[Adopted 9-20-2021 by Ord. No. 21-27]
As used in this article, the following terms shall have the
meanings indicated:
A water transmission line is deemed to be abandoned, in the
case of a line that is subject to federal, state or local permitting,
when the permit expires, or is terminated or not renewed; and in all
other cases, when the water line is not used for its intended purpose
for a period of 12 months; unless such time is extended in writing
by the Village Engineer.
Includes all underground pipes, tunnels, channels and conveyance
systems without limitation, regardless of manner or materials used
in construction, which conveys any form of fluid that is water-based,
for any purpose, including, without limitation, drinking water, sanitary
sewerage, and stormwater, whether pretreated or post-treated, whether
operated by gravity or force main or any other means.
[Amended 8-8-2022 by Ord. No. 22-20]
No owner of a water transmission line 12 inches or greater in
diameter shall abandon the transmission line unless the transmission
line has been removed or filled as required by this article, unless
an alternative abandonment plan is approved by the Village Board.
[Amended 8-8-2022 by Ord. No. 22-20]
The owner of a water transmission line 12 inches or greater in diameter, prior to abandoning the line in place, shall submit a plan for filling the line with slurry to the Village Engineer for approval, unless an alternative plan is approved by the Village Board under § 234-18. No line shall be abandoned until the Village Engineer has approved the plan for filling the line, unless an alternative abandonment plan is approved by the Village Board under § 234-18.
[Amended 8-8-2022 by Ord. No. 22-20]
Upon approval of the Village Engineer, the line shall be filled per the approved plan prior to the line being abandoned, unless an alternative abandonment plan is approved by the Village Board. The abandonment of a water transmission line 12 inches in diameter or greater in violation of this article shall constitute a nuisance pursuant to Article I of Chapter 234 of this Code.
Enforcement of violations of this article shall be pursuant to the process identified in § 234-8 of this Code.
In addition to any other penalty imposed by this article for
the erection, contrivance, creation, continuance or maintenance of
a public nuisance, the cost of abating a public nuisance by the Village
shall be collected as a debt from the owner, occupant or person causing,
permitting or maintaining the nuisance, and if notice to abate the
nuisance has been given to the owner, such cost shall be assessed
against the real estate as a special charge.
