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City of South Milwaukee  |
NOTE: The information listed below may not be accurate and up-to-date. The information is accurate as of the date listed at the bottom of the page; however, ordinances adopted after that date may have changed or eliminated a section of the code. Please contact the City Clerk's office to verify the accuracy of the text contained below. You can e-mail the Clerk by selecting the mailbox in the lower-left corner of this page.
22.01
Introduction and Purpose
22.02
General
22.03
Storm Sewers
22.04
Sanitary Sewers
22.05
Water Mains
22.06
Grading
22.07
Alley Paving
22.08
Curb and Gutters
22.09
Street Paving
22.10
House Laterals
22.11
Sidewalks
22.12
Special Assessment Payments
22.13
Improvement Life - Reassessment
22.01 INTRODUCTION AND PURPOSE. In order to provide for the equitable distribution and assessment of costs incurred in the installation of various public works projects within the City of South Milwaukee, under authorization granted by Section 66.60, Wisconsin Statutes, the Common Council of the City of south Milwaukee ordains these regulations, all subject to, and in conformance with, the latest revisions of the said Section 66.60, Wisconsin Statutes.
22.02 GENERAL. For the purposes of this ordinance, the assessable benefits accruing to any given property from public improvements shall be determined as relating directly to the frontage thereof, as explained hereinafter for the specific improvement. Side frontage, in the case of corner lots, shall refer to that side of the lot which has the most frontage on an improvement. If the long side of a platted lot abuts on any alley paving improvements, whether or not this lot has alleys on two sides thereof, said frontage shall be considered to be side frontage.
Where so provided herein, certain improements may be assessed on an actual cost basis, or some percentage thereof, as specified in the Preliminary Resolution for the particular improvement program.
None of the improvements described herein shall be used by any property for which the applicable assessment has not been paid or payment provided for. Any assessments for such use shall be based on the assessment rate used at the time of the improvement, if known, or it sahll be based on the average of the last three known assessment rates for like improvements.
None of the requirements of this ordinance shall prohibit the Common Council from making adjustments in assessment rates, assessable costs, or in assessable frontages, when, in the opinion of said Common Council, a standard assessment will prove to be excessive or otherwise unreasonable, and not in conformity with the intent of this ordinance.
22.03 STORM SEWERS. No special assessments are to be levied for the construction of storm sewers except as provided in Chapter 14 of the South Milwaukee Code, entitled Land Subdivision Regulations.
22.04 SANITARY
SEWERS.
(1) ASSESSABLE COSTS.
The assessable portion of the installation of sanitary sewers shall consist
of the equivalent cost of laying an 8-inch sewer with sand bedding and
gravel backfill, manholes, manhole frames and covers, road surface replacement
and other incidental costs, but shall not include the cost of risers when
constructed with the sewer main, and shall exclude the cost of mains on
non-assessable frontages, as provided in Subsection (4) hereof.
(2) ASSESSMENT BASIS. The total assessable cost for all sanitary sewer work constructed in the same public works program, when divided by the assessable frontage, will result in the assessment rate to be applied to frontages.
(a) Direct frontage.
Every lot or parcel of land, when abutting the installation of sanitary
sewers on any
street side thereof, shall
pay a minimum assessment based on the frontage of said lot or parcel on
the
street having the smallest
frontage, whether or not the sewer is on that side.
(b) Side frontage.
No assessment shall be levied for side frontage, except that a direct frontage
assessment shall apply to
that side frontage in excess of 150 feet.
(3) ENGINEERING AND ADMINISTRATIVE COSTS. All engineering and administrative costs of the installation shall be included in the assessment rate and computed in the amount of 7% of such assessment rate. Am. 10/8/69, 882
(4) EXCLUSIONS. When sanitary sewers are installed in and through easements, alleys, pedestrian or public walks, and when they do not constitute a direct benefit to the abutting properties, such installation shall not be considered to be a part of the enitre assessable cost of the program.
22.05 WATER
MAINS.
(1) ASSESSABLE COSTS.
The assessable portion of the installation of water mains shall consist
of the equivalent cost of laying an 8-inch water main with sand bedding
and gravel backfill, hydrants, valves and valve boxes, road surface replacement
and other such incidental costs, and shall exclude the cost of mains and
non-assessable frontages. Am. 4/16/85, 1299
(2) ASSESSMENT BASIS. The total assessable cost for all water main installations in the same public works program, when divided by the assessable frontage, will result in the assessment rate to be applied to frontages.
(a) Direct frontage.
Every lot or parcel of land, when abutting the installation of water mains
on any street
side thereof, shall pay a
minimum assessment based on the frontage of said lot or parcel on the street
having the smallest frontage,
whether or not the water main is on that side.
(b) Side frontage.
No assessment shall be levied for side frontage, except that a direct frontage
assessment shall apply to
that side frontage in excess of 150 feet.
(3) ENGINEERING AND ADMINISTRATION COSTS. All engineering and administrative costs of the installation of water mains shall be included in the assessment rate and computed in the amount of 7% of such assessment rate. Am. 10/8/69, 882
(4) EXCLUSIONS. When water mains are installed in and through easements, alleys, pedestrian or public walks, and when they do not constitute a direct benefit to the abutting properties, such installation shall not be assessed against these frontages, except as it may be considered to be a part of the enitre assessable cost of the program.
22.06 GRADING.
(1) ASSESSABLE COSTS.
All grading of land for streets, alleys, sidewalks and curbs, except such
as result from a grade change for the convenience of the City, shall be
assessed on the basis of the actual computed cost of such grading for each
frontage abutting thereon.
(2) ASSESSMENT BASIS. The actual cost of grading shall be computed as applying to all frontages of property abutting thereon.
(3) ENGINEERING AND ADMINISTRATIVE
COSTS. All engineering and administrative costs of grading shall
be included in the assessment rate and computed in the amount of 7% of
such assessment rate.
Am. 10/8/69, 882
22.07 ALLEY
PAVING.
(1) ASSESSABLE COSTS.
The assessable portion of the installation of the alley paving shall be
limited to 85% of the total costs of paving an alley 14 feet in width along
all frontages in the program, including incidental grading work required
and the construction of alley approaches.
(2) ASSESSMENT BASIS. The total assessable cost of the particular type of alley paving, when divided by the total frontage, will result in the assessment rate to be applied to frontages. Am. 6/4/74, 991
(a) Direct frontage.
Every lot or parcel of land, when abutting the installation of alley paving,
shall pay an
assessment for all frontage
thereon, except that in the case an alley abuts on two connecting sides,
the
direct assessment shall apply
only to the short side thereof.
(b) Side frontage.
Side frontage shall be assessed at a rate of 1/3 of the normal rate for
all side frontage
up to 150 feet in length,
the excess over 150 feet being assessable as direct frontage.
(3) ENGINEERING AND ADMINISTRTIVE COSTS. All engineering and administrative costs of alley paving shall be included in the assessment rate and computed in the amount of 7% of such assessment rate. Am. 10/8/69, 882
22.08 CURB
AND GUTTER.
(1) ASSESSABLE COSTS.
The assessable portion of the installation of curb and gutter shall consist
of the total cost of all such work done on assessable frontages, including
incidental grading work and curb radii, but shall exclude curbs on median
strips and other areas not related to property frontages.
(2) ASSESSMENT BASIS. The total assessable cost of the curb and gutter installation, when divided by the assessable frontage, will result in the assessment rate to be applied to frontages.
(a) Direct frontage.
Every lot or parcel of land, when abutting the installation of curb and
gutter, shall pay
an assessment for all frontage
thereon, except that in the case a curb and gutter abuts on two connecting
sides, the direct assessment
shall apply only to the short side thereof.
(b) Side frontage. Side frontage shall be assesed on the same basis as direct frontage.
(3) ENGINEERING AND ADMINISTRATIVE COSTS. All engineering and administrative costs of the installation of curb and gutter shall be included in the assessment rate and computed in the amount of 7% of such assessment rate. Am. 10/8/69, 882
22.09 STREET
PAVING.
(1) ASSESSABLE COSTS.
The assessable portion of the installation of street paving shall consist
of the total cost of all such work done on assessable frontages, including
incidental grading work and intersection paving, and shall be limited to
the cost of paving the equivalent of 1/2 of a 36 foot wide residential
roadway.
(2) ASSESSMENT BASIS. The total assessable cost of the particular type of street paving, when divided by the total frontage will result in the assessment rate to be applied to frontages. Am. 6/4/74, 991
(a) Direct frontage.
Every lot or parcel of land, when abutting the installation of street paving,
shall pay an
assessment for all frontage
theron, except that in the case a street abuts on two connecting sides,
the
direct assessment shall apply
only to the short side thereof.
(b) Side frontage.
Side frontage shall be assessed at a rate of 1/3 of the normal rate of
all side frontage
up to 150 feet in length,
the excess over 150 feet being assessable as direct frontage.
(3) ENGINEERING AND ADMINISTRATIVE COSTS. All engineering and administrative costs of street paving shall be included in the assessment rate and computed in the amount of 7% of such assessment rate.
(4) EXCLUSIONS. A 5-inch asphalt roadway over a 6-inch stone base shall be considered to be the standard residential roadway. Road installations of a different type or greater thickness or cost shall be assessed at the rate for the described standard roadway. Am. 3/5/91, 1491
22.10 HOUSE
LATERALS.
(1) ASSESSABLE COSTS.
All sewer and water laterals installed to abutting properties shall be
assessed on the basis of the actual cost of such installation for each
lateral.
(2) ASSESSMENT BASIS. The assesment basis for house laterals shall be the actual cost per installation.
(3) ENGINEERING AND ADMINISTRATIVE COSTS. All engineering and administrative costs shall be included in the assessment rate and computed in the amount of 3% of such assessment rate. Am. 10/8/69, 882
22.11 SIDEWALKS.
(1) ASSESSABLE COSTS.
The assessable portion of the installation of sidewalks shall consist of
the total cost of all such work done in a program, including incidental
grading work, but shall exclude sidewalk paving at the radius of intersections.
(2) ASSESSMENT BASIS. The total assessable cost of the sidewalk paving, when divided by the assessable frontage, will result in the assessment rate to be applied to frontages.
(a) Direct frontage.
Every lot or parcel of land, when abutting the installation of sidewalks,
shall pay an
assessment for all frontage
thereon.
(b) Side frontage. Assessment shall be paid as in direct frontage.
(3) ENGINEERING AND ADMINISTRATIVE COSTS. All engineering and administrative costs shall be included in the assessment rate and computed in the amount of 7% of such assessment rate. Am. 10/8/69, 882
22.12 SPECIAL ASSESSMENT PAYMENTS. Special assessment payments provided for herein may be paid in cash until the due date of the billing, therefor, or annual installments, the maximum terms of which, except as otherwise provided herein, shall be as follows:
(a) Street paving -
10 years.
(b) Sanitary sewers,
water mains, house laterals - 5 years.
(c) Alley paving, curb
and gutter, sidewalks, grading, resurfacing - 3 years.
The unpaid balance of any special assessment levied hereunder shall bear interest from the original due date thereof at a rate which shall be determined by the Common Council prior to the publication of the notice required by Section 66.54(7)(e), Wisconsin Statutes, relative to the payment of annual installments of special assessments and such rate shall be specified in said notice.
In the event that the total special assessments levied against any lot or parcel of land during the calendar year shall exceed the sum of $400.00, the owner of such lot or parcel may elect to pay the same in 10 annual installments, notwithstanding the maximum installment terms hereinabove provided.
22.13 IMPROVEMENT
LIFE - REASSESSMENT. Due to the uncertainty connected with
estimating the life expectancy of a given improvement and due to the many
extraneous factors which can contribute to the reduction in the useable
life thereof, the Common Council shall, at the time reconstruction of the
specific improvement becomes necessary, weigh the factors which contributed
to this necessity and determine what portion of the cost, if any, shall
be reassessed against the abutting properties according to the assessment
basis previously outlined for the improvement. Cr. 3/3/64, 750