City of Nekoosa, WI
Wood County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Nekoosa 2-9-1988 by Ord. No. 423. Amendments noted where applicable.]
GENERAL REFERENCES
Health and sanitation — See Ch. 11.
Municipal utilities — See Ch. 13.
Building Code — See Ch. 14.
Zoning Code — See Ch. 17.

§ 8.01 Official Map adopted.

(1) 
Pursuant to § 62.23(6), Wis. Stats., the Official Map of the City is hereby adopted by reference. The Official Map and amendments thereto shall be kept in the office of the Director of Public Works and recorded as required by law.[1]
[1]
Editor's Note: Original Subsections (2), pertaining to amendments to the Official Map, and (3), pertaining to annexations, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 25, General Provisions, Art. II).

§ 8.02 Street grades.

(1) 
Establishment. The grade of all streets and alleys shall be established by the Council and recorded by the City Clerk in his office. No street or alley shall be worked or sidewalk constructed until the grade thereof is established.
(2) 
Alteration of grade prohibited. No person shall alter the grade of any street, alley, sidewalk or public ground, or any part thereof, in the City unless authorized or instructed to do so by the Council or the Director of Public Works. All such alterations of grade shall be recorded in the office of the City Clerk.

§ 8.03 Bulkhead lines.

(1) 
Location. Bulkhead lines have been established by the Council along the westerly and northerly shore of the Wisconsin River. The description of the bulkhead line is set forth in Ordinance Nos. 335, 336 and 338 and is on file in the offices of the City Clerk and the Wood County Register of Deeds.
(2) 
Purpose. The bulkhead lines have been established to stop the erosion of the river bank and reestablish the river bank.

§ 8.04 Street and sidewalk excavations and openings.

(1) 
Permit required. No person shall, without first obtaining a permit from the Director of Public Works, make any opening in any street, alley, sidewalk or any public way within the City. No permit shall be granted when the ground is frozen unless the Director determines such opening is necessary. The work shall be completed within 30 days after the permit is issued.
(2) 
Application. Application for a permit shall be made on a form supplied by the Director of Public Works. The application shall be accompanied by a signed agreement to save the City harmless from any liability arising from the work or activity covered by the permit and a written description of the work, including a sketch designating the trench location.
(3) 
Fee. No permit fee shall be charged.
(4) 
Insurance. A certificate of insurance shall be submitted by the applicant evidencing that the applicant has in force and will maintain during the term of the permit public liability insurance of not less than $500,000 for any one person, $1,000,000 for any one accident and $50,000 for property damage.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(5) 
Requirements for the protection of the public. Every permittee shall enclose each opening which he may make in the streets or public ways of the City with appropriate barricades and barricade lights during the period the excavation is open and until the street or sidewalk is restored and made passable for vehicular and pedestrian traffic. All machinery and equipment shall be locked or otherwise effectively safeguarded from unauthorized use when not being used by the permittee, his agents or employees. Except by written permission from the Director of Public Works, no trench shall be excavated more than 250 feet in advance of pipelaying nor left unfilled more than 500 feet where pipe 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.
(6) 
Excavation, refilling and repaving requirements. The permittee shall restore the street to as close to its original condition as possible and shall be responsible for any costs incurred by the City. The permittee shall make a determination whether or not sheathing and bracing shall be required. The permittee shall notify the Director of Public Works when repaving has been completed. In the event caving occurs within one year of the completion of the project, the permittee shall be responsible for restoring the street.
(7) 
Emergency excavations authorized. In the event of an emergency, any person owning or controlling any sewer, conduit or utility in or under any street 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 shall apply for an excavation permit not later than the end of the next succeeding business day.
(8) 
City work excluded. The provisions of this section shall not apply to excavation work done under the supervision of the Director of Public Works by City employees or contractors performing work under contract with the City necessitating excavation in City streets.

§ 8.05 Public construction without bids.

In accordance with § 62.15(1), Wis. Stats., any class of public construction or any part thereof may be done directly by the City by its own forces without submitting the same for bids.

§ 8.06 Obstructions and encroachments.

(1) 
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 Subsection (2) below.
(2) 
Exceptions. The prohibition of Subsection (1) above shall not apply to the following:
(a) 
Public utility encroachments duly authorized by state law or the Council.
(b) 
Temporary encroachments or obstructions authorized by permit granted pursuant to § 66.0425(2), Wis. Stats.
(c) 
Excavations and openings permitted under § 8.04 of this chapter.

§ 8.07 Public sale or display of merchandise or services.

Except for sales permitted by statute or other sections of this Code, no person shall display, sell, or offer to sell, on any street, sidewalk, alley or other public place within the City, anything of value or service of any kind, except in connection with a City-wide enterprise or promotion of community trade approved by the Council.

§ 8.08 Snow and ice removal.

(1) 
Required. The owner or lessee of every lot or parcel of land in the City abutting upon a sidewalk shall clear such sidewalk, including crosswalks, of all snow or ice within 24 hours after the end of the snowfall or icing condition, subject to the following exception: Sidewalks upon which the parcels abut that are not connected to a sidewalk on adjoining parcels are not subject to this requirement. When ice is formed on the sidewalk so that it cannot be removed, it shall be kept sprinkled with ashes, salt, sand or like material.
[Amended 2-14-2012 by Ord. No. 562[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).
(2) 
Deposit of snow and ice regulated. No person shall deposit or cause to be deposited any snow or ice upon any sidewalk, alley, street terrace, public place or street in the City; provided, however, that snow or ice removed from the sidewalk in front of or abutting any premises or the premises which abut such sidewalk may be deposited on the street terrace and, in the event there is no street terrace, on the street fronting such premises prior to snow or ice being plowed, windrowed and removed from the street by the City. Notwithstanding the above, snow plowed from parking lots shall be deposited in locations designated by the Director of Public Works.
(3) 
Removal by City. If snow or ice is not removed from sidewalks, as required by Subsection (1) above, or if snow or ice is deposited on any sidewalk, alley, street terrace, public place or street in the City in violation of Subsection (2) above, the City may remove or cause to be removed all such snow or ice, and the person in charge of the premises from which the snow or ice was removed and so deposited shall be charged for the City cost of such removal. If not paid within 30 days, such charge shall be placed on the tax roll, pursuant to § 66.0627, Wis. Stats.

§ 8.09 Utility extensions required.

All utilities and sewer mains and service laterals to the abutting property shall be installed before any street is permanently surfaced or resurfaced.

§ 8.10 Public improvements and assessments.

(1) 
General application.
(a) 
The installation of any public improvement shall be an exercise of the police power of the City, as may from time to time be determined by the Council, and the property served shall be assessed pursuant to the provisions of §§ 66.0703 and 66.0701, Wis. Stats.
(b) 
The cost of any public improvement to be paid in whole or in part by special assessment shall be the cost of construction.
(c) 
The assessment for any public improvement shall be apportioned among the individual parcels benefited. Such apportionment shall generally be computed on a linear-frontage basis unless the Council otherwise determines that extenuating circumstances require a different method of apportionment.
(2) 
Sewer and water mains.
(a) 
All sewer and water main extensions shall be constructed by the City in accordance with specifications established by the Board of Public Works.
(b) 
Special assessments for all sewer and water main extensions shall be levied at 50% of the cost of construction up to 100 feet, and the remaining cost shall be borne by the City for dwellings in existence in the City as of February 8, 1994. The property owner or owners of dwellings not in existence as of February 8, 1994, may pay the City 50% of the estimated cost of the project prior to construction, and final settlement for payment of 100% of the cost of construction by the property owner or owners shall be made immediately after construction is completed, or the City shall levy special assessments for such extensions and shall provide for installment payments, together with interest. The City shall, when special circumstances exist and fairness requires, have the authority to deviate from the normal assessment charge and charge less than the actual cost for one or more landowners.
[Amended by Ord. No. 459; Ord. No. 505]
(c) 
Property abutting two or more streets shall be exempt from assessment for sewer and/or water improvements upon the second or third side to the extent of the frontage on the first side, not exceeding 135 feet, provided the owner thereof agrees to pay the current assessment of any new lot created on said second or third frontage.
[Added by Ord. No. 501]
(3) 
Streets. Streets shall be constructed by the City in accordance with specifications established by the Board of Public Works.
(4) 
Curb and gutter.
(a) 
Curb and gutter shall be constructed by the City in accordance with specifications established by the Board of Public Works.
(b) 
Special assessments for all new curb and gutter shall be levied at the cost of construction less $0.70 per linear foot, and the cost of replacement curb and gutter shall be borne by the City.
(5) 
Sidewalks.
(a) 
Sidewalk standards. The sidewalk shall be located in such places and at such grades as designated by the Council and shall be constructed in accordance with standards established by the Board of Public Works.
(b) 
New sidewalks. Special assessments for all new sidewalks in new developments shall be levied at 100% of the cost.
(c) 
Major sidewalk repair or replacement. Pursuant to § 66.0907, Wis. Stats., the Board of Public Works 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 so repair or remove and replace such sidewalk for a period of 20 days after service of the notice provided in § 66.0907, Wis. Stats., the Board of Public Works shall repair or construct such sidewalk, and the City Clerk shall enter the total cost thereof upon the tax roll as a special tax against said lot or parcel of land.
(d) 
Minor sidewalk repair. If the cost of repair of any sidewalk in front of any lot or parcel of land does not exceed the sum of $100, the Board of Public Works or the Director of Public Works may immediately repair such sidewalk, without notice or letting the work by contract, and shall charge the cost thereof to the owner of the lot or parcel of land, as provided in § 66.0907, Wis. Stats.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 25, General Provisions, Art. II).

§ 8.11 Special assessment procedure.

(1) 
Alternate method selected. As provided in § 66.0701, Wis. Stats., in addition to other methods provided by law, special assessments for any public work or improvement may be levied by alternate methods. The Council hereby elects to levy such special assessments as provided in this section.
(2) 
Preliminary resolution.
(a) 
Whenever the Council shall determine that any public work or improvement shall be financed in whole or in part by special assessments levied under this section, it shall adopt a preliminary resolution setting forth the following:
1. 
Its intent to exercise its police powers for the purpose of levying special assessments for the stated municipal purpose.
2. 
The limits of the proposed assessment district.
3. 
The time, either before or after completion of the work or improvement, when the amount of such assessments shall be determined and levied.
4. 
The number of installments in which the special assessments may be paid, or that the number of installments shall be determined after the public hearing required by Subsection (4) below and shall be included in the final resolution.
5. 
The rate of interest to be charged on the unpaid installments, or that the rate of interest will be determined after the public hearing required by Subsection (4) below and shall be included in the final resolution.
6. 
The terms on which any of such assessments may be deferred while no use of the improvement is made in connection with the property, or that such terms will be determined after the public hearing required by Subsection (4) below and will be included in the final resolution.
(b) 
The Director of Public Works shall prepare a report as required by Subsection (3) below.
(3) 
Report of Director of Public Works.
(a) 
Whenever the Council, by preliminary resolution, directs the Director of Public Works to prepare a report, the Director shall prepare a report consisting of the following:
1. 
Preliminary or final plans and specifications for the public work.
2. 
An estimate of the entire cost of the proposed work or improvement, except that when the Council determines by preliminary resolution that the hearing on such assessments shall be held subsequent to the completion of the work or improvement, the report shall contain a statement of the final cost of the work, service or improvement in lieu of an estimate of such costs.
3. 
A schedule of the proposed assessments.
4. 
A statement that each property against which the assessments are proposed has been inspected and is benefited, setting forth the basis for such benefit.
(b) 
Upon completion of the report, the Director of Public Works shall file a copy of the report with the City Clerk.
(4) 
Incorporation of statutory provisions. The provisions of § 66.0703, Wis. Stats., including those related to notice, hearing and the adoption of a final resolution, shall, to the extent not inconsistent with this section, apply to special assessments levied under this section.
(5) 
Lien. Every special assessment levied under this section shall be a lien against the property assessed from the date of the final resolution of the Council determining the amount of such levy.

§ 8.12 Driveways and culverts.

(1) 
Permit required. No person shall construct any new driveway across any sidewalk or curbing without first obtaining a driveway and/or culvert permit from the Director of Public Works. The applicant for a driveway permit shall file the application with the Director and furnish a drawing designating his property lines, the location and width of the proposed driveway and the location of any driveway and street intersection within 115 feet of the proposed driveway.
(2) 
Fee. No fee shall be charged.
(3) 
Specifications for driveway construction.
(a) 
Width. In residential areas, no single driveway shall exceed 14 feet in width, and no double driveway 24 feet in width, at the outer or street edge of the sidewalk, and in industrial and commercial areas, no driveway shall exceed 35 feet in width at the outer or street edge of the sidewalk, unless approved by the Board of Public Works.
(b) 
Interference with intersections prohibited. At street intersections, a driveway shall not provide direct ingress or egress to or from the street intersection area and shall not occupy areas of the roadway deemed necessary by the Board of Public Works for effective traffic control or for highway signs or signals. All applications providing for location of a driveway within 15 feet of an intersection in residential districts and 25 feet in commercial and industrial districts shall be submitted to the Board of Public Works. The Board shall approve or disapprove the granting of the permit upon determining whether or not such driveway would be detrimental to traffic control and safety.
(c) 
Interference with street prohibited. No driveway apron shall extend out into the street farther than the face of the curb or roadway surface.
(d) 
Number of driveways limited. No more than one driveway shall be constructed for any residential lot or premises without the approval of the Board of Public Works.
(e) 
Workmanship and materials. All driveway entrances and approaches which are constructed across sidewalks shall be paved in accordance with the requirements for sidewalk construction in § 8.10(5) of this chapter. When curb or gutter is removed, the new connection shall be of equivalent acceptable material, and curb returns shall be provided or restored in a neat workmanlike manner. Driveway surfaces shall connect with the street pavement and sidewalk in a neat workmanlike manner.
(4) 
Specifications for culvert construction.
(a) 
Size and location. All culverts placed on, in or along the highways, streets or alleys of the City, either under private driveways leading from the public highways to private property or otherwise, shall be of sufficient size and constructed in such manner and of such materials as to provide means for the flow of water naturally accumulating or flowing along the ditches on such highways, streets or alleys. Such culvert shall not be less than 12 inches in diameter and shall be of sufficient length to prevent injury to persons or property in the use of the highways and the entrance to and exit from the highways over and across such culverts. The Director of Public Works may determine the size of the culvert required. Any culvert hereafter installed in the City shall have concrete panels or riprap.
(b) 
Conditions for building. No building permit for the lot or parcel shall be issued by the Director of Public Works until he is satisfied that the culvert has been placed, that sufficient gravel has been placed thereon to afford ingress and egress, and that the concrete end panels are in place.
(c) 
Existing culverts. The Director of Public Works may investigate, approve or disapprove the various existing culverts or other drainpipes placed in the highways, streets or alleys in the City. The Director may require concrete end panels to be placed on existing culvert installations where he determines it to be in the best interest of the City and the abutting property owners. The Director may also require the owner of an abutting property to remove, or cause to be removed or replaced with adequate facilities, any culverts or drainpipes which do not conform to the requirements as provided herein when, in his judgment, it is necessary to do so, either for the orderly construction, maintenance or repair of any such highway, street or alley or in providing for a proper drainage system thereon.

§ 8.13 (Reserved) [1]

[1]
Editor's Note: Original § 8.13, Moving buildings, was repealed at time of adoption of Code (see Ch. 25, General Provisions, Art. II).

§ 8.14 Numbering of buildings.

(1) 
Street Numbering Map. All lots and parts of lots in the City shall be numbered in accordance with the Street Numbering Map on file in the office of the Director of Public Works. All lots and parts of lots hereafter platted shall be numbered to conform as nearly as possible to the general scheme of numbering as outlined on said map.
(2) 
Numbering required.
(a) 
Existing buildings. The owner of every house, dwelling and business establishment in the City shall cause to be designated on or attached to such structure within five feet of its front entrance or directly above the garage door of a garage which is attached to or a part of the main structure, and which faces the street upon which such structure is located and to which such numbering pertains, figures or words indicating the street number of such structure and shall maintain such numbering in a good state of repair.
(b) 
New buildings. Within 20 days of completion, the builder or owner of every new dwelling or business establishment in the City shall designate on or attach to such structure a street number in the manner set forth in Subsection (2)(a) above.
(3) 
Number standards. The figures or words which shall be used to indicate the number of a structure shall be no less than three inches in height, shall be clearly distinguishable from and of contrasting color to the color and surface of the underlying structure, and shall be clearly readable from a distance of 50 feet.

§ 8.15 Public trees and shrubs.

(1) 
Intent. It is the intent of this section to exercise jurisdiction in regard to the planting, maintenance and removal of trees and shrubs growing in street terraces in the City.
(2) 
City Forester, powers and duties. It shall be the duty of the City Forester, under the supervision of the Public Works Committee, to enforce the provisions of this section. The powers and duties of the Forester are as follows:
(a) 
The Forester shall have the jurisdiction, authority, control and supervision over all trees and shrubs growing in street terraces, to include, but not be limited to, planting, removal, maintenance and protection.
(b) 
The Forester shall have the authority to issue permits under the provisions of this section for the planting and removal of street terrace trees. He shall supervise all work done under any permit issued under the provisions of this section and may void any permit if the provisions of this section are not complied with.
(3) 
Tree planting requirements.
(a) 
Permit required. No person shall plant any tree or shrub in a street terrace without a permit issued by the Forester.
(b) 
Master street tree list. The City Forester has prepared a master street tree list consisting of those trees approved for planting in and on City streets, along with a determination of site factors to be considered in selecting trees and placement of such trees for planting on a particular street.
(c) 
Street terrace minimum requirement. No trees shall be planted in any street terrace which is less than five feet in width.
(d) 
Improper planting a public nuisance. Any tree planted in violation of this section shall be deemed a public nuisance.
(4) 
Tree maintenance.
(a) 
No person shall remove any public tree or shrub or cause such work to be done without obtaining a written permit therefor from the Public Works Committee or the Council. No permit is required to cultivate, water or fertilize any public tree or shrub or take the necessary action to guard the public safety or clear the public way in the event of a storm, accident or other emergency.
(b) 
Any person desiring to remove any public tree or shrub shall apply, in writing, to the City Forester for a permit to do such work. The application shall specify the location and description of the proposed work.
(c) 
Any person performing work on a tree in a public place shall assume full responsibility for damage to property and to any person and shall save the City harmless from any liability therefor.
(d) 
All trees and shrubs located upon any public way or upon any private premises adjacent to the public way shall be kept trimmed by the property owner so that the lowest projecting branches provide a clearance height of not less than 14 feet above the public street and not less than eight feet above the public sidewalk. The City Forester may waive the provisions of this section for newly planted or naturally low-profile trees if he determines that such trees do not interfere with public travel, obstruct the light of any streetlight, obstruct the view of any traffic sign or signal, or endanger public safety. Each year, a Class 1 notice shall be published in the official City newspaper informing the City property owners of the requirements of this subsection. Property owners who do not comply shall be given 10 days' written notice to trim their trees, or the City may perform the work and bill the property owner, pursuant to § 66.0627, Wis. Stats.
(5) 
Protection of trees. Except as authorized by written permission from the Forester, it shall be a violation of this section to perform or cause to be performed the following acts in any public place within the City:
(a) 
To attach any sign, poster, handbill, electrical installation wire or other device or material to, around or through a tree.
(b) 
To permit or cause fire to burn where it may kill or injure any tree.
(c) 
To allow any toxic chemical, smoke, oil, gas or other substance that may kill or damage any tree to come in contact with its leaves or roots.
(d) 
To use tree spurs or climbers when working on healthy trees.
(e) 
To remove any guard, stake, pole or other device intended for the protection or stabilization of a public tree or close or obstruct any open space around the base of a public tree designed to permit access to air, water and fertilizer.
(f) 
To erect, alter, repair, raze or move any building, structure or other large object without placing suitable guards around public trees which may be injured by such operations. It shall be the responsibility of the owner thereof to repair or replace any tree injured or killed by such operations. If it is found that the moving of any tree is necessary to allow for such operations, the cost of the moving shall be borne by the owner of the project.
(g) 
To excavate any ditch, tunnel, hole, or trench or place any drive within the radius of five feet from any tree in a public area except by written permit from the City Forester or when an emergency situation exists. The Forester may require the posting of an adequate surety bond or other sufficient security by any person proposing to make any such excavation to cover the cost of replacement of any tree destroyed as the direct result of the excavation, as reasonably determined by the Forester.
(6) 
Obstruction of view at intersections. See Chapter 17 of this Code.
(7) 
Public nuisances. No person shall permit any public nuisance enumerated in this section to remain on any property owned or controlled by him, including public areas.
(a) 
Notice of public nuisance. Whenever the City Forester shall find and declare any tree or shrub a public nuisance, he shall notify the property owner or his agent, in writing, that the nuisance must be abated and the procedure required for the abatement.
(b) 
Abatement procedure and cost. See § 10.07 of this Code.
(8) 
Appeals. Any person aggrieved by any order or action of the City Forester may file a written complaint with the Public Works Committee within 10 days. Within five days, the Committee shall hold a hearing thereon and shall issue a written decision, if requested, within three days after the hearing.

§ 8.16 Temporary closing of streets.

[Added by Ord. No. 464]
(1) 
The City may set aside streets that are not a part of any federal, state or county trunk highway system for the safety of children in coasting or other play activities and may obstruct or barricade such streets to safeguard the children from accidents. The Public Safety Committee shall designate times for the barricades to be placed, and the entity or organization requesting the barricades shall be responsible for erecting and maintaining thereon barriers or barricades, lights or warning signs therefor, and the City shall not be liable for any damage caused thereby.
(2) 
Barricades shall be placed between the 600 and 700 Blocks of Vilas Avenue from 8:30 a.m. to 4:30 p.m. on school days.

§ 8.20 Violations and penalties.

The penalty for violation of any provision of this chapter shall be a penalty as provided in § 25.04 of this Code. A separate offense shall be deemed committed on each day on which a violation of this chapter occurs or continues.