. Any user who discharges any sewage into the village sewer sanitary system and who procures any part of or all the user’s water from sources other than the water utility shall have water meters installed by the water utility at the user’s expense for the purpose of determining the volume of water obtained from the sources. Where sewer meters are already installed, water meters are not required. The water meters shall be furnished by the water utility and installed under its supervision, all costs being the expense of the person requiring the meter. Where approved sewer water meters are installed, charges for sewer use under Chapter 13.10 AMC would be made based on the sewer water meter reading. Such meters shall be subject to testing and inspection by the utility.
(d) Water Only Meter. If a user requests the installation of an additional meter to receive credit for clear water (such as water used for lawn sprinkling, swimming pools and the like) not discharged into the sanitary sewer system, the water utility shall furnish and install this additional meter. A rental fee shall be charged for the use of this meter and the rates as established by the Wisconsin Public Service Commission for the rental of such meter shall apply. Further, there shall be an initial meter installation charge as established by the Wisconsin Public Service Commission. For the provisions of this subsection to apply, the additional meter must be installed on the same service lateral as the primary meter. Any additional piping within the building shall be supplied at the owner’s expense. [Ord. dated 8/4/20 #2 § 1; Amended during 2013 recodification; Ord. dated 3/6/12 § 30; Res. 02-02 § 2. Prior code § 5-1-7].
13.05.080 Excavations and tapping.
(a) In making excavations in streets or highways for laying service pipe or making repairs, the excavated material must be deposited in a manner that will occasion the least inconvenience to the public and provide for the passage of water along gutters or drainage ways. Proper erosion control practices in accordance with village and state requirements must be followed.
(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 must be maintained at such excavations.
(c) In refilling the excavation after the service pipes are laid, the earth must be laid in layers of not more than 12 inches in depth, and each layer thoroughly compacted to prevent settling. This work, together with the replacing of sidewalks, curb and gutter, landscaping and paving, must be done so as to replace the street to as good or better condition as before it was disturbed, and satisfactory to the board or its agent. No opening of the streets for tapping the water mains will be permitted when the ground is frozen.
(d) No persons, except those having special approval and permission from the board will be permitted, under any circumstances, to tap the water mains or collection pipes, or insert stop cocks or ferrules therein. The kind and size of the connection with the pipe shall be that specified in the permit or order from said board. Pipes should be tapped at the 2:00, 10:00 or 12:00 position and not within six inches of the joint, hub or another cap, or within 24 inches of another lateral connection.
(e) After water connections have been introduced into any building or upon any premises, no plumber shall make any tap or connection with the pipes upon such premises, for alterations, extensions or attachments, unless the party ordering such tapping or other work shall exhibit the proper permit for the same from the board. [Res. 02-02 § 2. Prior code § 5-1-8].
13.05.090 Hydrants.
(a) Use of Hydrants. Permission may be granted by the utility to use a hydrant. No hydrant shall be used until it is equipped with a proper valve and in no case shall any valve be set or moved except by a member of the utility, or its authorized agent. An application must be made to the utility for setting a valve and the applicant must pay a hydrant hook-up fee of $35.00 per connection plus $1.41 (or the current rate approved and on file with the Wisconsin Public Service Commission) per 1,000 gallons of water or proportionate fraction thereof.
(b) Unauthorized Operation of Hydrants. Any person who, without authority of the utility, opens any fire hydrant, except for the purpose of extinguishing fire, or who wantonly injures or impairs the same shall be subject to penalties under this chapter. [Res. 02-02 § 2. Prior code § 5-1-9].
13.05.100 Private well abandonment and permitting.
(a) Statement of Purpose. The purpose of this section is to prevent contamination of ground water, surface water, near-surface water and the municipal water system, to protect the public health, safety and welfare by assuring that unused, unsafe, noncomplying and/or improperly constructed wells do not serve as conduits for passage of contamination, to secure proper abandonment of such wells, and to comply with Wis. Adm. Code Section NR 811.10, or its successor.
(b) Well Abandonment Requirement. Any private well located on any premises which is served by the water utility and which is not used currently, which is not in compliance with Wis. Adm. Code Chapter NR 812, or its successor, which tests unsafe, or which may serve as a conduit for ground water contamination shall be abandoned in accordance with this chapter. Only those wells for which a well operation permit has been granted under subsection (c) of this section may be exempted from this requirement.
(1) On property served by the water utility system, noncomplying wells and pump installations may be upgraded to comply with Wis. Adm. Code Chapter NR 812, or its successor, provided all other permit requirements and applicable regulations are met.
(2) A private well may be temporarily abandoned under the provisions of Wis. Adm. Code Chapter NR 812, or its successor.
(3) If water from a private well is known to produce water which exceeds a DNR health advisory, a primary standard in Wis. Adm. Code Chapter NR 809, or its successor, or an enforcement standard in Wis. Adm. Code Chapter NR 140, or its successor, a well operation permit shall not be issued without the approval of the DNR.
(c) Well Operation Permits. A permit must be granted by the village to a well owner to operate a well for a period not to exceed three years. At the end of the permit period, the well owner may apply for a renewal of the permit upon submission of updated information necessary for an approval of an original permit application. Permit applications shall be made on forms provided by the village clerk and subject to final approval by the village. The following requirements must be met before a well operation permit is issued:
(1) An application must be filed which shall include the complete and correct legal description of the property to be served by the well, and a description of the well including type, size and depth of the well.
(2) The applicant shall provide evidence that the well and pump installation meet the requirements of Wis. Adm. Code Chapter NR 112, or its successor, and that either a 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.
(3) The applicant shall provide evidence that the well has a history of producing safe water and presently produces bacteriologically safe water as evidenced by a well sampling analyzed at a state certified laboratory within three months preceding the request for the well operation permit or permit renewal.
(4) The applicant shall provide evidence that no physical connection exists between the piping of the village water utility system and the private well. This requirement is subject to independent inspection by the utility.
(5) The applicant shall show that the proposed use of the well can be justified as being necessary in addition to water provided by the village water utility system.
(6) A fee of $20.00 is paid to the village for the processing of the permit.
(d) Application Approval. All complete applications shall be submitted to the village clerk. Following submission to the village clerk, the application shall be reviewed by the village water utility’s agent or designee. The application shall be approved if the application is complete, if the requirements under subsection (c) of this section are met, and if the well is in compliance with state, county, and village laws and standards. Upon approval, a permit shall be issued for the well as shown on the application. An application not meeting the listed standards may be rejected by the reviewing village water utility agent or designee. If an application for water service is rejected, the applicant may appeal the rejection to the village board within 15 days of the date of the rejection by submitting a written request to appeal to the village clerk. The village board shall hold a hearing on the appeal within 40 days of submission of the written appeal request to the village clerk and render a decision on the appeal within 30 days following the hearing.
(e) Well Abandonment Standards.
(1) All private wells located on any premises in the village which have been abandoned or which must be abandoned in accordance with this chapter shall be closed according to the procedures outlined in Wis. Adm. Code Chapter NR 812, or its successor. The pump and piping must be removed and the well checked for obstructions prior to plugging. Any obstructions or liner must be removed. Filling with unapproved materials or using unacceptable procedures is prohibited.
(2) The filling of an abandoned well must be observed by a representative of the utility. Advance notice of at least five business days must be provided to the village clerk prior to abandonment so a utility representative may observe the filling.
(3) A well abandonment report form, DNR No. 3300-5, is available at the village clerk’s office and must be submitted by the well owner to the village clerk within 10 days of abandonment completion. The village clerk shall send a copy of the report to the appropriate DNR district office within 10 days of receipt of the completed report.
(f) Operating Wells. Well owners who continue to operate an approved potable water well which goes into the village sanitary sewer system shall annually inspect such wells to be certain that the well and pump installation meet requirements of the Wis. Adm. Code Chapter NR 812, or its successor, that the well is producing water which is safe for its intended use, and which is not acting as a channel for ground water contamination. Copies of such annual inspection reports shall be provided to the utility. Failure to provide such annual inspection reports shall be considered a violation, subject to penalty provisions hereunder.
(g) Existing Nonpotable Water Wells. All owners of any private well located within the village shall supply the village with a water test at time of permit renewal certifying that the well supplies water that is nonpolluting and is safe for its intended use. This provision applies to all wells, regardless of whether the well drains into the village sewer system or supplies potable water. In the event an owner fails to supply a water test analysis or supplies an insufficient test, the village shall have the authority to take a sample of the well water and bill the owner for the cost of testing. [Ord. dated 3/6/12 § 31; Res. 03-03; Res. 02-02 § 2. Prior code § 5-1-10].
13.05.110 Cross-connections.
The purpose of this section is to comply with the Wisconsin Administrative Code which requires protection of the village water system from pollution and other harm due to back-flow of contaminants through the water service connection. The Wisconsin Departments of Natural Resources and Commerce require the maintenance of a continuing program of cross-connection control to systematically and effectively prevent the contamination of all public potable water systems.
(a) Cross-Connection Defined. 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 of which either contains water from a private source, water of unknown or questionable safety, or contains steam, gases, or chemicals, whereby there may be a flow from the one system to the other, the direction of flow depending on the pressure differential between the two systems. Pursuant to Wis Admin. Code Chapters COMM 82 and NR 811, or their successors, a cross-connection also includes a private well connected to a plumbing system which is also connected to the municipal system.
(b) Cross-Connection 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 village water supply may enter the village water supply or distribution system, unless such private, auxiliary or emergency water supply and the method of connection and use of such supply has been approved by the village water utility and by the Wisconsin Department of Natural Resources in accordance with Wis. Adm. Code Section NR 811.09, or its successor.
(c) Village Inspections. It shall be the duty of the village utility, by its appointed representative, to inspect all properties serviced by the water system where cross-connections are deemed possible. The frequency of inspections and reinspections based on potential health hazards involved shall be as established by the village and as approved by the Wisconsin Department of Natural Resources.
(d) Village Right of Entry. Upon presentation of credentials, the representative of the village shall have the right to request entry at any reasonable time to examine any property served by a connection to the village water system for cross-connections. If entry is refused, such representative may obtain a special inspection warrant under Section 66.0119, Wis. Stats., or its successor. Upon 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. Pursuant to AMC 13.05.050(i), the utility is hereby authorized and directed to discontinue water service to any property wherein any connection in violation of this cross-connection section exists. [Res. 02-02 § 2. Prior code § 5-1-11].
13.05.120 Penalty.
(a) Penalty. Any person, company or corporation who violates any provision of this chapter or any resolution, rule or regulation of the village hereunder, or who turns on the water in any premises in which the water has been shut off, or into which the water has not yet been turned on, or who connects any water main or service pipe without first having obtained a permit therefor, who violates any provision regarding cross-connections, well abandonment, well permitting or well testing, or who violates any related provision of the Wisconsin Statutes, Wisconsin Administrative Code or any other materials which are incorporated by reference, shall upon conviction forfeit not less than $25.00 nor more than $1,000 together with the cost of prosecution. Each 24-hour period during which the violation continues after the date of notice shall be deemed a separate violation. The violation shall be determined to be in effect until such violation is corrected by payment of all arrears, of the expenses and established charges of shutting off and turning on, and of any such other expenses as the board may incur.
(b) Damage Recovery. The utility shall have the right of recovery 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 in the performance of any work under their control, or by any negligent act. Owners or operators of motor vehicles will be held liable for the cost of repair of any hydrant or any other water service fixture damaged by them and the utility will not be responsible for the damage due the motor vehicle by reason of such accident. [Ord. dated 3/6/12 § 33; Res. 02-02 § 2. Prior code § 5-1-12].