[Adopted 1-6-1988 as Title 4, Ch. 2, of the 1988 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 Director of Public Works, the Director 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.
[Amended 7-13-2011]
A.
Board may order. The Village Board may determine that sidewalks,
curbs and gutter and suitable street surface material 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. Notwithstanding
the foregoing, this section shall in no way prohibit or prevent the
repair, replacement or removal of sidewalks in the manner set forth
in § 66.0907, Wis. Stats.; provided, however, that instead
of the 20 days set forth in § 66.0907(3)(d), Wis. Stats.,
the Village shall allow 60 days for the work to be completed by the
owner. The repair, replacement or removal of sidewalks in accordance
with § 66.0907, Wis. Stats., is expressly approved; provided,
however, that instead of the 20 days set forth in § 66.0907(3)(d),
Wis. Stats., the Village shall allow 60 days for the work to be completed
by the owner.
B.
Owner to construct.
(1)
It shall be the duty of the abutting owner to build, repair, construct
and rebuild streets, curbs and gutter, or sidewalks along or upon
any street, alley or highway in the Village of Luck and to pay the
entire cost of construction thereof. Such costs shall include expenditures
for engineering, excavations, gravel and driveway approaches.
(2)
Notwithstanding anything to the contrary set forth in this section,
sidewalks shall be laid, rebuilt, repaired, lowered, removed or replaced
in accordance with § 66.0907, Wis. Stats.; provided, however,
that instead of the 20 days set forth in § 66.0907(3)(d),
Wis. Stats., the Village shall allow 60 days for the work to be completed
by the owner. Projects other than sidewalks shall be assessed to abutting
property owners pursuant to Subchapter VII of Ch. 66, Wis. Stats.
(3)
No person shall remove any sidewalks without the permission of the
Director of Public Works.
C.
Sidewalk permit required. No person shall lay, remove, replace or
repair any public sidewalks within the Village 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. A fee set by the Village Board
shall be charged for such permits.[1]
D.
Specifications. Streets and curb and gutter shall be constructed
in accordance with the specifications adopted by the Village Board
and on file with the Director of Public Works. Unless an ordinance
or resolution ordering the sidewalk construction establishes a specific
standard therefor, sidewalks shall be constructed as follows:
(1)
Unless
superseded by these specifications, the governing standards shall
be the Wisconsin Department of Transportation Standard Specifications
for Concrete Sidewalks, Loading Zones, Safety Islands, and Steps,
2010, and current supplements; and
(2)
Concrete
shall be a minimum of six-bag cementious, 0.45 water/cement ratio,
6% A-E, minimum 4,000 psi sidewalk and curb mix. Slump placement should
be no greater than four inches maximum for hand work and 1 1/2 inches
for machine placement when no forming is required. A curing compound
application is required at time of placement and sealing after the
twenty-eight-day curing cycle.
E.
Repair or replacement of defective sidewalks. In accordance with
Resolution No. 7-2011, sidewalks with cracks or heaves of 3/4 inch
or more shall be repaired or replaced in the manner set forth in § 66.0907,
Wis. Stats; provided, however, that instead of the 20 days set forth
in § 66.0907(3)(d), Wis. Stats., the Village shall allow
60 days for the work to be completed by the owner. The Director of
Public Works shall carry out the duties imposed on the Board of Public
Works in § 66.0907, Wis. Stats.; provided, however, that
instead of the 20 days set forth in § 66.0907(3)(d), Wis.
Stats., the Village shall allow 60 days for the work to be completed
by the owner.
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 may be ordered to be replaced with a legal sidewalk 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.
A.
Permit 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 Luck without a permit therefor from the Director
of Public Works.
B.
Application for permit. The application for a permit shall be in
writing and signed by the applicant or his agent. The applicant shall
submit to the Director of Public Works, at the time the permit is
applied for, sufficient information relating to the work to be done,
including the general location and nature of the work and the method
the applicant proposes to use in doing the work. The 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 Director of Public
Works.
D.
Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 496-7G for pavement replacement.
E.
Renewal of permit. If operations have begun under an approved permit
and will continue beyond the thirty-day validation period, the permittee
shall apply for a thirty-day permit renewal by written request to
the Director of Public Works and payment of a renewal permit fee set
by the Village Board. Permit renewals shall be issued at the discretion
of the Department of Public Works.[1]
F.
Village standards; fee.
(1)
Village standards. All street work shall be performed in accordance
with the current standard specifications for street openings. Any
damaged curb and gutter, sidewalk or grass-covered area shall be restored
to the condition prior to damage.
G.
Insurance required. A permit shall be issued only upon condition
that the applicant submit to the Director of Public Works satisfactory
written evidence that the applicant has in force and will maintain
during the time the permit is in effect public liability insurance
of not less than $500,000 per one person and $500,000 for one accident
and property damage coverage of not less than $500,000. The policy
shall name the Village of Luck as the third party insured.
H.
Bond.
(1)
Before a permit 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 Luck and its officers from all liability
for accidents and damage caused by any of the work covered by his
permit and that he will fill up and place in good and safe condition
all excavations and openings made in the street and will replace and
restore the pavement over any opening he may make as near as can be
to the state and condition in which he found it and keep and maintain
the same in such condition, normal wear and tear excepted, to the
satisfaction of the Director of Public Works for a period of two years,
and that he will pay all fines 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 two years.
(2)
Faulty work or materials shall be immediately replaced by the permittee
upon notice by the Village. Failure to correct deficiencies shall
result in a one-year revocation of the right to obtain a street opening
permit. The Village shall repair the deficiencies and bill the permittee
for all labor, materials and equipment used plus 20% for administration.
(3)
The person who does such restoration shall be responsible therefor
for two years from the date of the completion of the work and shall
file a written guarantee or surety bond to that effect with the Village
in an amount determined by the Director of Public Works.
(4)
Whenever the Director of Public Works shall find that any such work
has become defective within two years of the date of completion, he
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 Director of Public Works 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 between November 15 and May 1 except where
it is determined by the Director of Public Works to be an emergency
excavation.
B.
Protection of public.
(1)
Every opening and excavation shall be enclosed with sufficient barriers,
signing, and such other traffic control devices as may be required
by the Director of Public Works 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 Director
of Public Works, 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]
(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 cost of any
appeal, that may result from the neglect by such person or his employees
of any necessary precaution against injury or damage to persons, vehicles
or property of any kind.
(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 permittee 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 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 workmen or passersby. It shall be the responsibility of the permittee to prevent traffic backup during construction operation. The permittee shall notify the 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 of this section.
(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 12 hours prior to the loss of service, unless the operations are part of an emergency excavation as defined in Subsection H of this section.
C.
Pavement removal.
(1)
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 work and
in accordance with all applicable codes and regulations.
(2)
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
Director of Public Works shall, on the basis of an on-site inspection,
approximate the boundaries of the pavement replacement area.
(3)
Pavement replacement areas with the long dimension in the direction
of travel shall have the long dimension parallel to the curbline or
the direction of travel. Pavement replacement areas in concrete pavements
shall be parallel to or at right angles to the direction of travel.
(4)
The Director of Public Works 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.
D.
Excavation.
(1)
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.
(2)
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.
E.
Backfilling.
(1)
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 Director of Public Works, is unsuitable.
(2)
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 Director of Public Works,
hauled in.
(3)
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.
(4)
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.
(5)
All excavations shall be subject to testing by the Village. 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.
F.
Notice. It shall be the duty of the permittee to notify the Director
of Public Works and all public and private individuals, firms and
corporations affected by the work to be done at least one business
day before such work is to commence. The Director of Public Works
shall also be notified at least four hours prior to backfilling and/or
restoring the surface.
G.
Pavement replacement.
(1)
Backfill material shall be left below the original surface to allow
for five inches of three-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.
(2)
Bituminous pavement shall be placed the full depth of the existing
pavement or three inches, whichever is greater. Bituminous pavement
shall be placed in layers a maximum of 1 1/2 inches 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 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.
(3)
Concrete pavement shall be placed to the full depth of the existing
pavement or seven 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 Department of Public Works.
(4)
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.
H.
Emergency excavation. In the event of an emergency, any person, firm
or corporation owning or controlling any sewer, gas main, water main,
conduit or other utility in or under any public street, alley, easement,
way or ground and his agents and employees may take immediate proper
emergency measures to remedy dangerous conditions for the protection
of property, life, health or safety without obtaining an excavation
permit, provided that such person, firm or corporation shall apply
for an excavation permit not later than the next business day and
shall notify the Police Department immediately.
I.
Excavation in new streets limited. Whenever the Village Board determines
to provide for the permanent improvement or repaving of any street,
such determination shall be made not less than 30 days before the
work of improvement or repaving shall begin. Immediately after such
determination by the Village Board, the Director of Public Works shall
notify in writing each person, utility or other agency owning or controlling
any sewer, water main, conduit or other utility in or under said street
or any real property abutting said street that all such excavation
work in such street must be completed within 30 days. After such permanent
improvement or repaving, no permit shall be issued to open or excavate
said street for a period of five years after the date of improvement
or repaving unless, in the opinion of the Director of Public Works,
conditions exist which make it absolutely essential that the permit
be issued. Every effort shall be made to place gas, electric, telephone
and television cable lines in street terraces.
A.
Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in Subsections B and C.
B.
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1)
Temporary encroachments or obstructions authorized by permit under § 496-9 of this article pursuant to § 66.0425, Wis. Stats.
(2)
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.
C.
Issuance of permit.
(1)
The Village Clerk-Treasurer is 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 with proof of liability
insurance coverage. The insurance coverage shall be an amount of not
less than $100,000 per occurrence, and the policy shall specifically
state that it includes coverage for the fixtures located on the Village
sidewalks. 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, vendors' carts or tables, etc.
(f)
The property owner whose property adjoins the Village sidewalk
shall file the permit application or authorize the occupant of the
subject property to file the permit application.
(g)
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.
(2)
Upon reviewing the permit application, if it is determined by the
Village Clerk-Treasurer that all of the above requirements have been
met, he shall issue the permit. Said permit may be revoked by the
Village President, Director of Public Works, Village Clerk-Treasurer,
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 determines that the placement
of the fixture(s) endangers the safety of the pedestrians who utilize
the sidewalks.
D.
Removal by Village for 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 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.
E.
Removal by Village for obstruction and encroachments located in the
Village streets, alleys, public grounds or lands dedicated for public
use. In addition to any other penalty imposed, if any Village enforcement
official determines that a Village street, alley, public grounds or
land dedicated for public use is obstructed or encumbered, he shall
issue a written notice to the property owner of the premises which
adjoins the obstructed public area directing that the obstruction
be removed within 24 hours.
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 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 Clerk-Treasurer shall enter those charges onto the tax roll as a special tax as provided by the state statutes.
(2)
The failure of the Village Clerk-Treasurer to record such claim or
to mail such notice or the failure of the owner to receive such notice
shall not affect the right to place the Village expense on the tax
rolls for unpaid bills for abating the obstruction as provided for
in this section.
A.
When required. Permits for the use of the streets, alleys, sidewalks
or other public ways or places of the Village may be granted to applicants
by the Village Clerk-Treasurer 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
that such applicant has complied with the other requirements of this
section and has obtained a building permit if required by this Code.[2] The Village Clerk-Treasurer shall request advisory recommendations
from the Chief of Police, Director of Public Works and Building Inspector
prior to issuance of the permit. Village officials may attach conditions
to the permit, including proof of liability insurance.
B.
Insurance and bond. The applicant for a street privilege permit shall
be required to indemnify, defend and hold the Village and its employees
and agents harmless against all claims, liability, loss, damage or
expense incurred by the Village on account of any injury to or death
of any person or any damage to property caused by or resulting from
the activities for which the permit is granted. As evidence of the
applicant's ability to perform the conditions of the permit,
the applicant may be required to furnish a certificate of comprehensive
general liability insurance to the Village of Luck naming the Village
of Luck as an additional insured. The applicant may be required to
furnish a performance bond prior to being granted the permit.
C.
Fee. The fee for a street privilege permit shall be in the sum set
by the Village Board, plus any actual Village costs.
D.
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
Director of Public Works, Chief of Police or Building Inspector for
violation thereof:
(1)
Such temporary obstruction shall cover not more than 1/3 of any street
or alley.
(2)
Obstructions shall be sufficiently lighted at night so as to be in
full view of the public from all directions.
(3)
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.
(4)
No building or structure shall be allowed to remain overnight on
any street crossing or intersection or so near thereto as to prevent
easy access to any fire hydrant.
(5)
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.
E.
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 Village
Clerk-Treasurer.
F.
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 Director of Public Works, Chief of Police
or Building Inspector to do so, it shall be the duty of the Director
of Public Works, Chief of Police or Building Inspector to remove such
obstruction and make return of the costs and expenses thereof to the
Village Clerk-Treasurer, who shall enter such cost on the next annual
tax roll as a special charge against the property abutting such obstructed
sidewalk, and such sum shall be levied and collected as other special
taxes against real estate.
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
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 four
feet in width. In the event that ice has formed on any sidewalk in
such a manner that it cannot be removed, the owner, occupant or person
in charge of the parcel or lot which fronts upon or adjoins said sidewalk
shall keep the sidewalk sprinkled with sand and/or salt to permit
safe travel by pedestrians.
B.
Notice and 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 Director of Public Works or Village law enforcement officers shall take the following action:
(1)
Hazardous conditions. If the Director of Public Works or 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, he shall cause the issuance of a written
notice to the owner, occupant or person in charge of any parcel or
lot directing that the snow and ice be removed within two hours from
the delivery of the notice. In the event that the property owner,
occupant or person in charge of said parcel or lot is unavailable
to receive a written notice, the Director of Public Works or police
officer shall immediately cause the removal of the snow and/or ice.
The Director of Public Works or police officer shall send a written
notice to the last known address of the property owner notifying him
that a hazardous condition existed which required immediately abatement.
(2)
Nonhazardous conditions. If the owner, occupant or person in charge of the subject parcel or lot fails to remove the snow within the time period established in Subsection A, the Director of Public Works or police officer shall cause the issuance of a written notice to said owner, occupant or person in charge of the subject parcel or lot directing the responsible person (as defined) to remove said snow and ice no later than 12:00 noon of the day following the issuance of said notice. The written notice shall be hand delivered when possible or mailed to the last known address of the owner of the subject property as identified on the records in the Village Clerk-Treasurer's office.
C.
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.
D.
Enforcement. The Director of Public Works, his designees and all
sworn police officers are hereby authorized and directed to enforce
the provisions of this section.
E.
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.
F.
Abatement after notice. Failure of the owner, occupant or person in charge of any parcel or lot to cause the removal of snow and/or ice within the time established under Subsection B(1) and (2) of this section after receiving a written notice shall result in the Director of Public Works causing the removal of said snow and/or ice.
G.
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 terrace not covered by
a sidewalk shall be kept free and clear of all noxious weeds and shall
not be paved, surfaced or covered with any material which shall prevent
the growth of plants and shall be maintained as a lawn, except in
areas specifically approved by the Village Board or its designee.
C.
Responsibility to maintain. Every owner of land in the Village whose
land abuts a terrace is required to maintain, or have maintained by
his tenant, the terrace directly abutting such land as provided in
this section and elsewhere in this Code. Every owner shall keep mailboxes
located on a terrace free and clear of snow.
All vaults and cisterns under sidewalks shall be prohibited.
No downspouts from any building shall terminate on or upon, or be in such position that the contents of such spout shall be cast upon or flow back on or over, any public sidewalk in the Village. When the eaves of a building extend over or are so constructed that water may fall therefrom onto or run back upon any public sidewalk, such eaves shall be so protected by proper spouts or otherwise so 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.
A.
Street sales prohibited except by permit. No person shall display,
sell or offer to sell on any street, sidewalk, alley or other public
place within the Village any goods, wares, foodstuffs or anything
of value or service of any kind by putting up a booth or stopping
a vehicle or person on foot or in any other manner attempting to publicly
sell or offer for sale any such articles, unless such person shall
have first applied for and obtained a special event vending permit
from the Village Clerk-Treasurer. Such permit shall enable holders
to conduct their business in all enumerated areas subject to the limitations
of this section. A special event vending permit shall be obtained
where the vending is done by a participant in a special event and
where such vending is an integral part of the event. However, where
the vending is to occur in connection with a Village or area-wide
promotion of community trade or festival sponsored or coordinated
by an organization, the sponsoring organization shall obtain the special
event vending permit as agent for its participating members.
B.
Procedure.
(1)
Application for a special event vending permit shall be filed with
the Village Clerk-Treasurer and shall contain such information as
the Village Clerk-Treasurer may require. Permits shall be signed by
the Village Clerk-Treasurer and shall be conspicuously displayed at
the place where such sales are being made. The permit shall set forth
the exact days on which and the exact location where such business
shall be carried on and shall be valid only during the dates and at
the locations specified. Where a sponsoring organization is the applicant,
the applicant shall provide the Village Clerk-Treasurer with a complete
list of sponsors and participants at the time of making application.[1]
(2)
Upon receipt of an application for a permit, the Village Clerk-Treasurer
shall review the information given on the application for conformity
with the provisions of this section. If all the applicable requirements
are clearly and unambiguously met in the Village Clerk-Treasurer's
opinion, he shall approve the permit or approve it conditionally.
If the applicable requirements are not clearly and unambiguously met
in the Village Clerk-Treasurer's opinion, he shall state the
matters in doubt in writing to the applicant within three days of
the time of making application.
(3)
The Village Board shall review appeals of the denial of the application
by the Village Clerk-Treasurer and may either deny the permit, approve
the permit or approve the permit conditionally. Appeals requests shall
be filed with the Village Clerk-Treasurer within seven days of the
Clerk-Treasurer's decision.
C.
Conditions of permit. In addition to any other conditions imposed
by the Village Board, all permittees shall fully comply with the following
requirements:
(1)
Liability insurance. To hold a valid permit, the vendor must have
in force adequate liability insurance. Adequate liability insurance
is liability insurance holding the Village and its employees and agents
harmless and indemnifying and defending the Village, its employees
and agents against all claims, liability, loss, damage or expense
incurred by the Village, with adequate liability policy limits on
account of any damage caused by or resulting from the activities for
which the permit is granted. As evidence of the applicant's ability
to perform this condition of the permit, the applicant shall furnish
a certificate of insurance evidencing the existence of comprehensive
general liability insurance (including contractual liability insurance
with the Village being named as an additional insured). "Adequate
liability limits" means minimum limits of $100,000 per occurrence
for bodily injury and minimum limits of $50,000 per occurrence for
property damage. The certificate of insurance shall provide 30 days'
written notice to the Village upon cancellation or nonrenewal or material
change in the policy. Proof of insurance shall be submitted to the
Village Clerk-Treasurer a minimum of seven days before the start of
the event.
(2)
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 review and approval a
minimum of seven days before the start of the event.
(4)
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.[3]
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 August
1 to be considered for installation in the following year.
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 not owned or occupied by him.
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 of occupant thereof.
A.
Buildings to have street numbers. Each principal building in the
Village shall be assigned an official street number by the Building
Inspector.
B.
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 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. Said physical numbers shall be provided by the Village Clerk-Treasurer's office if requested, at cost. 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.
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.
Special assessments and charges. The Village 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/or 66.0703, Wis. Stats.
B.
Alternative methods.
(1)
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(s) requests curb
and gutter abutting property owned by said petitioner, describing
said property and stating what type is requested, and further said
petition shall state that each petitioner individually shall be responsible
and liable for and thereby obligates himself to pay the total costs
of installation of said curb and gutter, to include surveying and
other contingent expenses.
(b)
Effect of petition. In the event that a petition for the installation
of curb and gutter is presented to the Village Board, the Board shall
have the exclusive discretion to accept or reject the same. The Board
may refer said petition or may table it, but in any event it shall
act upon the same in some manner within six months of receipt of said
petition.
(2)
Resolution of intent. In the event that 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 § 66.0703, Wis. Stats.
C.
Types of curb and gutter. All curbs and gutters shall conform to
the construction standards adopted by the Village Board on file with
the Director of Public Works.
D.
Liability for repair thereof. Whenever curb and gutter are installed,
all property owners receiving the benefits thereof shall be responsible
and liable for all replacement, 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.
E.
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 § 66.0703, Wis. Stats.