Cudahy Municipal Code Ch. 8.28 Capping of Wells

As used in this chapter:

(1) “Person” shall mean any individual, firm, corporation, copartnership, joint venture, association, social club, fraternal organization, estate, trust, business trust, receiver, syndicate, city, or any other group or combination acting as a unit, and the plural as well as the singular number.

(2) “Shall” shall be mandatory, and “may” shall be permissive. (2002 Code § 17-1.1).

Every person who digs, drills, excavates, constructs, owns, or controls any abandoned water well or abandoned oil well, and every person owning or having possession of any premises on which any such abandoned well exists, shall cap or otherwise close the mouth of or entrance to such well in such manner as to prevent persons from falling therein and in such a manner that such capping or covering cannot be removed by accident or inadvertence, or such person shall fill such a well. (2002 Code § 17-1.2).

Whenever any person fails or refuses to perform any act required by this chapter, the city may itself cap, cover or fill such well. It is not necessary to follow the provisions of this chapter as a condition precedent to any criminal prosecution. In the event the city caps, covers, or fills such well the cost and expense thereof shall be paid to the city by the owner or possessor of such property and a civil action may be brought by the city to recover the same. In such action the city shall be entitled to recover reasonable attorney’s fees. (2002 Code § 17-1.3).