Ordinance #127

Financial Procedure
Fees for Extraordinary Services - Village of Chenequa

FEES FOR EXTRAORDINARY SERVICES

An ordinance to create Section s - 1 s of the Code of Ordinances of the Village of Chenequa, Waukesha County, Wisconsin.

WHEREAS, the Village provides fire, police and other response services for the protection of the public health, safety and welfare, the costs of which are funded from the general tax revenue of the Village; and

WHEREAS, such services may involve property which is not owned by a property taxpayer of the Village such as utility transmission and telephone lines, gas lines, cable television equipment, or hazardous materials, or may involve property owned by a taxpayer of the Village, but which requires extraordinary response services, such as an open burning site or a hazardous substance or hazardous waste handling or storage site; and

WHEREAS, such response services benefit the owner or person in charge of such property and the public health.. safety, and welfare; and

WHEREAS, the Village pursuant to Section 61.34, Wis. Stats., and its police powers may collect the costs of such response services from the owner or person in charge of the property if it is deemed proper and in the best interest of the public health, safety, and welfare;

NOW, THEREFORE, the Village Board of the Village of Chenequa, do ordain as follows:

Sec. 8.18 of the Village Code of Ordinances is created as follows:

Fees for Extraordinary Services

(1) Definitions

(a) "Hazardous substance" or "hazardous waste" are as defined in Section 289.01(11) and (12), Wis. Stats.

(b) "Property" means the personal property or real estate directly involved in the response services, including, but not limited to, utility transmission or telephone line, gas line, cable television equipment, open burning site or hazardous substance or hazardous waste handling or storage site.

(c) "Village response services" means Village of Chenequa police, fire, or other similar response services.

(2) Responsibility for Costs

(a) In the event the Village Administrator determines the costs incurred for Village response services are extraordinary in amount or the services for which the costs are incurred are extraordinary in type, the Administrator shall refer said matter to the Village Board.

(b) Upon referral, the Village Board shall review and determine whether to seek reimbursement for the extraordinary costs from the owner of the property. The Board shall consider the amount of the costs involved, the nature of the response services, the impact of the response on other Village services, and such other factors it deems appropriate in making its determination.

(c) The Board may direct the Administrator to issue an invoice for the costs of labor and materials, or a portion thereof, to the owner or person in charge of the property. The invoice shall include an itemization of the costs and a requirement for payment within thirty (30) days.

(3) Severability

The provisions of this ordinance are severable. In the event any portion hereof is found to be unconstitutional, void, or otherwise unenforceable by a court of competent jurisdiction, such finding shall not affect the remaining provisions hereof which shall remain in full force and effect.