[Adopted as Title 6, Ch. 2, of the 1998 Village Code of Ordinances]
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.
[Amended 3-24-2008 by Ord. No. 2008-02]
A.Â
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 will determine where sidewalks will be constructed.
The Village Board may determine or change the width or grade of any
street or sidewalk.
B.Â
Apportionment of sidewalk and curb and gutter costs. Any time the Village rebuilds or reconstructs a street, sidewalks shall be installed at the property owner's expense. Sidewalks and curb and gutter in new subdivisions shall be installed by the developer pursuant to Chapter 377, Subdivision of Land, of the Code of the Village of Clyman. When a street is repaired or reconstructed and curb and gutter already exists, the Village shall pay for the replacement curb and gutter.
C.Â
Permit required. No person shall hereafter lay, remove, replace or
repair any public sidewalk within the Village of Clyman 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 permits.
D.Â
Standard specifications for sidewalk.
(1)Â
General. Concrete sidewalk construction shall meet the specifications
and provisions set forth in this section and shall be constructed
in locations and to line and grade as established by the Village.
(2)Â
Grading. Prior to construction, ground on which sidewalks are to
be placed shall be brought to within three inches of subgrade by the
contractor.
(3)Â
Subgrades: remove all dirt below the grade line; and the space shall
be filled with crushed stone, sand, or gravel. The base shall be left
four inches thick after being tamped, with the stone or gravel to
be not larger than 1Â 1/2 inches in diameter and to be free from
dirt, dust and foreign matter. Soft, porous and unsuitable subgrade
material shall be removed and replaced with sand, gravel, or other
satisfactory materials, and the subgrade shall be thoroughly and uniformly
compacted and moistened immediately before the concrete is placed.
On embankments, the upgrade shall extend to at least allow room for
form work beyond each edge of the sidewalk.
(4)Â
Concrete. The minimum quantity of cement per cubic yard shall be
no less than five ninety-four-pound sacks. Concrete shall be mixed
for at least one minute. Gravel shall be of good quality and washed.
Concrete shall test 3,000 pounds of compression in 28 days. Bituminous
sidewalks are prohibited.
(5)Â
Jointing. Expansion joints 1/2 inch thick and four feet wide shall
be placed at fifty-foot maximum intervals. At all places where a walk
intersects another walk or curbline, a one-half-inch expansion joint
shall be placed.
(6)Â
Slope. To provide adequate drainage, the sidewalk shall slope toward
the curb at a minimum rate of 1/4 inch per foot of width of sidewalk.
All joints and edges shall be finished with a one-fourths-inch radius
edging tool. Sidewalks shall be constructed within the limits of the
street, and unless otherwise specifically indicated, there shall be
a six-inch strip of street property left between the property line
and the edge of the sidewalk. At its discretion, the Village has a
right to inspect/approve form work prior to pouring.
(7)Â
Width and thickness.
(a)Â
All residential sidewalks in the Village shall be four feet
in width.
(b)Â
The width of sidewalks in commercial areas shall be as determined
by the Village Board.
(c)Â
Residential walks shall be not less than four inches thick except
within driveway approaches where the minimum thickness shall be six
inches. Sidewalks in front of commercial or industrial establishments
shall be not less than five inches in thickness except within driveway
approaches where the minimum thickness shall be seven inches.
(d)Â
One-half-inch reinforcement rod shall be used when replacing
or repairing sidewalks over alley entrances.
(8)Â
Curing and drying. As soon as any of the concrete work hereinbefore
mentioned has been finished and hardened sufficiently to prevent excessive
marring of the surface, it shall be cured and protected against rapid
drying. Failure to comply with this requirement shall be deemed sufficient
cause for suspension of the work. Curing shall be accomplished by
the impervious coating, wet fabric, or paper methods. For imperious
coating or membrane curing, only those materials meeting requirements
of ASTM Specification C156-44-T, "Method of Test for Efficiency of
Materials for Curing Concrete," shall be used. Said specifications
are hereby adopted by reference as if fully set forth herein.
(9)Â
Finishing. The concrete shall be struck off true to grade, finished
smooth and given a broom finish. All edges shall be rounded. No tool
marks shall be left on exposed surfaces. In case of rain, the walk
shall be covered to protect the surface from being damaged. Walks
shall be kept free from all traffic at normal temperatures for 48
hours and in cold weather (below 50° F.) for 96 hours. No concrete
shall be poured when the temperature may be expected to fall below
35° F. in any seventy-two-hour period or upon frozen subgrade.
(10)Â
Higher standards. Where deemed necessary by the Village, higher
sidewalk standards may be required by the Village Board.
E.Â
Repair or replacement of defective sidewalks.
(1)Â
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)Â
Three-fourths-inch or more vertical differential between adjacent
sharp edged individual sidewalk blocks (crack in slab) and between
adjacent round edged individual sidewalk blocks (joint).
(b)Â
One-and one-fourth-inch horizontal distance between adjacent
individual sidewalk blocks.
(c)Â
Deterioration of the surface to a vertical depth of 1/2 inch
or more within each individual sidewalk block.
(2)Â
If 80% of a property owner's sidewalk blocks are determined
to be defective or insufficient, the entire sidewalk shall be replaced.
F.Â
Curb cut. Driveway curb cuts must be performed by concrete cutting
equipment specifically designed for this use. In lieu of cutting the
curb, the entire curb and gutter section may be removed and replaced.
Any pavement damages as a result of this work must be repaired by
the owner or his agent.
G.Â
Illegal sidewalks. No sidewalk which shall be constructed contrary
to the provisions of this section shall be considered a legal sidewalk
and the same may be ordered to be replaced with a legal sidewalk and
with one that is in conformity with this section, the same as if no
sidewalk whatever had been build or constructed in the place where
any such sidewalk is located.
A.Â
Permit required. No person, partnership or corporation, or their
agents or employees or contractors, shall make or cause to be made
any opening or excavation in any public street, public alley, public
way, public ground, public sidewalk or Village-owned easement within
the Village of Clyman without a permit therefor from the Director
of Public Works or Village Clerk-Treasurer.
B.Â
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 Village Clerk-Treasurer or 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 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.Â
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.Â
Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 370-7G for pavement replacement.
E.Â
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 Village Clerk-Treasurer or Director of Public Works and payment
of a renewal permit fee of $25. Permit renewals shall be issued at
the discretion of the Village Clerk-Treasurer or Director of Public
Works.[1]
F.Â
Village standards; fees.
G.Â
Insurance required. A permit shall be issued only upon the condition
that the applicant submit to the Village Clerk-Treasurer satisfactory
written evidence that applicant has in force and will maintain during
the time the permit is in effect public liability insurance of not
less than $500,000 per one person, $500,000 for one accident and property
damage coverage of not less than $500,000.
H.Â
Bond.
(1)Â
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 Clyman 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 Village Board for a period of one year,
and that he will pay all fines of forfeitures imposed upon him for
any violation of any rule, regulation or ordinance governing street
openings or drainlaying adopted by the Village Board and will repair
any damage done to existing improvements during the progress of the
excavation in accordance with the ordinances, rules and regulations
of the Village. 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)Â
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)Â
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)Â
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)Â
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.Â
Frozen ground. No openings in the streets, alleys, sidewalks or public
ways shall be permitted between November 15 and April 1 except where
it is determined by the Village Board or its designee to be an emergency
excavation.
B.Â
Protection of public.
(1)Â
Every opening and excavation shall be enclosed with sufficient barriers,
signing, and such other traffic control devices as may be required
by the Village Board or its designee, and in accordance with Section
VI of the Manual of Uniform Traffic Control Devices. Sufficient warning
lights shall be kept on from sunrise to sunset. 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.
(2)Â
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)Â
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 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)Â
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 Director of Public Works 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 Section
6-2-4(b).
(5)Â
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 § 370-7H.
C.Â
Pavement removal.
(1)Â
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)Â
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)Â
Pavement replacement areas with the long dimension in the direction
of travel shall have the long dimension parallel with the curbline
or the direction of travel. Pavement replacement areas in concrete
pavements shall be parallel with or at right angles to the direction
of travel.
(4)Â
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 insure a full depth of concrete at the joint.
D.Â
Excavation.
(1)Â
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)Â
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.Â
Backfilling.
(1)Â
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, in the opinion of the Director of Public Works, is unsuitable.
(2)Â
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)Â
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)Â
Mechanical compaction shall be used on all materials used for trench
backfill. Each layer (twelve-inch 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)Â
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)Â
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.Â
Notice. It shall be the duty of the permittee 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 one business day 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.
G.Â
Pavement replacement.
(1)Â
Backfill material shall be left below the original surface to allow
for four 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)Â
Bituminous pavement shall be placed the full depth of the existing
pavement or 2Â 1/2 inches, whichever is greater. Bituminous pavement
shall be placed in a maximum of a one-and-one-half-inch base layer
and a one-inch top layer, 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)Â
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 Village officials.
(4)Â
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 three 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.Â
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 make take immediate proper
emergency measures to remedy dangerous conditions for the protection
of property, life, health or safety without obtaining an excavation
permit, provided that such person, firm or corporation shall apply
for an excavation permit not later than the next business day and
shall notify the Village office immediately.
I.Â
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 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 Village Board or its designee,
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.Â
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.Â
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1)Â
Temporary encroachments or obstructions authorized by permit under § 370-9 of this section pursuant to § 66.0425, Wis. Stats.
(2)Â
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.
(3)Â
Excavations and openings permitted under §§ 3706 and
370-7 of this Code.
C.Â
Standards. Property owners may place certain fixtures on sidewalks
which immediately adjoin their property if the following requirements
are met:
(1)Â
The property must be located in an area used for commercial uses.
(2)Â
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)Â
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.Â
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.Â
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
adjoin the obstructed public area directing that the obstruction be
removed within 24 hours.
F.Â
Failure to remove obstruction.
(1)Â
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)Â
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.Â
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 or for the purpose of moving any building
or structure or of encumbering the street, alley, sidewalk or way
with materials necessary in and about the construction or demolition
of any building or structure, provided such applicant has complied
with the other requirements of this section and has obtained a building
permit if required by this Code. The Clerk-Treasurer shall request
advisory recommendations from the Director of Public Works, law enforcement
and/or Building Inspector prior to issuance of the permit. Village
officials may attach conditions to the permit, including proof of
liability insurance.
B.Â
Bond. No street privilege permit shall be issued until the applicant
shall execute and file with the Village Clerk-Treasurer a bond in
an amount determined by the Director of Public Works not exceeding
$10,000, conditioned that the applicant will indemnify and save harmless
the Village from all liability for accidents or damage caused by reason
of operations under said permit and will remove such encumbrance upon
termination of the operations and will leave the vacated premises
in a clean and sanitary condition and repair any and all damage to
the streets, alleys, sidewalks or public property of the Village resulting
from such building or moving operations. Upon request, the Village
Board may waive this requirement.
D.Â
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, removal
or moving of buildings or structures and shall be given upon the following
terms and conditions and subject to revocation without notice by the
Village Board, Director of Public Works, law enforcement or Building
Inspector for violation thereof:
(1)Â
Such temporary obstruction shall cover not more than 1/3 of any street
or alley.
(2)Â
Obstructions shall be sufficiently lighted at night so as to be in
full view of the public from all directions.
(3)Â
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)Â
The process of moving any building or structure shall be as continuous
as practicable until completed and, if ordered by the Village Board,
shall continue during all hours of the day and night.
(5)Â
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.
(6)Â
Buildings shall be moved only in accordance with the route prescribed
by the Village Board.
(7)Â
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.Â
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.Â
Removal by Village. In addition to any other penalty imposed, if
the owner or occupant of the premises adjoining any lawfully obstructed
sidewalk shall remove or neglect to remove such obstruction within
24 hours after such notice from the Village Board to do so, it shall
be the duty of the Village Board 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.Â
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.Â
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, Village law enforcement officers and other designated Village officials and employees shall take the following action:
(1)Â
Hazardous conditions. If a Village law enforcement officer or other
designated Village officials and employees determine 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 the property
owner, occupant or person in charge of said parcel or lot is unavailable
to receive a written notice, the police officer and other designated
Village officials and employees shall immediately cause the removal
of the snow and/or ice. The police officer and other designated Village
officials and employees 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)Â
Snow and ice not to encroach. No person shall push, shove or in any
way deposit any snow or ice onto any public streets, alley, sidewalk
or public lands dedicated to public use except for parcels or lots
located where existing buildings are constructed within five feet
of the street right-of-way and the sidewalks exist from the Village
right-of-way to the curbline. In such instances, the owners, occupants
and/or employees of parcels or lots shall be permitted to deposit
snow and ice from their sidewalks onto the public streets.
C.Â
Enforcement. All sworn police officers and other designated Village
officials and employees are hereby authorized and directed to enforce
the provisions of this section.
D.Â
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.Â
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.Â
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.
Basketball backstops, statuary, structures, flag poles and other objects
shall not be placed in the terrace area.
C.Â
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.
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.
It shall be unlawful for any person to deposit or cause to be
deposited, dump, sort, scatter or leave any rubbish, stone, wire,
earth, ashes, cinders, sawdust, hay, glass, manure, filth, paper,
snow, ice, dirt, grass, leaves, construction waste, garbage or other
offensive or noxious material in any public street, sidewalk, alley,
or upon any public property or upon any property of another, without
the express permission of the owner of occupant thereof.
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.Â
Buildings to have street numbers. Each principal building in the
Village of Clyman shall be assigned an official street number by the
Village. 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.
B.Â
Uniform numbering system.
(1)Â
Numbering buildings. All blocks of land, for the purpose of numbering
the buildings thereof, are hereby divided into sections 20 feet in
width on the streets on which they front (except as herein otherwise
provided), and each such section or distance shall have a number.
(2)Â
One hundred numbers to block. One hundred numbers shall be set aside
for each block. Commencing at number one at each instance, the first
20 feet on the east and north sides of the streets shall be number
101 and 102 and numbering shall continue in that way; that is, with
odd numbers on the east and north and even numbers on the west and
south. At the first street reached, any numbers under 200 not used
shall be omitted and the first 20 feet on the east and north in the
next block shall be numbered 201 and each further block shall commence
with a number one higher than the preceding one.
(3)Â
Consecutive numbers opposite. Consecutive numbers shall be as near
as possible opposite each other, and to effect this numbers may be
omitted when necessary; and in fractional blocks and where streets
cross diagonally more or less than 20 feet may be used for a number,
but not less than 15 feet nor more than 30 feet.
(4)Â
Names of streets to be prefixed with direction. For the purpose of
this chapter, the names of streets may be prefixed with the direction
they run from the point at which numbers commence: north, south, east
and west.
C.Â
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 2Â 1/2 inches high on a background of not less than three inches. Each required number shall be affixed on the particular building in such a location that it may be easily and readily seen by a person of ordinary eyesight on the public street or highway upon which the building abuts. Whenever any building is situated more than 50 feet from the street line, the number of such building shall be conspicuously displayed in an appropriate place so as to be easily discernible from the sidewalk. 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.
D.Â
Noncompliance. If the owner or occupant of any building neglects for 30 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 § 1-3.