Village of Cambria, WI General Regulations

It shall be the duty of the abutting owner to build, repair, construct and perpetually maintain sidewalks along or upon any street, alley or highway in the Village and to pay the entire cost of construction thereof. Any owner of property fronting on any street for which a grade has been established may construct a sidewalk in front of such property, providing such sidewalk be built in conformity with the provisions of this section.

Whenever the Village Board shall by resolution determine that a sidewalk be laid, rebuilt, repaired, lowered or raised along or upon any public street, alley or highway within the Village, it shall proceed according to § 66.0907, Wis. Stats.

Sidewalks shall be located in such places as designated by the Village Board. No person shall remove any sidewalk without the permission of the Public Property Committee.

Permit required. No person shall hereafter lay, remove, replace or repair any public sidewalk within the Village unless he is under contract with the Village to do such work or has obtained a permit therefor from the Director of Public Works or Village Board at least three days before work is proposed to be undertaken. A certificate of insurance, bond or deposit of $200 is required and will be returned after a final inspection is completed within 30 days of completion of the project.

Standard specifications for sidewalks.

General.

All sidewalks shall be constructed of masonry meeting Wisconsin Department of Transportation standard specifications, unless otherwise specified in this section.

Concrete sidewalk construction shall meet the specifications and provisions set forth in this section and shall be constructed in locations and to line and grade as established by the Village. All sidewalks constructed in the Village shall conform to the line and grade established by the ordinances or resolutions of the Village. Where no grade has been established as ascertained by the records, the Village Engineer shall prepare and report a grade for the approval of the Village Board, and when the same has been established, the Village Engineer shall stake out the sidewalk as ordered by the Village Board. No sidewalk shall be laid under the provisions of this section until a grade therefor has been established by the Village Board.

Subgrades. All earth, dirt and material shall be removed to a depth not less than eight inches, 10 inches across private driveways, below the grade line, and the space shall be filled with crushed stone, sand or gravel. The base shall be left four inches thick after being tamped, with the stone or gravel to be not larger than 1 1/2 inches in diameter and to be free from dirt, dust and foreign matter. Soft, porous and unsuitable subgrade material shall be removed and replaced with sand, gravel or other satisfactory materials, and the subgrade shall be thoroughly and uniformly compacted and moistened immediately before the concrete is placed. On embankments, the upgrade shall extend at least one foot beyond each edge of the sidewalk.

Concrete. The minimum quantity of cement per cubic yard shall be six ninety-four-pound sacks. Concrete shall be mixed for at least one minute. Gravel shall be of good quality and washed. Concrete shall test 2,000 pounds compression in 28 days. Bituminous sidewalks are prohibited.

Forming. Concrete shall be placed in straight forms of wood or metal of sufficient strength to resist springing, tipping or other displacement during the process of depositing and consolidating the concrete. Concrete shall be placed in the forms on a moist subgrade, deposited just above the finished grade and consolidated and spaded sufficiently to bring the mortar to the surface and to prevent honeycombing; it shall then be struck off level with the top of the forms and finished with wooden flats. Forms shall be securely fastened, staked, braced and held firmly to required line and shall be sufficiently tight to prevent leakage of mortar, and all forms shall remain in place for 24 hours after pour.

Jointing, floating and finishing. Soon after screening and while the concrete is still plastic, the surface shall be floated with wood, cork or metal floats or by a finishing machine. At all places where the sidewalk intersects another sidewalk or curbline, a one-half-inch expansion joint shall be placed. Transverse expansion joints of 1/2 inch thick and four inches wide and five feet long or premolded material shall be located every 30 feet. Sidewalks must be marked off to make blocks five foot square and be at right angles to the parallel lines. A new sidewalk adjoining an old sidewalk or a sidewalk which abuts curb and gutter shall have one-half-inch-by-four-inch expansion joints of premolded material.

(6)

Slopes.

All forms must be approved by the Director of Public Works or other inspector designated by the Director of Public Works before concrete is poured. To provide adequate drainage, the sidewalk shall slope toward the curb at a minimum rate of 1/2 inch per foot of width of sidewalk. All joints and edges shall be finished with a one-fourth-inch radius edging tool.

In cases where the grade exceeds 15%, steps or special construction shall be required to fit the existing conditions. Such details shall be prepared by the Village Engineer and approved by the Village Board before construction of the walk is started.

Sidewalk shall be constructed within the limits of the street and, unless otherwise specifically indicated by the Village Board, there shall be a four-foot strip of street property left between the property line and the edge of the sidewalk.

(7)

Width and thickness. Residential walks shall be four feet in width, laid six inches outside property line, but not less than four inches in thickness, except within driveway approaches where the minimum thickness shall be seven inches. In the alternative, the Village Board may direct that reconstructed sidewalks match the width of existing adjacent sidewalks.

(8)

Finishing. The concrete shall be struck off true to grade, finished smooth and given a broom finish. In case of rain, the walk shall be covered to protect the surface from being damaged. Walks shall be kept free from all traffic at normal temperatures for 48 hours and in cold weather (below 50° F.) for 96 hours. No concrete shall be poured when the temperature may be expected to fall below 35° F. in any seventy-two-hour period or upon frozen subgrade.

(9)

Curing and drying. As soon as any of the concrete work hereinbefore mentioned has been finished and hardened sufficiently to prevent excessive marring of the surface, it shall be cured and protected against rapid drying. Failure to comply with this requirement shall be deemed sufficient cause for suspension of the work. Curing shall be accomplished by the imperious coating, wet fabric, or paper methods. For impervious coating or membrane curing, only those materials meeting requirements of ASTM Specification C156-44-T, "Method of Test for Efficiency of Materials for Curing Concrete," shall be used. Said specifications are hereby adopted by reference as if fully set forth herein.

(10)

Cold weather requirements. When temperature is less than 40° F., all concrete placed in the forms shall have a temperature between 50° F. and 70° F. and shall meet the requirements as per Wisconsin Department of Transportation specifications for cold weather concrete.

(11)

Variances.

Location. Where the location of a sidewalk in accordance with the specifications established herein would conflict with the location of trees or the root systems thereof, a variance to the specifications may be issued by the Village Board permitting the sidewalk to be located so as to eliminate or reduce such conflict. No variance shall be issued if the public safety or welfare would be adversely affected thereby. No fee shall be charged for such variance.

Materials. Where the property owner desires to use nonstandard materials such as brick, aggregate or cobblestone in the construction of a sidewalk, a variance to specifications established herein may be issued by the Village Board to permit the use of such nonstandard materials. No variance shall be granted for any portion of a sidewalk which crosses or is part of a driveway, nor shall a variance be granted if the public safety or welfare would be adversely affected thereby. A condition of the granting of a variance under this subsection shall be the execution and recording of an indemnity agreement binding the property owner, his/her successors and assigns, holding the Village harmless from a liability, loss or damage resulting from the use of such nonstandard materials.

Defective sidewalks.

The Village Board may determine that any sidewalk which is unsafe, defective or insufficient be repaired or removed and replaced with a sidewalk in accordance with this section. The existence of any one or more of the hereinafter enumerated characteristics shall determine whether a sidewalk is defective or insufficient:

One-half inch or more vertical differential between adjacent sharp-edged individual sidewalk blocks (crack in slab) and between adjacent round-edged individual sidewalk blocks (joints).

One and one-fourth inch horizontal distance between adjacent individual sidewalk blocks.

Deterioration of the surface to a vertical depth of 1/2 inch or more within each individual sidewalk block.

If 80% of a property owner's sidewalk blocks are determined to be defective or insufficient, the entire sidewalk shall be replaced.

Sidewalk repair or replacement. Pursuant to § 66.0907, Wis. Stats., the Village Board may order property owners to repair or remove and replace any sidewalk which is unsafe, defective or insufficient. If the property owner shall fail to repair or remove and replace such sidewalk within 60 days after service of the notice provided for in § 66.0907, Wis. Stats., the Village Board shall repair or construct such sidewalk, and the Village Clerk/Treasurer shall enter the total cost thereof upon the tax roll as a special assessment against said lot or parcel of land. If a life-threatening situation exists which is caused by a sidewalk in need of repair, the Public Property Committee shall direct the property owner to make repairs within 20 days. If the property owner shall fail to repair such sidewalk within the required period, the Village Board shall make the necessary repairs, and the Village Clerk/Treasurer shall enter the total cost thereof on the tax roll as a special assessment against said parcel.

New subdivision sidewalks. Sidewalks required in new subdivisions and developments shall be paid for by the land divider pursuant to Chapter 405, Subdivision of Land, of this Code. New sidewalks constructed in existing areas of the Village shall be paid for by adjacent property owners.

§ 400-6 Excavations of streets, alleys, public ways and grounds.

Permit required. No person, partnership or corporation or their agents or employees or contractors shall make or cause to be made any opening or excavation in any public street, public alley, public way, public ground, public sidewalk or Village-owned easement within the Village without a permit therefor from the Director of Public Works.

Standards; fees.

Municipal standards. All street work shall be performed in accordance with the current standard specifications for street openings. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to the condition prior to damage.

Fee. The fee for a street opening permit shall be as set by the Village Board, plus actual Village expenses. Permit fees shall be paid to the Village Clerk/Treasurer, who shall issue his receipt therefor.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Insurance required. A permit shall be issued only upon condition that the applicant submit to the Village satisfactory written evidence that applicant has in force and will maintain during the time the permit is in effect public liability insurance of not less than $500,000 per one person, $500,000 for one accident and property damage coverage of not less than $200,000. The policy shall name the Village as the third party insured.

Bond.

Before a permit for excavating or opening any street or public way may be issued, the applicant must sign a statement in that he will indemnify and save harmless the Village and its officers from all liability for accidents and damage caused by any of the work covered by his permit and that he will fill up and place in good and safe condition all excavations and openings made in the street and will replace and restore the pavement over any opening he may make as near as can be to the state and condition in which he found it and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the Director of Public Works for a period of two years, and that he will pay all fines imposed upon him for any violation of any rule, regulation or ordinance governing street openings or drain laying adopted by the Village Board and will repair any damage done to existing improvements during the progress of the excavation in accordance with the ordinances, rules and regulations of the Village. Such statement shall also guarantee that, if the Village shall elect to make the street repair, the person opening the street will pay all costs of making such repair and of maintaining the same for one year.

Faulty work or materials shall be immediately replaced by the permittee upon notice by the Village. Failure to correct deficiencies shall result in a one-year revocation of the right to obtain a street opening permit. The Village shall repair the deficiencies and bill the permittee for all labor, materials and equipment used plus 20% for administration.

The person who does such restoration shall be responsible therefor for two years from the date of the completion of the work and shall file a written guarantee or surety bond to that effect with the Village in the amount of $10,000.

Whenever the Public Property Committee shall find that any such work has become defective within two years of the date of completion, it shall give written notice thereof to the contractor or to his surety, stating the defect, the work to be done, the cost thereof and the period of time deemed by the Public Property Committee to be reasonably necessary to complete said work. After receipt of such notice, the contractor or the surety must, within the time specified, repair the defect or indemnify the Village for the cost of doing the work as set forth in the notice.

An annual bond may be given under this section covering all excavation work done by the principal for one year beginning January 1, which shall be conditioned as specified above and in the amount determined by the Village Board as necessary to adequately protect the public and the Village.

§ 400-7 Regulations governing excavations and openings.

Frozen ground. No openings in the streets, alleys, sidewalks or public ways shall be permitted when the ground is frozen except where it is deemed necessary by the Director of Public Works.

Removal of paving. In any opening or excavation, all paving or ballasting materials shall be removed with the least possible loss of or injury to surfacing materials and, together with the excavated materials from the opening, shall be placed so as to cause the least practicable inconvenience to the public and permit free flow of water along gutters.

Protection of public.

Every opening and excavation shall be enclosed with sufficient barriers in accordance with Section VI of the Manual of Uniform Traffic Control Devices. Sufficient warning lights shall be kept on from sunrise to sunset. No open-flame warning pots shall be used. Except by special permission from the Director of Public Works, no trench shall be excavated more than 250 feet in advance of pipe or conduit laying nor left unfilled for more than 500 feet where pipe or conduit has been laid.

All necessary precautions shall be taken to guard the public effectively from accidents or damage to persons or property through the period of the work. Each person making such opening shall be held liable for all damages, including costs incurred by the Director of Public Works in defending any action brought against him for damages, as well as cost of any appeal, that may result from the neglect by such person or his employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.

Refilling of opening. In opening any public street, public alley, public sidewalk, public way, public easement, or public ground, the paving materials, sand, gravel and earth or other material moved or penetrated and all surface monuments or hubs must be removed and replaced as nearly as possible in their original condition or position and the same relation to the remainder as before. Any excavated material which in the opinion of the Director of Public Works is not suitable for refilling shall be replaced with approved backfill material. All rubbish shall be immediately removed. In refilling the opening, the earth must be puddled or laid in layers not more than six inches in depth and each layer rammed or tamped or, with the permission of the Director of Public Works, flushed to prevent after-settling. When the sides of the trench will not stand perpendicular, sheathing and braces must be used to prevent caving. No timber, bracing, lagging, sheathing or other lumber shall be left in any trench. The edges of the street pavement shall be sawcut or otherwise removed to a neat edge along straight lines at a minimum of six inches from the furthest limits of the excavation. At no time shall the street pavement be permitted to overhang the excavation. The Village may elect to have the opening for any street or sidewalk repaired by the Village, in which case the cost of making such repair and of maintaining it for two years shall be charged to the person making the street opening.

Replacement of street surfaces.

Bituminous pavement street.

Permanent repair service. The permanent pavement repair for bituminous paved streets shall be comprised of the greater of three inches or the thickness equivalent to the existing pavement of bituminous hot mix pavement meeting Village specifications. The pavement shall be installed on the required thickness of compacted road gravel.

Temporary repair surface.

During the period from November 15 to May 1, or during any other period when bituminous hot mix pavement is typically not available, a temporary pavement repair of cold mix bituminous pavement material may be placed by the permittee if the size of the temporary pavement repair does not exceed 50 square feet. If the size of the temporary pavement repair exceeds 50 square feet, a temporary repair of concrete pavement shall be placed by the permittee. The temporary pavement repair shall be three inches thick or thicker as necessary to support traffic, six bag mix, heated as necessary, placed on the required base of road gravel, and permitted to cure undisturbed until sufficient strength has been reached to permit traffic to utilize the repair. The Director of Public Works may require the use of high-early strength concrete where necessary due to traffic or other conditions.

[2]

The temporary repair surface shall be maintained by the permittee until such time as the permanent hot mix bituminous pavement patch is ordered by the Director of Public Works to be installed.

Concrete pavement street. On concrete pavement streets, a permanent pavement repair shall be installed by the permittee at all times of the year. The permanent pavement repair shall be of the same thickness and reinforcement as the pavement removed, six bag mix, heated as necessary, placed on the required base of road gravel, and permitted to cure undisturbed until sufficient strength has been reached to permit traffic to utilize the repair. The concrete pavement shall be dowelled or keyed or otherwise tied to the adjacent concrete pavements.

Notice. It shall be the duty of the permittee to notify the Director of Public Works and all public and private individuals, firms and corporations affected by the work to be done at least 24 hours before such work is to commence. The Director of Public Works shall also be notified at least four hours prior to backfilling and/or restoring the surface.

Validity of permit. Unless the work shall be commenced within 30 days of the issuance of the permit, the permit shall be void, and a new permit must be obtained and an additional fee charged. The Director of Public Works may extend the time limitation for good cause.

Backfilling. It shall be the duty of the permittee to backfill the opening immediately upon completion of the work and to place at least nine inches of road gravel below the bottom of the street pavement plus temporary road gravel to the street surface if the opening cannot immediately be repaved, unless otherwise approved by the Director of Public Works. It shall be the duty of the permittee to maintain the opening in good condition for a period of six months after the completion of the work or until the surface has been restored. The Public Property Committee shall decide, when within said six-month period the opening is ready for paving, if a paving surface is required. If the surface is not restored within a period of 10 days or such longer period as determined by the Public Property Committee, the Village may restore the surface and bill the permittee therefor.

Emergency excavation. In the event of an emergency, any person, firm or corporation owning or controlling any sewer, gas main, water main, conduit or other utility in or under any public street, alley, easement, way or ground and his agents and employees may take immediate proper emergency measures to remedy dangerous conditions for the protection of property, life, health or safety without obtaining an excavation permit, provided that such person, firm or corporation shall apply for an excavation permit not later than the next business day, shall notify the Director of Public Works immediately, and shall not make any permanent repairs without first obtaining an excavation permit.

[Amended 5-3-2010 by Ord. No. 10-02]

Excavation in new streets limited. Whenever the Village Board determines to provide for the permanent improvement or repaving of any street, such determination shall be made not less than 30 days before the work of improvement or repaving shall begin. Immediately after such determination by the Village Board, the Director of Public Works shall notify in writing each person, utility or other agency owning or controlling any sewer, water main, conduit or other utility in or under said street or any real property abutting said street, that all such excavation work in such street must be completed within 30 days. After such permanent improvement or repaving, no permit shall be issued to open or excavate said street for a period of five years after the date of improvement or repaving unless, in the opinion of the Director of Public Works, conditions exist which make it absolutely essential that the permit be issued. Every effort shall be made to place gas, electric, telephone and television cable lines in street terraces.

Application for permit. The application for a permit shall be in writing and signed by the applicant or his agent. The applicant shall submit to the Director of Public Works at the time the permit is applied for sufficient information relating to the work to be done, including the general location and nature of the work and the method applicant proposes to use in doing the work. The Director of Public Works shall determine if sufficient information is submitted.

Exception. The provisions of this section shall not apply to excavation work done under the direction of the Director of Public Works by Village employees or contractors performing work under contract with the Village, except that the safety precautions under Subsection C hereof shall be complied with.

§ 400-8 Obstructions and encroachments.

[Amended 11-17-1998; 5-3-2010 by Ord. No. 10-02; 11-25-2013 by Ord. No. 400-8]

Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds, or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in Subsections B and C.

Exceptions. The prohibition of Subsection A shall not apply to the following:

Signs or clocks attached to buildings which project no more than six feet from the face of such building and which do not extend below any point 10 feet above the sidewalk, street or alley.

Awnings now built and extending over any sidewalk at a height of less than seven feet six inches above the sidewalk, street or alley.

Public utility encroachments duly authorized by state law or by the Village Board.

Goods, wares, merchandise or fixtures being loaded or unloaded which do not obstruct the width of a sidewalk by more than three feet on a sidewalk, provided such goods, wares, etc., do not remain thereon for more than three hours.

Temporary encroachments or obstructions authorized by permit under § 400-9 of this article pursuant to § 66.0425, Wis. Stats.

(6)

Building materials for the period authorized by the Building Inspector, which shall not obstruct more than 1/2 of the sidewalk or more than 1/3 of the traveled portion of the street and which do not interfere with flow in the gutters.

(7)

Excavations and openings permitted under §§ 400-6 and 400-7 of this article.

(8)

Mailboxes shall be permitted to be installed by residents pursuant to appropriate postal regulations governing height, size and side of street. Newspaper tubes shall not be permitted to be placed on any mailbox post. No more than three mailboxes shall be allowed to be clustered together. In addition, no mailbox or cluster of mailboxes shall be placed closer than two feet from the edge of any driveway approach. Only one mailbox cluster shall be allowed per parcel. Mailboxes shall be properly installed so that no point extends beyond the back of the curb. If a mailbox is not properly installed, no reimbursement will be made in event of damage by Village plows. If a mailbox that is properly installed is proven to be damaged from being hit by a Cambria plow truck, the Village will replace said mailbox or mailbox post to a maximum cost of $100. The Village will reinstall a standard mailbox on a four-inch-by-four-inch post to replace those damaged. Special decorative mailboxes and/or posts will not be provided. If the owner wishes to install a decorative mailbox and/or post to meet a subdivision's standards, it shall be at the owner's expense. If such a case arises, upon supplying the Village with a paid receipt of purchase, the Village will reimburse up to $100 to the owner. Since plows cannot plow directly up to the edge of a mailbox, residents may need to do a little extra clearing to ensure timely mail delivery.

Issuance of permit.

The Director of Public Works or Village Clerk/Treasurer is authorized to issue a permit which allows property owners to place certain fixtures on sidewalks which immediately adjoin their property. The fee for such permit shall be as set forth in the Village fee schedule. Permits are good for items specified in the permit for as long as the current owner holds title to the property. In determining if a permit shall be authorized, all of the following requirements must be met:

The property must be located in the Village's Central Business District.

The fixture(s) shall not be physically attached to the sidewalk, any street fixture or any adjacent building, and shall be of a temporary design.

The placement of the fixture shall not impede the flow of pedestrian traffic on the sidewalk. In no event shall the fixture reduce the unobstructed sidewalk width to less than five feet at any point.

(d)

The property owner shall provide the Village with proof of liability insurance coverage. The insurance coverage shall be in amount of not less than $100,000 per occurrence, and the policy shall specifically state that it includes coverage for the fixtures located on the Village sidewalks.

(e)

The fixture(s) shall not be for sale nor shall the fixture(s) be used for the sale of merchandise. Specifically excluded are all forms of vending machines, vendors' carts or tables, etc.

(f)

The property owner whose property adjoins the Village sidewalk shall file the permit application or authorize the occupant of the subject property to file the permit application.

(g)

This permit is granted with the understanding that the applicant assumes primary liability for damages caused to person or property by reason of the granting of the permit, is obligated to remove the obstruction or encroachment upon 10 days' notice by the state or municipality, and waives the right to contest in any manner the validity of this section or the amount of compensation charged. Without a permit, no obstructions or encroachments are allowed except those listed in § 400-8B above.

The Director of Public Works or Village Clerk/Treasurer is authorized to issue a permit which allows property owners to place certain fixtures in right-of-way areas which immediately adjoin their property. The fee for such permit shall be as set forth in the Village fee schedule. Permits are good for items specified in the permit for as long as the current owner holds title to the property. In determining if a permit shall be authorized, all of the following requirements must be met:

The property must be located in the Village's Residential District in the right-of-way area between the sidewalk and curb which immediately adjoins the applicant's property. Where there is no sidewalk, the area will be considered four feet from the curb.

The area where obstructions and encroachments may not be placed is limited within the area stated in § 400-8C(2)(a) as follows: one foot from the sidewalk, and one foot from the curb except within one foot from a mailbox or utility equipment. Also, not more than a total of 24 square feet of area may be used for any one property, except properties that have more than 100 feet of street frontage; then 48 square feet of area may be used. This is to still allow ingress and egress from each property, which is the purpose of the right-of-way, and for safety in the travel areas. At no time shall the placement of an item impede visibility in any way.

Types of fixtures or items that can be placed in the right-of-way area with this permit include flowers, small shrubs, decorative rocks, small planters, and other types of small plants. Visibility issues will be a key factor in determining if an item will be allowed. Signs and fences of any kind are not allowed in this area.

(d)

(e)

The fixture(s) shall not be for sale, nor shall the fixture(s) be used for the sale of merchandise.

(f)

The property owner whose property adjoins the Village right-of-way shall file the permit application.

(g)

Upon reviewing the permit application, if it is determined by the Director of Public Works or Village Clerk/Treasurer that all of the above requirements have been met, he shall issue the permit. Said permit may be revoked by the Director of Public Works or Village Clerk/Treasurer at any time when one or more of the above requirements are not complied with or if he determines that the placement of the fixture(s) endanger the safety of the pedestrians who utilize the sidewalks or right-of-way.

Permits may be revoked anytime due to lack of maintenance of the items or plantings, as determined by the Director of Public Works or the Village Board. Removal will be enforced as stated in Subsection G below after a ten-day notice to repair or maintain.

Removal by Village for sidewalk obstructions and encroachments. In addition to any other penalty imposed, if the Director of Public Works or a law enforcement officer determines that a sidewalk is unlawfully obstructed in violation of this section, he shall issue a written notice to the owner or occupant of the premises which adjoins the obstructed sidewalk, directing that the obstruction be removed within 24 hours.

Removal by Village for obstruction and encroachments located in the Village streets, alleys, public grounds, or lands dedicated for public use. In addition to any other penalty imposed, if the Director of Public Works or a law enforcement officer determines that a Village street, alley, public grounds, or land dedicated for public use is obstructed or encumbered, he shall issue a written notice to the property owner of the premises which adjoins the obstructed public area, directing that the obstruction be removed within 30 days.

Failure to remove obstruction.

If the owner or occupant fails to remove the obstruction within the time period established in Subsection D, E, or F, respectively, the Director of Public Works or a law enforcement officer shall cause the removal of the obstruction, keeping an account of the expense of the abatement, and such expenses shall be charged to and paid by such property owner. Notice of the bill for abatement of the obstruction shall be mailed to the owner of the premises and shall be payable within 10 calendar days from receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the Village Clerk/Treasurer shall enter those charges onto the tax roll as a special tax as provided by the state statutes.

The failure of the Village Clerk/Treasurer to record such claim or to mail such notice or the failure of the owner to receive such notice shall not affect the right to place the Village expense on the tax rolls for unpaid bills for abating the obstruction as provided for in this section.

§ 400-9 Street privilege permit.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

When required. Permits for the use of the streets, alleys, sidewalks or other public ways or places of the Village may be granted to applicants by the Director of Public Works for the purpose of moving any building or structure or of encumbering the street, alley, sidewalk or way with materials necessary in and about the construction or demolition of any building or structure, provided such applicant has complied with the other requirements of this section and has obtained a building permit if required by Chapter 185, Building Construction, of this Code.

Bond. No street privilege permit shall be issued until the applicant shall execute and file with the Village Clerk/Treasurer a bond, in an amount determined by the Village of Board, conditioned that the applicant will indemnify and save harmless the Village of Cambria from all liability for accidents or damage caused by reason of operations under said permit and will remove such encumbrance upon termination of the operations and will leave the vacated premises in a clean and sanitary condition and repair any and all damage to the streets, alleys, sidewalks or public property of the Village resulting from such building or moving operations.

Fee. The fee for a street privilege permit shall be as set by the Village Board.

Conditions of occupancy. The permission to occupy or obstruct the streets, alleys, sidewalks or public grounds is intended only for use in connection with the actual erection, alteration, repair, removal or moving of buildings or structures and shall be given upon the following terms and conditions and subject to revocation without notice by the Director of Public Works for violation thereof:

Such temporary obstruction shall cover not more than 1/3 of any street or alley.

Obstructions shall be sufficiently lighted at night so as to be in full view of the public from all directions.

Sidewalk traffic shall not be interrupted, but temporary sidewalks of not less than four feet in width guarded by a closed fence at least four feet high on both sides may be maintained during the period of occupancy.

The process of moving any building or structure shall be as continuous as practicable until completed and, if ordered by the Director of Public Works, shall continue during all hours of the day and night.

No building or structure shall be allowed to remain overnight on any street crossing or intersection or so near thereto as to prevent easy access to any fire hydrant.

(6)

Buildings shall be moved only in accordance with the route prescribed by the Director of Public Works.

(7)

Upon termination of the work necessitating such obstruction, all parts of the streets, alleys, sidewalks or public grounds occupied under the permit shall be vacated, cleaned of all rubbish and obstructions and placed in a safe condition for public travel at the expense of the permittee.

Termination. All street privilege permits shall automatically terminate at the end of three months from the date of issuance unless an earlier termination date is specified thereon at the direction of the Director of Public Works.

Removal by Village. In addition to any other penalty imposed, if the owner or occupant of the premises adjoining any lawfully obstructed sidewalk shall remove or neglect to remove such obstruction within 24 hours after such notice from a law enforcement officer, the Director of Public Works or Building Inspector to do so, it shall be the duty of the law enforcement officer, Director of Public Works or Building Inspector to remove such obstruction and make return of the costs and expenses thereof to the Village Clerk/Treasurer, who shall enter such cost on the next annual tax roll as a special charge against the property abutting such obstructed sidewalk, and such sum shall be levied and collected as other special taxes against real estate.

§ 400-10 Snow and ice removal.

Removal from sidewalks. The owner, occupant or person in charge of any parcel or lot which fronts upon or adjoins any sidewalk shall keep said sidewalk clear of all snow and ice. In the event of snow accumulating on said sidewalk due to natural means and/or by any other means, said sidewalks shall be cleared of all accumulated snow and/or ice on said sidewalk. Sidewalks are to be kept clear of snow and ice to a minimum of four feet in width. In the event that ice has formed on any sidewalk in such a manner that it cannot be removed, the owner, occupant or person in charge of the parcel or lot which fronts upon or adjoins said sidewalk shall keep the sidewalk sprinkled with sand and/or salt to permit safe travel by pedestrians.

Notice and removal of snow from sidewalks. If the owner, occupant or person in charge of any parcel or lot which fronts or adjoins any sidewalk shall fail to keep said sidewalk clear of snow and ice as set forth in Subsection A, the Village shall take the following action:[1]

Hazardous conditions. If the Village determines that the failure to remove the snow and ice from the sidewalk creates an immediate danger to the public health and/or safety, the Village shall cause the issuance of a written notice to the owner, occupant or person in charge of any parcel or lot, directing that the snow and ice be removed within two hours from the delivery of the notice. In the event the property owner, occupant or person in charge of said parcel or lot is unavailable to receive a written notice, the Village shall immediately cause the removal of the snow and/or ice. The Village shall send a written notice to the last known address of the property owner, notifying him that a hazardous condition existed which required immediate abatement.

Nonhazardous conditions. If the owner, occupant or person in charge of the subject parcel or lot fails to remove the snow within the time period established in Subsection A, the Village shall cause the issuance of a written notice to said owner, occupant or person in charge of the subject parcel or lot, directing the responsible person (as defined) to remove said snow and ice no later than 12:00 noon of the day following the issuance of said notice. The written notice shall be hand delivered when possible or mailed to the last known address of the owner of the subject property as identified on the records in the Village Clerk/Treasurer's office.

Snow and ice not to encroach. No person shall push, shove or in any way deposit any snow or ice onto any public streets, alley, sidewalk or public lands dedicated to public use except for parcels or lots located in the Central Business District where existing buildings are constructed within five feet of the street right-of-way and the sidewalks exist from the Village right-of-way to the curbline. In such instances, the owners, occupants and/or employees of parcels or lots located in the Central Business District shall be permitted to deposit snow and ice from their sidewalks onto the public streets.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Enforcement. The Director of Public Works and all sworn law enforcement officers are hereby authorized and directed to enforce the provisions of this section.

Continued violations. Each twenty-four-hour period where a violation occurs shall constitute a separate offense under this section for enforcement purposes. Repeated violations or subsequent additional accumulations of snow and/or ice shall not nullify any pending notice issued under this section.

Abatement after notice. Failure of the owner, occupant or person in charge of any parcel or lot to cause the removal of snow and/or ice within the time established under Subsection B(1) and (2) after receiving a written notice shall result in the Village causing the removal of said snow and/or ice.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Expense. An account of the expenses incurred by the Village to abate the snow and/or ice hazard shall be kept, and such expenses shall be charged to and paid by the parcel or lot owner. Notice of the bill for the removal of snow and/or ice shall be mailed to the last known address of the owner of the parcel or lot and shall be payable within 10 calendar days from the receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the Village Clerk/Treasurer shall enter those charges onto the tax roll as a special tax as provided by § 66.0907(5), Wis. Stats.

Penalty. In addition to the provisions set forth in this section, any person, firm or corporation which violates the provisions of this section shall be subject to a penalty as provided in § 1-5 of this Code.

§ 400-11 Terrace areas.

Definition. The definition of "terrace" shall be as provided in § 414-2 of this Code.

Noxious weeds; paving. All that part of the terrace not covered by a sidewalk shall be kept free and clear of all noxious weeds and shall not be paved, surfaced or covered with any material which shall prevent the growth of plants, and shall be maintained as a lawn, except in areas specifically approved by the Village Board or its designee.

Responsibility to maintain. Every owner of land in the Village whose land abuts a terrace is required to maintain or have maintained by his tenant the terrace directly abutting such land, as provided in this section and elsewhere in this Code. Every owner shall keep mailboxes located on a terrace free and clear of snow.

§ 400-12 Vaults.

All vaults and cisterns under sidewalks shall be prohibited.

§ 400-13 Downspouts and eaves of buildings not to drain on sidewalks.

No downspouts from any building shall terminate on or upon or in such position that the contents of such spout be cast upon or flow back or over any public sidewalk in the Village. When the eaves of any building extend over or are so constructed that water may fall therefrom or run back upon any public sidewalk, such eaves shall be so protected by proper spouts or otherwise that no water shall fall or drain therefrom or run back upon or over any public sidewalk. The owner or owners of any building and the officers of any association or corporation owning any building on which any spouts or the eaves thereof shall be maintained contrary to this section shall be subject to a penalty as provided in § 1-5 of this Code.

§ 400-14 Sale or display of merchandise prohibited; special event vending permit.

Street sales prohibited except by permit. No person shall display, sell or offer to sell on any street, sidewalk, alley or other public place within the Village any goods, wares, foodstuffs or anything of value or service of any kind by putting up a booth or stopping a vehicle or person on foot or in any other manner attempting to publicly sell or offer for sale any such articles unless such person shall have first applied for and obtained a special event vending permit from the Village Clerk/Treasurer. Such permit shall enable holders to conduct their business in all enumerated areas subject to the limitations of this section. A special event vending permit shall be obtained where the vending is done by a participant in a special event and where such vending is an integral part of the event. However, where the vending is to occur in connection with a Village or area-wide promotion of community trade or festival sponsored or coordinated by an organization, the sponsoring organization shall obtain the special event vending permit as agent for its participating members.

Procedure.

Application for a special event vending permit shall be filed with the Village Clerk/Treasurer and shall contain such information as the Village Clerk/Treasurer may require. Licenses shall be signed by the Village Clerk/Treasurer and shall be conspicuously displayed at the place where such sales are being made. The permit shall set forth the exact days on which and the exact location where such business shall be carried on and shall be valid only during the dates and at the locations specified. Where a sponsoring organization is the applicant, the applicant shall provide the Village Clerk/Treasurer with a complete list of sponsors and participants at the time of making application.

Upon receipt of an application for a permit, the Village Clerk/Treasurer shall review the information given on the application for conformity with the provisions of this section. If all the applicable requirements are clearly and unambiguously met, in the Village Clerk/Treasurer's opinion, he shall approve the permit or approve it conditionally. If the applicable requirements are not clearly and unambiguously met, in the Village Clerk/Treasurer's opinion, he shall state the matters in doubt in writing to the applicant within three days of the time of making application.

The Village Board shall review appeals of the denial of the application by the Village Clerk/Treasurer and may either deny the permit, approve the permit or approve the permit conditionally. Appeals requests shall be filed with the Village Clerk/Treasurer within seven days of the Clerk/Treasurer's decision.

Conditions of license. In addition to any other conditions imposed by the Village Board, all permittees shall fully comply with the following requirements:

Liability insurance. To hold a valid permit, the vendor must have in force adequate liability insurance. Adequate liability insurance is liability insurance holding the Village and its employees and agents harmless and to indemnify and defend the Village, its employees and agents against all claims, liability, loss, damage or expense incurred by the Village with adequate liability policy limits on account of any damage caused by or resulting from the activities for which the permit is granted. As evidence of the applicant's ability to perform this condition of the permit, the applicant shall furnish a certificate of insurance evidencing the existence of comprehensive general liability insurance (including contractual liability insurance with the Village being named as an additional insured). "Adequate liability limits" means minimum limits of $100,000 per occurrence for bodily injury and minimum limits of $50,000 per occurrence for property damage. The certificate of insurance shall provide 30 days' written notice to the Village upon cancellation or nonrenewal or material change in the policy. Proof of insurance shall be submitted to the Village Clerk/Treasurer a minimum of seven days before the start of the event.

Cooperation with law enforcement officials. To protect the public health and safety, the permittee shall coordinate with the Village the location of all events under the permit. Street and sidewalk encroachments, booth locations and special parking provisions shall be submitted to the Village for its review and approval a minimum of seven days before the start of the event.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Cleanup. The permittee shall be fully responsible for all necessary cleanup associated with the licensed event.

Compliance with other regulations. The permittee shall comply with all applicable state and county regulations governing health and sanitation for food-handling establishments, if applicable, and any other applicable Village regulations, including, but not limited to, regulations pertaining to the issuance of special Class "B" fermented malt beverage licenses.

§ 400-15 Requests for improvements.

Requests or petitions by Village property owners for new streets, curb and gutter, and sidewalks shall be presented to the Village Board on or before September 1 to be considered for installation in the following year.

§ 400-16 Raking leaves into streets.

In the interests of public safety, health and general welfare, community appearance and efficiency of operation, it shall be unlawful to rake or place fallen tree leaves onto the pavement or into the gutter of any public street.

§ 400-17 Curb and gutter.

Special assessments and charges. The Village may, at any time, construct or have constructed curb and gutter in the Village. The Village and adjacent property owners shall each pay 50% of the cost of constructing new curb and gutter. The Village shall pay the entire cost of any repair or reconstruction work.

Alternative methods.

Petition. Any taxpayer and property owner in the Village may petition the Village for the installation of curb and gutter abutting property owned by said petitioner in said Village.

Requirements of petition. The petition for the installation of curb and gutter shall state that the petitioner(s) request curb and gutter abutting property owned by said petitioner, describing said property, stating what type is requested and, further, said petition shall state that each petitioner individually shall be responsible and liable for and thereby obligates himself to pay the total costs of installation of said curb and gutter to include surveying and other contingent expenses.

Effect of petition. In the event a petition for the installation of curb and gutter is presented to the Village Board, the Board shall have the exclusive discretion to accept or reject the same. The Board may refer said petition or may table it, but in any event it shall act upon the same in some manner within six months of receipt of said petition.