[Adopted 8-13-1996 (Ch. 2 of Title 6 of the 1996 Code)]
No owner or occupant shall allow the sidewalk abutting on his
premises to be littered with rubbish or dirt. If such owner or occupant
shall refuse or fail to remove any such rubbish or dirt when notified
to do so by the Village Board or its designee, the Village Board or
its designee may cause the same to be done and report the cost thereof
to the Village Clerk-Treasurer, who shall spread the cost on the tax
roll as a special tax against the premises, pursuant to § 66.0703,
Wis. Stats., or such cost may be recovered in an action against the
owner or occupant.
A.
Board may order. The Village Board may determine that sidewalks or
curb and gutter may be constructed, laid, rebuilt or repaired along
or upon any public street, right-of-way or highway within the Village.
The Village Board may determine or change the width or grade of any
street or sidewalk.
B.
Sidewalk and curb and gutter costs. Any time the Village rebuilds or reconstructs a street, curb and gutter and sidewalks shall be installed, with the property owner paying up to 100%. Sidewalks in new subdivisions shall be installed by the developer pursuant to Chapter 460, Subdivision of Land, of this Code.
[Amended 10-11-2011]
C.
Permit required. No person shall hereafter lay, remove, replace or
repair any public sidewalk within the Village of Woodville unless
he is under contract with the Village to do such work or has obtained
a permit therefor from the Village Clerk-Treasurer at least three
days before work is proposed to be undertaken. No fee shall be charged
for such permit. All work must meet the standards set forth in this
article and be approved by the Director of Public Works or his designee.
[Amended 10-11-2011]
D.
Standard specifications for sidewalk.
[Amended 10-11-2011]
(1)
General. Concrete sidewalk construction shall meet the specifications
and provisions on file with the Village Clerk-Treasurer and shall
be constructed in locations and to line and grade as established or
approved by the Village.
E.
Repair or replacement of defective sidewalks.
(1)
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:
(a)
Vertical differential of 3/4 inch or more between adjacent sharp-edged
individual sidewalk blocks (crack in slab) and between adjacent round-edged
individual sidewalk blocks (joint).
(b)
Horizontal distance of 1 1/4 inches between adjacent individual
sidewalk blocks.
(c)
Deterioration of the surface to a vertical depth of 1/2 inch
or more within each individual sidewalk block.
(2)
If 80% of a property owner's sidewalk blocks are determined to be
defective or insufficient, the entire sidewalk shall be replaced.
(3)
The
costs for repair, removal, and/or replacement of existing sidewalks
shall be paid 100% by the Village.
[Added 7-14-2020]
F.
Illegal sidewalks. No sidewalk which shall be constructed contrary
to the provisions of this section shall be considered a legal sidewalk,
and the same shall be ordered to be replaced with a legal sidewalk
and with one that is in conformity with this section.
[Amended 10-11-2011]
The location and construction of driveways shall be in accordance
with the following:
A.
Width. No driveway shall exceed 30 feet in width unless special permission
is obtained from the Director of Public Works.
B.
Interference with intersections. Within 30 feet of street intersections,
a driveway shall not be provide direct ingress to or egress from the
street area and shall not occupy areas of the roadway deemed necessary
by the Director of Public Works or designee for effective traffic
control or for roadway signs or signals.
C.
Interference with street. No driveway apron shall extend out into
the street farther than the face of the curb or flow line, and under
no circumstances shall such driveway apron extend into the gutter
area.
D.
Number
of approaches limited. No more than one driveway entrance and approach
shall be constructed for any lot or premises except where deemed necessary
and feasible without due impairment of safety, convenience and utility
of the street by the Village Board. Any two approaches shall be at
least 10 feet apart.
E.
Approval required. No person shall construct or maintain any driveway
within the road right-of-way without first obtaining a permit.
F.
Drainage. All driveway entrances, approaches and culverts shall be
constructed to not interfere with the drainage of the street, side
ditches or roadside or with any structure within the road right-of-way.
When required by the Director of Public Works to provide adequate
surface water drainage along the street, the property owner shall
provide any necessary culvert pipe at his own expense.
G.
Erosion control. Erosion control measures shall be implemented per Chapter 250, Construction Site Erosion Control, of this Code.
H.
Reconstruction of sidewalks and curb and gutter. When the construction
of a driveway requires the removal of curb and gutter or sidewalk,
the new construction shall meet Village specifications on file with
the Village Clerk-Treasurer and be done in a neat, orderly, workmanlike
manner.
I.
Culverts. If required by the Village, culverts shall be installed
prior to any work being done on the property served and will follow
specifications on file with the Village Clerk-Treasurer. The property
owner shall keep his culvert unobstructed and clean of debris.
J.
Costs. All costs associated with the driveway installation, including
but not limited to sidewalk repairs, curb and gutter repairs, storm
grate repairs, culvert installations, driveway installations, materials,
restoration, erosion control measures and labor, are to be paid by
the property owner.
K.
Variances. Any of the above requirements may be varied by the Village
Board in such instances where the particular nature of the property
or the design of the street may make the rigid adherence to the above
requirements impossible.
Curb and gutter construction and reconstruction shall be completed
in accordance with the specifications on file with the Village Clerk-Treasurer.
A.
Approval required. No person, partnership or corporation, or his
or its 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 of Woodville without approval from the Director
of Public Works.
B.
Request for approval. The request for approval shall be in writing
and signed by the applicant or his agent. The applicant shall submit
to the Village Clerk-Treasurer or Director of Public Works, at the
time the request is made, 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
Village Clerk-Treasurer or Director of Public Works shall determine
if sufficient information is submitted.
C.
Exception. The provisions of this section shall not apply to Village
excavation work done under the direction of the Village Board or Director
of Public Works.
D.
Term of approval. Approval shall be in writing and valid for a period
of 30 days, except as provided for under this article.
E.
Village standards; fees.
(1)
Village standards. All street work shall be performed in accordance
with the current standard specifications for street openings on file
with the Village Clerk-Treasurer. Any damaged curb and gutter, sidewalk
or grass-covered area shall be restored to the condition prior to
damage.
(2)
Fee. The fee for a street opening shall be as set by the Village
Board plus actual Village expenses. Fees shall be paid to the Village
Clerk-Treasurer, who shall issue his receipt therefor.
F.
Insurance required. Approval shall be issued only upon the condition
that the applicant submit to the Village Clerk-Treasurer satisfactory
written evidence that the applicant has in force and will maintain
during the time the project is in effect public liability insurance
of not less than $10,000 per one person and $100,000 for one accident
and property damage coverage of not less than $100,000.
G.
Bond.
(1)
Before approval for excavating or opening any street or public way
may be issued, the applicant must sign a statement that he will indemnify
and save harmless the Village of Woodville and its officers from all
liability for accidents and damage caused by any of the work, 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 Village Board for a period of one year, and that he will pay
all fines or forfeitures 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.
(2)
Faulty work or materials shall be immediately replaced by the contractor
upon notice by the Village. Failure to correct deficiencies shall
result in a one-year revocation of the right to obtain approval for
a street opening. The Village shall repair the deficiencies and bill
the contractor for all labor, materials and equipment used plus 20%
for administration.
(3)
The person who does such restoration shall be responsible therefor
for one year 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 an amount determined by the Village Board.
(4)
Whenever the Village Board shall find that any such work has become
defective within one year 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 Village Board 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.
(5)
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.
A.
Frozen ground. No openings in the streets, alleys, sidewalks or public
ways shall be permitted when the ground is frozen.
B.
Protection of public.
(1)
Every opening and excavation shall be enclosed with sufficient barriers,
signs, and other traffic control devices 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 Director
of Public Works, no trench shall be excavated more than 250 feet in
advance of pipe or conduit laying or left unfilled more than 500 feet
from where pipe or conduit has been laid.
(2)
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 costs 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.
(3)
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 contractor to provide reasonable access to all properties adjacent
to his project. In the event that 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.
(4)
The contractor 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 workmen or passersby. It shall be the responsibility of the contractor to prevent traffic backup during construction operation. The contractor shall notify the Director of Public Works 48 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 E.
(5)
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 24 hours prior to the loss of service, unless the operations are part of an emergency excavation as defined in Subsection E.
C.
Notice. It shall be the duty of the contractor to notify the Village
Clerk-Treasurer or Director of Public Works and all public and private
individuals, firms and corporations affected by the work to be done
at least two business days before such work is to commence. The Village
Clerk-Treasurer or Director of Public Works shall also be notified
at least four hours prior to backfilling and/or restoring the surface.
D.
Pavement replacement. Pavement replacement shall follow standards
on file with the Village Clerk-Treasurer.
E.
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 or its agents and employees may take immediate
proper emergency measures to remedy dangerous conditions for the protection
of property, life, health or safety without obtaining approval, provided
that such person, firm or corporation shall apply for approval not
later than the end of the next business day and shall notify the Village
office immediately.
F.
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 Village Clerk-Treasurer 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 approval 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 Village Board or its designee,
conditions exist which make it absolutely essential that the approval
be issued. Every effort shall be made to place gas, electric, telephone
and television cable lines in boulevard areas.
A.
Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public ground 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.
B.
Exceptions. The prohibition of Subsection A shall not apply to the following:
(2)
Building materials for the period authorized by the Director of Public
Works 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. The Director of Public Works may require
such materials to be protected by barricades and appropriate lighting.[2]
C.
Standards. Property owners may place certain fixtures on sidewalks
which immediately adjoin their property if the following requirements
are met:
(1)
The property must be located in an area used for commercial uses.
(2)
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.
(3)
The placement of the fixture shall not significantly impede the flow
of pedestrian traffic on the sidewalk. In no event shall the fixture
reduce the unobstructed sidewalk width to less than three feet at
any point.
D.
Removal by Village of sidewalk obstructions and encroachments. In
addition to any other penalty imposed, if any Village police 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.[3]
E.
Removal by Village 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 police
officer determines that a Village street, alley, public ground 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 24 hours.[4]
F.
Failure to remove obstruction.
(1)
If the owner or occupant fails to remove the obstruction within the time period established in Subsection D or E, respectively, any Village police 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.[5]
Permits for moving buildings shall be issued under Chapter 231, Building Construction, § 231-13, Moving buildings, of this Code.
[Amended 10-11-2011; 5-10-2022]
A.
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
sidewalk shall be cleared of all accumulated snow and/or ice within
24 hours from the time the snow ceases to accumulate on said sidewalk.
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.
B.
Notice; 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, Village law enforcement officers and other designated Village officials and employees shall provide one written notice per season, giving them the opportunity to cure their default. After that one written notice, the following shall apply:
(1)
Hazardous conditions. In the event that the property owner, occupant
or person in charge of said parcel or lot is unavailable to receive
a written notice, the law enforcement officer or other designated
Village officials and employees shall immediately cause the removal
of the snow and/or ice. The law enforcement officer or other designated
Village officials and employees shall provide a written notice to
the last known address of the property owner notifying him that a
hazardous condition existed which required immediate abatement.
(2)
Snow and ice not to encroach. No person shall push, shove or in any
way deposit any snow or ice onto any public street, alley, sidewalk
or public land 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 onto the public streets.
C.
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.
E.
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.
B.
Noxious weeds; paving. All that part of the boulevard area 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.
With the exception of mailboxes, basketball backstops, statuary, structures,
flagpoles and other objects shall not be placed in the boulevard area
unless approved by the Village Board.
C.
Responsibility to maintain. Every owner of land in the Village whose
land abuts a boulevard area is required to maintain, or have maintained
by his tenant, the boulevard area directly abutting such land as provided
in this section and elsewhere in this Code. Every owner shall keep
mailboxes and hydrants located in a boulevard area free and clear
of snow.
All vaults and cisterns under sidewalks shall be prohibited.
Requests or petitions by Village 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
15 to be considered for installation in the following year.
A.
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 or alley, or upon any public
property or upon any property of another, without the express permission
of the owner or occupant thereof.
B.
No person or persons shall carry or transport any coal, stone, brick, ashes, sand, dirt, manure, garbage or any rubbish or other substance whatsoever in a wagon or other vehicle of any kind on any street, alley or other public ground in said Village, unless the same shall be so constructed as to prevent the contents thereof from falling therefrom during the transportation thereof; any person or persons violating any of the provisions of this section shall be subject to penalty as provided in § 1-4 of this Code, and the Director of Public Works shall cause the area to be cleared and the offender charged for the cleanup.[1]
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.
A.
Buildings to have street numbers. Each principal building in the
Village shall be assigned to an official street number by the Village
Clerk-Treasurer. 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 Village Clerk-Treasurer. Plats shall be numbered to
conform as nearly as possible to the general scheme of numbering as
outlined on the map.
C.
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 a notice requiring him to properly number the same, and if he neglects to do so for 10 days after service, he shall be subject to a forfeiture as provided in § 1-4 of this Code.
