Village of Kimberly, 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 of Kimberly and to pay the cost thereof pursuant to § 430-22E. 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 of Kimberly, it shall proceed according to § 66.0907, Wis. Stats.

All sidewalks within the Village of Kimberly hereafter shall be repaired, rebuilt and constructed in accordance with the specifications of this section.

Sidewalk permit required. No person shall hereafter lay, remove, replace or repair any public sidewalk within the Village of Kimberly unless he/she is under contract with the Village of Kimberly to do such work or has obtained a sidewalk permit therefor from the Village at least five days before work is proposed to be undertaken. No fee shall be charged for such permits.

Standard specifications for sidewalk.

General. 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 of Kimberly. The first line and grade will be free of charge. If the property owner does not immediately follow with construction and a new grade and line are required, a fee of $40 shall be assessed to property owner.

Grading. Prior to construction, ground on which sidewalks are to be placed shall be brought to within two inches of subgrade by the property owner or his/her contractor.

Subgrade. Subgrade shall be two inches of sand fill, thoroughly and uniformly compacted and brought to correct grade before placing of concrete and thoroughly wet down immediately before concrete is placed. Soft, porous and unsuitable subgrade material shall be removed and replaced with sand or other satisfactory material, and the subgrade shall be thoroughly and uniformly compacted and moistened immediately before the concrete is placed.

Concrete. The minimum quantity of cement per cubic yard shall be six sacks of 94 pounds each. Concrete shall be mixed for at least one minute. Gravel shall be of good quality and washed. Concrete shall test 3,000 pounds compression in 28 days.

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. 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.

(6)

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 1/2 inch thick and four inches wide and five feet long or premolded material shall be located every 60 feet. Sidewalks must be marked off to make blocks five-foot square and be at right angles to the parallel lines. Any 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.

(7)

Slope. All forms must be approved by the Village, at actual cost to the Village, before concrete is poured. To provide adequate drainage, the sidewalk shall slope toward the curb at a maximum rate of 1/4 inch per foot of width of sidewalk. All joints and edges shall be finished with a one-fourth-inch radius edging tool. Sidewalks shall be constructed within the limits of the street, and unless otherwise specifically indicated, there shall be a four-foot strip of street property left between the property line and the edge of the sidewalk.

[Amended 2-17-2014 by Ord. No. 1-2014]

(8)

Width and thickness. Residential walks shall be five feet in width and not less than four inches thick, except within driveway approaches where the minimum thickness shall be six inches and butt to established grade line. Sidewalk width in front of commercial or industrial establishments shall be determined by the Village Board.

(9)

Finishing. The concrete shall be struck off true to grade, finished smooth and given a broom finish in transverse direction. Edges and joints shall be given a finish with a one-fourth-inch radius edging tool. Dry cement shall not be spread on a wet surface to take up excess water. Finishing operations shall be delayed until water has disappeared. No tool marks shall be left on exposed surfaces. 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.

(10)

Curing. It is recommended that concrete shall be kept moist by sprinkling, covering or a combination of both for a minimum of five days.

(11)

Cold weather requirements. When the 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.

Repair or replacement of defective sidewalks. Pursuant to § 66.0907, Wis. Stats., the Village Board may order at any time property owners to repair or remove and replace any sidewalk which is unsafe, defective or insufficient. If the property owner shall fail to so repair or remove and replace such sidewalk within 20 days after service of the notice provided in § 66.0907, Wis. Stats., the Village Board shall repair or construct such sidewalk and the Village Administrator shall enter the total cost thereof upon the tax roll as a special tax against said lot or parcel of land. If a life-threatening situation exists which is caused by a sidewalk in need of repair, the Street Commissioner or Building Inspector shall direct the property owner to make repairs within seven 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 Administrator shall enter the total cost thereof on the tax roll as a special tax against said parcel.

Illegal sidewalks. No sidewalk which shall be constructed contrary to the provisions of this section shall be considered a legal sidewalk, and the same may be ordered to be replaced with a legal sidewalk and with one that is in conformity with this section, the same as if no sidewalk whatever had been built or constructed in the place where any such sidewalk is located.

§ 430-6 Excavations of streets, alleys, public ways and grounds.

[Amended 12-7-2020 by Ord. No. 13-2020]

Street opening 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 ditch, public ground, public sidewalk or Village-owned easement within the Village of Kimberly without a street opening permit from the designated Village official.

Application for street opening permit. The application for a street opening permit shall be in writing and signed by the applicant or applicant's agent. The applicant shall submit to the designated Village official 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 the applicant proposes to use in doing the work. The designated Village official shall determine if sufficient information is submitted.

Exception. The provisions of this section shall not apply to Village excavation work done under the direction of the designated Village official.

Validity of street opening permit. Street opening permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 430-7G for pavement replacement.

Renewal of permit. If operations have begun under an approved street opening permit and will continue beyond the 30-day validation period, the permittee shall apply for a 30-day street opening permit renewal by written request to the designated Village official. Permit renewals shall be issued at the discretion of the designated Village official.

Village standards; fees.

Village standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this section and § 430-7. 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 forth in the Fee Schedule maintained by the Clerk's office, plus actual Village expenses. Permit fees shall be paid to the designated Village official, who shall issue a receipt.

Insurance required. A street opening permit shall be issued only upon condition that the applicant submit to the designated Village official 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 $1,000,000 per one person, $1,000,000 for one accident and property damage coverage of not less than $1,000,000. The policy shall name the Village of Kimberly as the third-party insured.

Bond; guarantee of work.

Indemnity bond requirement. Before a street opening permit for excavating or opening any public street, sidewalk, ditch, alley or public right-of-way may be issued, the applicant must execute and deposit with the Village of Kimberly an indemnity bond approved by the Village Board in the sum of $10,000, conditioned that the applicant will indemnify and save harmless the Village of Kimberly and its officers from all liability for accidents and damage caused by any of the work covered by the applicant's permit and that the applicant 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 the applicant may make as near as can be to the state and condition in which the applicant found it, and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the designated Village official for a period of five years, and that the applicant will pay all fines or forfeitures imposed for any violation of any rule, regulation or ordinance governing street openings or drainlaying 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 of Kimberly. Such statement shall also guarantee that, if the Village of Kimberly 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 five years.

Faulty work; correction of deficiencies. 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 of Kimberly shall repair the deficiencies and bill the permittee for all labor, materials and equipment used.

Restoration work guarantee. 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 of Kimberly in an amount determined by the designated Village official.

Notice of defective work. Whenever the designated Village official shall find that any such work has become defective within one year of the date of completion, the designated Village official shall give written notice thereof to the contractor or to his/her surety stating the defect, the work to be done, the cost thereof and the period of time deemed by the designated Village official 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 of Kimberly for the cost of doing the work as set forth in the notice.

Annual bond. 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.

Public utilities. All public utilities as defined in §§ 66.0801 and 196.01, Wis. Stats., are hereby required to be bound by the terms and conditions of this section and § 430-7 and any and all subsections thereunder, except that a public utility as defined within this section shall not be required to post the $10,000 indemnity bond nor annual bond.

§ 430-7 Regulations governing excavations and openings.

Frozen ground. No openings in the streets, alleys, sidewalks or public ways shall be permitted between November 15 and May 1 except where it is determined by the Street Commissioner to be an emergency excavation.

Protection of public.

Every opening and excavation shall be enclosed with sufficient barriers, signing, and such other traffic control devices as may be required by the Street Commissioner and in accordance with Section VI of the Manual on Uniform Traffic Control Devices. Sufficient warning lights shall be kept on from sunset to sunrise. No open-flame warning devices shall be used. Except by special permission from the Street Commissioner, no trench shall be excavated more than 250 feet in advance of pipe or conduit laying nor left unfilled more than 500 feet from where pipe or conduit has been laid.[1]

[1]

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

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 Village in defending any action brought against it for damages, as well as cost of any appeal, that may result from the neglect by such person or his/her employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.

Unless otherwise approved, a minimum of one lane of traffic in each direction shall be provided. Every effort shall be made on the part of the permittee to provide reasonable access to all properties adjacent to his/her project. In the event traffic is limited to less than one lane in each direction, a flagman or temporary traffic control signal shall be provided so as to safely cycle traffic in each direction past the work area.

The permittee shall perform the work in such a manner so as not to disrupt the flow of traffic in the area or endanger the safety of workers or passersby. It shall be the responsibility of the permittee to prevent traffic backup during construction operation. The permittee shall notify the Fox Valley Metro Police Department 24 hours prior to commencement of excavation of the location and extent of the excavation, unless the excavation is an emergency excavation as identified in Subsection H.[2]

[2]

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

When the operations will result in the loss of any utility service to private properties, the private properties shall be notified in writing or by personal contact at least 12 hours prior to the loss of service, unless the operations are part of an emergency excavation as defined in Subsection H.

Pavement removal.

Removal of existing pavement shall be to neat, straight lines. The permittee shall make a final saw cut in the existing pavement after backfilling. Excavations shall be kept to the minimum possible and acceptable for the convenience and safe performance of his/her work and in accordance with all applicable codes and regulations.

If the pavement is damaged during excavation beyond the original saw cut lines, it shall be saw cut again along neat, straight lines. The finished saw cut shall leave a regular rectangular section for pavement replacement. Should the street opening occur within, adjacent or close to an existing patch or require more than one opening within a short distance, the permittee shall identify and locate the existing patches or additional openings on the permit application form. The Street Commissioner shall, on the basis of an on-site inspection, approximate the boundaries of the pavement replacement area.

Pavement replacement areas with the long dimension in the direction of travel shall have the long dimension parallel with the curbline or the direction of travel. Pavement replacement areas in concrete pavements shall be parallel with or at right angles to the direction of travel.

The Street Commissioner may order the permittee to remove and replace up to one full-lane width of pavement along the patched or excavated area. Special care shall be taken with concrete pavement to produce a vertical face on the existing concrete at the point of the saw cut to ensure a full depth of concrete at the joint.

Excavation.

All excavated material shall be piled in a manner such that pedestrian and motor traffic is not unnecessarily disrupted. Gutters shall be kept clear or other satisfactory provisions made for street drainage, and natural watercourses shall not be obstructed.

Excavated material to be used for backfilling of the trench must be so handled and placed as to be of as little inconvenience as practical to public travel and adjoining tenants.

Backfilling.

All backfill material shall be free from cinders, ashes, refuse, vegetable or organic matter, boulders, rocks or stones greater than eight inches in their greatest dimension, frozen lumps or other material which, in the opinion of the Street Commissioner, is unsuitable.

In refilling the excavation, if there is not sufficient material excavated suitable for refilling, the deficiency shall be made up with material, approved prior to use by the Street Commissioner, hauled in.

Wherever an excavation crosses an existing utility, pipe or other structure, backfill shall be carefully compacted in stages from the bottom of the excavation. Any sanitary sewer, storm sewer, water, telephone, natural gas or other service shall not be interrupted by the permittee. It shall be the permittee's responsibility to have the various utilities locate and mark their facilities prior to excavation.

Flooding/jetting or mechanical compaction shall be used on all materials used for trench backfill. Each layer (12 inches maximum) shall be uniformly compacted to a dry density of at least 95% of the maximum dry density as determined by the Modified Proctor Test (ASTM-1557). Compaction or consolidation by flooding shall not be permitted.

All excavations shall be subject to testing by the Village of Kimberly. Backfilled material not achieving the above compaction requirements shall be removed and recompacted by the permittee. The cost of any retesting shall be paid by the permittee.

(6)

When the sides of the trench will not stand perpendicular, sheathing and braces shall be used to prevent caving. No timber, bracing, lagging, sheathing or other lumber shall be left in any trench. At no time shall any street pavements be permitted to overhang the excavation.

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

Pavement replacement.

Backfill material shall be left below the original surface to allow for five inches of one-and-one-half-inch crushed stone and four inches of three-fourths-inch crushed stone, plus the thickness of the required pavement structure. If paving will not occur as part of the initial street restoration operation, the balance of the opening to the original surface elevation shall be backfilled with compacted three-fourths-inch crushed stone.

Bituminous pavement shall be placed the full depth of the existing pavement or three inches, whichever is greater. Bituminous pavement shall be placed in a maximum of one-and-one-half-inch layers, with each layer compacted to maximum density, and shall consist of Wisconsin Department of Transportation Gradation No. 1 for the binder course and Wisconsin Department of Transportation Gradation No. 3 for the surface course. The finished surface shall be smooth and free of surface irregularities and shall match the existing pavement and any castings or street appurtenances. Allowable deviations shall be no more than 1/4 inch as measured with a ten-foot straight edge.

Concrete pavement shall be placed to the full depth of the existing pavement or six inches, whichever is greater. Concrete used shall not contain calcium chloride. The surface shall be given a light broom finish. The edges shall be tooled to prevent spalling at the saw cut edge. The surface shall be evenly and completely sealed with a white pigmented curing compound. The surface shall be protected from traffic for a minimum of three days. Tie bars shall be installed as directed by the Street Commissioner. All such construction shall be subject to Wisconsin Department of Transportation standards when applicable.

In emergency excavations during winter months when it is not possible to replace the removed pavement with a like material, the excavation shall be temporarily resurfaced with a minimum of 3 1/2 inches of cold mix bituminous material. This temporary wearing surface shall be compacted and rolled smooth. These temporary wearing surfaces shall be removed and replaced with material as specified above by not later than the following June 1, except as provided above. Permanent pavements shall be replaced within 60 days of the date of the permit.

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/her agents and employees make 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 and shall notify the Fox Valley Metro Police Department immediately.[3]

[3]

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

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 Street Commissioner 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 Street Commissioner, 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.

§ 430-8 Obstructions and encroachments.

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/she 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:

Temporary encroachments or obstructions authorized by permit under § 430-9 of this section pursuant to § 66.0425, Wis. Stats.

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 the flow in the gutters.

Excavations and openings permitted under §§ 430-6 and 430-7 of this article.

Signs or clocks attached to buildings which project not 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 which do not extend below any point seven feet above the sidewalk, street or alley.

Issuance of permit.

The Street Commissioner and Building Inspector are authorized to issue a permit which allows property owners to place certain fixtures on sidewalks which immediately adjoin their property. In determining if a permit shall be authorized, all of the following requirements must be met:

(a)

The property must be located in an area zoned for commercial uses.

(b)

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.

(c)

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 of Kimberly with proof of liability insurance coverage. The insurance coverage shall be an amount of not less than $500,000 per occurrence, and the policy shall specifically state that it includes coverage for the fixtures located on the Village sidewalks. In addition, the Village shall be identified as a third-party insured.

(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, vendor 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)

The property owner or the occupant of the subject property shall display the approved permit in the window of the building so that it can be seen from the sidewalk.

Upon reviewing the permit application, if it is determined by the Street Commissioner or Building Inspector that all of the above requirements have been met, he/she shall issue the permit. Said permit may be revoked by the Village President, Street Commissioner, Village Administrator, Building Inspector or any Village law enforcement officer ("Village enforcement officials") at any time when one or more of the above requirements are not complied with or if he/she determines that the placement of the fixture(s) endangers the safety of the pedestrians who utilize the sidewalks.

Removal of sidewalk obstructions and encroachments. In addition to any other penalty imposed, if any Village enforcement official determines that a sidewalk is unlawfully obstructed in violation of this section, he/she 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 of obstructions and encroachments located in the Village streets, alleys, public grounds or lands dedicated for public use. In addition to any other penalty imposed, if any Village enforcement official determines that a Village street, alley, public grounds or land dedicated for public use is obstructed or encumbered, he/she 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 24 hours.

Failure to remove obstruction.

If the owner or occupant fails to remove the obstruction within the time period established in Subsection D or E, respectively, any Village of Kimberly enforcement official 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 Administrator shall enter those charges onto the tax roll as a special tax as provided by the Wisconsin Statutes.

The failure of the Village Administrator 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.

§ 430-9 Street privilege permit. [1]

When required. Street privilege 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 Street Commissioner for the purpose 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 this Code. The Street Commissioner shall request advisory recommendations from the Chief of Police and Building Inspector prior to issuance of the street privilege permit. Village officials may attach conditions to the permit, including proof of liability insurance.

Bond. No street privilege permit shall be issued until the applicant shall execute and file with the Street Commissioner a bond not exceeding $20,000, conditioned that the applicant will indemnify and save harmless the Village 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 of Kimberly resulting from such building operations.

Fee. The fee for a street privilege permit shall be in the sum of $10, plus any actual Village of Kimberly costs.

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, or removal of buildings or structures and shall be given upon the following terms and conditions and subject to revocation without notice by the Street Commissioner, Chief of Police or Building Inspector 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.

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 discretion of the Street Commissioner.

Removal by Village. In addition to any other penalty imposed, if the owner or occupant of the premises adjoining any lawfully obstructed sidewalk shall neglect to remove such obstruction within 24 hours after such notice from the Street Commissioner, Chief of Police or Building Inspector to do so, it shall be the duty of the Street Commissioner, Chief of Police or Building Inspector to remove such obstruction and make return of the costs and expenses thereof to the Village Administrator, 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.

[1]

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

§ 430-10 Snow and ice removal.

[Amended 1-23-2012 by Ord. No. 1-2012]

Removal from sidewalks. The owner, occupant or person in charge of any parcel or lot which fronts upon or abuts 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 within 24 hours from the time the snow ceases to accumulate on said sidewalk. Sidewalks are to be kept clear of snow and ice to a minimum of five 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 material to accelerate melting or prevent slipping.

Removal of snow from sidewalks. If the owner, occupant or person in charge of any parcel or lot which fronts upon or adjoins any sidewalk shall fail to keep said sidewalk clear of snow and ice as set forth in Subsection A, the Street Commissioner or Village law enforcement officers shall take the following action: If the Street Commissioner or a Village law enforcement officer 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 Street Commissioner or law enforcement officer shall immediately cause the removal of the snow and/or ice.

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 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 shall be permitted to deposit snow and ice from their sidewalks only onto the public streets. Snow from public sidewalks shall not be stored in any manner which will obstruct or limit vehicular or pedestrian vision, movement or access. The deposit of any snow or ice upon any sidewalk, alley or street of the Village of Kimberly contrary to the provisions of this section is a nuisance, and in addition to the penalty provided for violation of this section, the Village of Kimberly may summarily remove any snow or ice so deposited and cause the cost of said removal to be charged to the owner of the property from which said snow or ice had been removed.

Enforcement. The Street Commissioner, his/her designees 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 expense. 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 A shall result in the Street Commissioner causing the removal of said snow and/or ice.

Expense. An account of the expenses incurred by the Village of Kimberly 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 Administrator shall enter those charges onto the tax roll as a special tax as provided by § 66.0627, 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 § 1-4 of this Code.

§ 430-11 Terrace areas.

Definition. The definition of "terrace" shall be as defined in § 445-2.

Noxious weeds; paving. All that part of the terrace not covered by a sidewalk in a residential area 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/her 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.

§ 430-12 Vaults.

All vaults and cisterns under sidewalks shall be prohibited.

§ 430-13 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 or sump pumps shall be cast upon or flow back or over any public sidewalk in the Village of Kimberly. When the eaves of a 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 § 1-4 of this Code.

§ 430-14 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 of Kimberly 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 Administrator. 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 Administrator and shall contain such information as the Village Administrator may require. Permits shall be signed by the Village Administrator 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 Administrator with a complete list of sponsors and participants at the time of making application.

Upon receipt of an application for a permit, the Village Administrator 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 Administrator's opinion, he/she shall approve the permit or approve it conditionally. If the applicable requirements are not clearly and unambiguously met in the Village Administrator's opinion, he/she 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 Administrator and may either deny the permit, approve the permit or approve the permit conditionally. Appeals requests shall be filed with the Village Administrator within seven days of the Administrator's decision.

Conditions of permit. 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 of Kimberly and its employees and agents harmless and to indemnify and defend the Village of Kimberly, its employees and agents against all claims, liability, loss, damage or expense incurred by the Village of Kimberly 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 of Kimberly 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 Administrator 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 Chief of Police the location of all events under the permit. Street and sidewalk encroachments, booth locations and special parking provisions shall be submitted to the Chief of Police for his/her review and approval a minimum of seven days before the start of the event.

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.

§ 430-15 Requests for improvements.

Requests or petitions by Village of Kimberly property owners for new streets, street resurfacing, curb and gutter, storm sewers, utility work and sidewalks shall be presented to the Village Board on or before September 1 to be considered for installation in the following year.

§ 430-16 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 or grass clippings onto the pavement or into the gutter of any public street. No person shall permit grass clippings from mower swaths to remain upon sidewalks or on abutting property owned or occupied by him/her.

§ 430-17 Unlawful dumping on streets.

It shall be unlawful for any person to deposit or cause to be deposited, dump, sort, scatter or leave any rubbish, stone, wire, earth, ashes, cinders, sawdust, hay, glass, manure, filth, paper, snow, ice, dirt, grass, leaves, construction waste, garbage or other offensive or noxious material in any public street, sidewalk, alley, or upon any public property or upon any property of another without the express permission of the owner of occupant thereof.

§ 430-18 Street numbers.

Buildings to have street numbers. Each principal building in the Village of Kimberly shall be assigned an official street number by the Building Inspector. All lots and parts of lots in the Village shall be numbered in accordance with a street numbering map on file in the office of the Building Inspector. Plats shall be numbered to conform as nearly as possible to the general scheme of numbering as outlined on the map.

Street numbers to be displayed. The owner, occupant or agent in charge of the premises shall cause to be affixed and to be maintained when so affixed to each principal building controlled by him/her the official street number assigned to that building as provided in Subsection A hereof. The physical numbers provided herein shall be not less than 2 1/2 inches high on a background of not less than three inches. Each required number shall be affixed on the particular building in such a location that it may be easily and readily seen by a person of ordinary eyesight on the public street or highway upon which the building abuts. For buildings abutting also on a public alley, the street number shall also be affixed in such location that it may be seen in like manner from such alley.

Noncompliance. If the owner or occupant of any building neglects for 20 days to duly attach and maintain the proper numbers on the building, the Village shall serve him/her a notice requiring him/her to properly number the same, and if he/she neglects to do so for 10 days after service, he/she shall be subject to a forfeiture as provided in § 1-4.

§ 430-19 Obstruction of public ditches.

No person shall in any manner obstruct or cause to be obstructed the free passage of water in any public gutter, ditch, culvert, swale or drain or place or cause to be placed any rubbish, dirt, sand, gravel or any other matter or thing so that the same is likely to be carried by the elements into any public gutter, ditch, culvert, swale or drain.

§ 430-20 Curb and gutter.

Special assessments and charges. The Village of Kimberly may, at any time, construct or have constructed curb and gutter in the Village. As a complete alternative to any other methods provided by law, the Village may collect for said curb and gutter in the manner and by the procedure provided by §§ 66.0701 and 66.0703, Wis. Stats.

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.

(a)

Requirements of petition. The petition for the installation of curb and gutter shall state that the petitioner requests 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 costs of installation of said curb and gutter, as prescribed by Chapter 50, Article II, Special Assessments and Charges, of this Code, to include surveying and other contingent expenses.

(b)

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 Village Board may refer said petition or may table it, but in any event the Board shall act upon the same in some manner within six months of receipt of said petition.

Resolution of intent. In the event the Village should desire to construct curb and gutter in any area of the Village, the Village Board may adopt a resolution of intent to install said curb and gutter and assess the costs thereof to the abutting property owners as provided in § 66.0701, Wis. Stats., and Chapter 50, Article II, of this Code.

Types of curb and gutter. All curbs and gutters shall conform to the construction standards adopted by the Village Board, on file with the Street Commissioner.

Liability for repair thereof. Whenever curb and gutter is installed, all property owners receiving the benefits thereof shall be responsible and liable for all replacements, repairs, damage and maintenance during any period of construction on the property against which it abuts. Any expense for additional width of road made necessary by blacktop curb and gutter shall be the responsibility of and shall be paid for by the abutting property owner.

Entered on tax rolls. Any and all costs of replacement, repair and maintenance of curb and gutter incurred within two years after installation thereof or damage thereto during construction, as provided in Subsection D above, shall be charged to the lot or parcel of land affected thereby pursuant to §§ 66.0701 and 66.0703, Wis. Stats.

§ 430-21 Uniform special assessment levies.

Assessment share. The method to be followed in determining the amount or share of assessments for street installation or any significant or major repairs or reconstruction thereof, street paving or curb and gutter installation or reconstruction shall be as follows:

New Streets: The cost of any Village of Kimberly street to be initially constructed by the Village shall be completely assessed against the adjacent property owner.

[Amended 10-26-2020 by Ord. No. 8-2020]

On corner lots, a credit of 1/2 of the long side, with a maximum of 60 feet will be given.

All existing driveway entrances will be paved/repaved due to street construction/reconstruction hereafter along with the street project adjacent to their property. The property owner will be assessed for this cost, on an equitable basis, being a rate established by the Engineer's report for the street project, based on the size of the apron being paved/repaved.

Special assessments by installments. All special assessment taxes levied by the Village may be paid by the taxpayers in installments on the following terms:

[Amended 5-17-2010 by Ord. No. 6-2010]

In equal annual installments, provided that no installment is less than $100, except the last. The number of installments shall be as established by resolution.

[Amended 9-17-2012 by Ord. No. 8-2012; 10-26-2020 by Ord. No. 8-2020]

Interest shall run on all unpaid installments from and after the date the total tax would have otherwise been payable, which is presently the last day of February of each year. The interest rate that will be charged shall be the rate charged by Capital Credit Union on home equity fixed loans, plus 1% for Village administrative costs.

If the total assessment is not paid in full before the last day on which the entire assessment would be payable, the installment payment method will automatically be applicable.

Applicability. This section shall not be applicable to streets initially constructed or initially reconstructed by the Village in areas annexed to the Village. (See § 430-22 of this article.)

§ 430-22 Costs of street and sidewalk construction; annexed areas.

Newly annexed areas. The cost of any Village of Kimberly street to be initially reconstructed by the Village in an area annexed to the Village where the town road/street existed at the time of annexation shall be completely assessed against the adjacent property owner. The cost of any first-time/new Village street constructed in a previously annexed area (no town road or street previously existed) shall be completely assessed against adjacent property owners. The installation of sanitary sewer and storm sewer, water systems and taps, curb and gutter, graveling and pavement shall be charged to the adjacent landowners on a front-foot basis at the contractor's cost to the Village (increased by Village engineering and attorneys' fees and publication costs), except as may be modified by Subsection C of this section, and shall be paid to the Village by the adjacent property owners in full (unless the Village by appropriate assessment resolution authorizes annual installment payments). Regulations regarding the installation of services in new subdivisions will be regulated by the Village's subdivision and platting ordinance, and any such regulations shall take precedence over this section.

Existing streets. All existing streets in the Village of Kimberly, when further improved or reconstructed, including the installation of further utilities, shall not be charged. For the purposes of definition hereunder, "existing streets" shall mean streets in the Village of Kimberly, excluding by definition initially reconstructed streets or initial new streets in areas previously annexed to the Village. (See Subsection A above.)

[Amended 10-26-2020 by Ord. No. 8-2020]

Policies regarding charges. Utilities, such as sanitary sewer, water systems and taps (excluding curb and gutter, graveling and pavement), may be charged to abutting property owners based upon policy established by the Kimberly Village Board and the Kimberly Water Commission (and approved by the Kimberly Village Board) from time to time, setting rates for such improvement projects which will not exceed the actual costs of such projects.

Alternative procedure. As an alternative to Subsections A, B and C above, the owners of initially reconstructed streets in previously annexed areas or first-time streets within previously annexed areas may install the same, including appropriate utilities, by private contract, all provided that such contract is approved by the Village Board and that the Village Board has approved the specifications therein for street and utility construction.

Sidewalks. All new sidewalks shall be the full responsibility of the adjacent property owner, except for corner lots, where a credit of 1/2 of the long side, with a maximum credit of 60 feet, will be given. All sidewalk reconstruction shall not be charged.

[Amended 10-26-2020 by Ord. No. 8-2020]

§ 430-23 Use of outside funds for street reconstruction projects.

Statement of purpose.

The Village of Kimberly has historically, consistent with Ch. 60, Wis. Stats., provided for direct assessment to contiguous property owners when constructing and improving streets within the municipal boundaries of the Village of Kimberly;

The Village of Kimberly is now aware of, and has received, funding for street projects from either state or federal governmental sources; and

The current street assessment policy, as codified in the Code, does not acknowledge the receipt of such governmental funding, which is received on account of and should benefit all residents of the Village of Kimberly.

Street reconstruction trust fund.

By and through this section, the existing street assessment policy is modified to provide for the receipt of state, federal and county funding.

In the event that the Village of Kimberly received state, federal or county funding for any street project, the funds shall first be applied to the Village of Kimberly portion of the project costs, including the general fund's portion of the project cost as prescribed by ordinance, as well as any other costs which may fall under the jurisdiction of the Village of Kimberly general fund.

[Amended 10-26-2020 by Ord. No. 8-2020]

In the event that the Village of Kimberly received state or federal funding for any street project specifically as a contribution to the portion of the reconstruction cost assumed by the Village of Kimberly, any excess funds received shall be placed into a street reconstruction trust fund to be established and administered by the Village Administrator. By doing so, all residents of the Village of Kimberly and all property owners of the Village of Kimberly shall be benefited, as opposed to only certain individuals who receive the benefit of these funds for a specific project.