[HISTORY: Adopted by the Common Council of the City of Nekoosa 2-9-1988 by Ord. No.
423. Amendments noted where applicable.]
(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.
(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.
(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]
(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.
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.
(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.
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.
(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]]
(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.
All utilities and sewer mains and service laterals to the abutting
property shall be installed before any street is permanently surfaced
or resurfaced.
(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)
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.
(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.
(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.
(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.
(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.
(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.
[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.
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.
