[Adopted 12-1-2003 by Ord. No. 2003-02 as Title 6, Ch. 2, of the 2003
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 Common Council, or its designee, the City may cause
the same to be done and report the cost thereof to the City Clerk-Treasurer
who shall spread the cost on the tax roll as a special charge against
the premises, pursuant to § 66.0627, Wis. Stats., or such
cost may be recovered in an action against the owner or occupant.
A.
Construction and repair procedures. The Common Council may determine
that sidewalks or curb and gutter be constructed or repaired and establish
the width and grade, determine the material and prescribe the method
of construction of standard sidewalks and curb and gutter pursuant
to this section.
B.
Cost of sidewalks and curb and gutter.
(1)
Any time the City rebuilds or reconstructs a street, curb and gutter and sidewalks shall be installed, with the property owner paying up to 100%. Sidewalks in new subdivisions shall be installed by the developer pursuant to Chapter 435, Subdivision of Land, of this Code.
(2)
Petition
from abutting property owners. In case of a petition to the City to
build, replace, or repair any curb and gutter or sidewalk signed by
the abutting property owners, such petition shall, whether specifically
stated in the petition or not, authorize said City to build said curb
and gutter or sidewalk abutting the property owned by said petitioners
in such manner as the Common Council shall direct and to charge the
cost thereof to the abutting lots or parcels of land in such portions
as the Common Council may determine, and to enter the same on the
tax roll as a special tax against such lots or parcels, and to collect
the same in all respects like other taxes on real estate.
C.
Sidewalk approval required. No person shall hereafter lay, remove,
replace or repair any public sidewalk within the City unless he is
under contract with the City to do such work or has obtained approval
from the Clerk-Treasurer or his designee at least three days before
work is proposed to be undertaken. All work must meet the standards
set forth in this article and be approved by the Director of Public
Works or his designee.
D.
Standard specifications for sidewalk.
(1)
General. Concrete sidewalk construction shall meet the specifications
and provisions on file with the City and shall be constructed in locations
and to line and grade as established or approved by the City.
E.
Repair or replacement of defective sidewalks.
(1)
The
Common Council may determine that any sidewalk which is unsafe, defective,
or insufficient be repaired or removed and replaced with a sidewalk
in accordance with this section. The existence of any one or more
of the hereinafter enumerated characteristics shall determine whether
a sidewalk is defective or insufficient:
(a)
Vertical differential of 3/4 inch or more between adjacent sharp-edged
individual sidewalk blocks (crack in slab) and between adjacent round-edged
individual sidewalk blocks (joint).
(b)
Horizontal distance of 1 1/4 inches between adjacent individual sidewalk
blocks.
(c)
Deterioration of the surface to a vertical depth of 1/2 inch or more
within each individual sidewalk block.
(2)
If
80% of a property owner's sidewalk blocks are determined to be defective
or insufficient, the entire sidewalk shall be replaced.
F.
Illegal sidewalks. No sidewalk which shall be constructed contrary
to the provisions of this section shall be considered a legal sidewalk,
and the same shall be ordered to be replaced with a legal sidewalk
and with one that is in conformity with this section.
G.
General requirements for curb and gutter. Curb and gutter construction
and reconstruction shall be completed in accordance with the specifications
on file with the City.
A.
Approval required. No person, partnership or corporation, or his
or its agents or employees or contractors, shall make or cause to
be made any opening or excavation in any public street, public alley,
public way, public ditch, public ground, public sidewalk or City-owned
easement within the City of Glenwood City without approval from the
Common Council or its designee.
B.
Request for approval. The request for approval shall be in writing
and signed by the applicant or his agent. The applicant shall submit
to the Common Council or its designee, at the time the request is
made, sufficient information relating to the work, including the general
location and nature of the work, and the method the applicant proposes
to use in doing the work. The Common Council or its designee shall
determine if sufficient information is submitted.
C.
City work excluded. The provisions of this section shall not apply
to excavation work under the direction of the City departments or
employees or to contractors performing work under contract with the
City necessitating openings or excavations in City streets.
D.
Term of approval. Approval shall be in writing and valid for a period
of 30 days from the date of approval.
E.
City standards. All street work shall be performed in accordance
with the current standard specifications for street openings on file
with the City Clerk-Treasurer. Any damaged curb and gutter, sidewalk
or grass-covered area shall be restored to the condition prior to
damage.
F.
Insurance required. Approval shall be issued only upon condition
that the applicant submit to the Common Council or its designee satisfactory
written evidence that the applicant has in force and will maintain
during the time the approval 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.
G.
Fee. The fee for a street opening shall be as set by the Common Council
plus actual City expenses. Fees shall be paid to the City Clerk-Treasurer,
who shall issue his receipt therefor.
H.
Bond.
(1)
Before
approval for excavating or opening any street or public way may be
issued, the applicant must sign a statement that he will indemnify
and save harmless the City of Glenwood City and its officers from
all liability for accidents and damage caused by any of the work,
and that he will fill up and place in good and safe condition all
excavations and openings made in the street, and will replace and
restore the pavement over any opening he may make as near as can be
to the state and condition in which he found it, and keep and maintain
the same in such condition, normal wear and tear excepted, to the
satisfaction of the Common Council for a period of one year, and that
he will pay all fines or forfeitures imposed upon him for any violation
of any rule, regulation or ordinance governing street openings or
drain laying adopted by the Common Council 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 City.
Such statement shall also guarantee that, if the City shall elect
to make the street repair, the person opening the street will pay
all costs of making such repair and of maintaining the same for one
year.
(2)
Faulty
work or materials shall be immediately replaced by the contractor
upon notice by the City. Failure to correct deficiencies shall result
in a one-year revocation of the right to obtain approval for a street
opening. The City shall repair the deficiencies and bill the contractor
for all labor, materials and equipment used plus 20% for administration.
(3)
The
person who does such restoration shall be responsible therefor for
one year from the date of the completion of the work and shall file
a written guarantee or surety bond to that effect with the City in
an amount determined by the Common Council.
(4)
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 City in
an amount determined by the Common Council.
(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 Common Council as necessary to adequately protect the public
and the City.
I.
Public utilities. All public utilities as defined in §§ 66.0801 and 196.01, Wis. Stats., are hereby required to be bound by the terms and conditions of this section and § 367-7, and any and all subsections thereunder, except that a public utility as defined within this section shall not be required to post the indemnity bond.
A.
Frozen ground. No openings in the streets, alleys, sidewalks or public
ways shall be permitted when the ground is frozen except where it
is determined by the Common Council or its designee 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 City 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 Common Council or its designee,
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)
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 City 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 contractor to provide reasonable access to all properties adjacent
to the 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)
The contractor shall perform the work in such a manner so as not to disrupt the flow of traffic in the area or endanger the safety of workmen or passersby. It shall be the responsibility of the contractor to prevent traffic backup during construction operation. The contractor shall notify the Director of Public Works or Clerk-Treasurer 48 hours prior to commencement of excavation of the location and extent of the excavation unless the excavation is an emergency excavation as identified in Subsection E.
(5)
When the operations will result in the loss of any utility service to private properties, the private properties shall be notified in writing or by personal contact at least 12 hours prior to the loss of service, unless the operations are part of an emergency excavation as defined in Subsection E.
C.
Pavement removal and replacement. Pavement removal and replacement
and sidewalk, curb, gutter and driveway restoration shall follow all
standards on file with the City Clerk-Treasurer.
D.
Notice. It shall be the duty of the contractor to notify the Common
Council or its designee and all public and private individuals, firms
and corporations affected by the work to be done at least two business
days before such work is to commence. The Director of Public Works
shall also be notified at least four hours prior to backfilling and/or
restoring the surface.
E.
Emergency excavation. In the event of an emergency, any person, firm
or corporation owning or controlling any sewer, gas main, water main,
conduit or other utility in or under any public street, alley, easement,
way or ground and his agents and employees make take immediate proper
emergency measures to remedy dangerous conditions for the protection
of property, life, health or safety without obtaining excavation approval,
provided that such person, firm or corporation shall apply for approval
not later than the next business day and shall notify City officials
immediately.
F.
Excavation in new streets limited. Whenever the City 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 Common Council, the City shall notify in writing each person,
utility or other agency owning or controlling any sewer, water main,
conduit or other utility in or under said street or any real property
abutting said street that all such excavation work in such street
must be completed within 30 days. After such permanent improvement
or repaving, no approval shall be issued to open or excavate said
street for a period of five years after the date of improvement or
repaving unless, in the opinion of the Common Council, conditions
exist which make it absolutely essential that the approval be issued.
Every effort shall be made to place gas, electric, telephone and television
cable lines in street terraces.
G.
Repair by City. The City may elect to have the City or a contractor
working for the City make the pavement repair for any street or sidewalk
opening, in which case the cost of making such repair and of maintaining
such repair for one year shall be charged to the person making the
street opening.
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:
(2)
Building materials for the period authorized by the Common Council,
or its designee, 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.
(4)
Awnings which do not extend below any point seven feet above the
sidewalk, street or alley.
(5)
Public utility encroachments duly authorized by state law or the
Common Council.
(7)
Goods, wares, merchandise, or fixtures being loaded or unloaded which
do not extend more than three feet on the sidewalk, provided that
such goods, wares, etc., do not remain thereon for a period of more
than two hours.
C.
Issuance of approval.[3]
(1)
The Common Council is authorized to allow property owners to place
certain fixtures on sidewalks which immediately adjoin their property.
In determining authorization, 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 four feet at any point.
(d)
The property owner whose property adjoins the City sidewalk
shall request approval or authorize the occupant of the subject property
to request approval.
(2)
Said authorization may be revoked by the Common Council at any time
when one or more of the above requirements are not complied with or
if it determines that the placement of the fixture(s) endangers the
safety of the pedestrians who utilize the sidewalks.
D.
Obstructions and encroachments in violation. In addition to any other
penalty imposed, if any City enforcement official determines that
a sidewalk is unlawfully obstructed in violation of this section,
he shall issue a written notice to the owner of occupant of the premises
which adjoins the obstructed public area directing that the obstruction
be removed within 24 hours.
E.
Removal by City for obstructions and encroachments located in the
City streets, alleys, public grounds or lands dedicated for public
use. In addition to any other penalty imposed, if the Chief of Police,
Director of Public Works or Building Inspector determines that a City
street, alley, public ground or land dedicated for public use is obstructed
or encumbered, he shall issue a written notice to the property owner
of the premises which adjoins the obstructed public area directing
that the obstruction be removed within 24 hours.[4]
F.
Failure to remove obstruction.
(1)
If the owner or occupant fails to remove the obstruction within the time period established in Subsection D or E respectively, the Council 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 City 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 City 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 City expense on the tax rolls
for unpaid bills for abating the obstruction as provided for in this
section.
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's full width clear of all snow and ice. In the event
of snow accumulating on said sidewalk due to natural means and/or
by any other means, said sidewalk shall be cleared of all accumulated
snow and/or ice within 24 hours from the time the snow ceases to accumulate
on said sidewalk. In the event that ice has formed on any sidewalk
in such a manner that it cannot be removed, the owner, occupant or
person in charge of the parcel or lot which fronts upon or adjoins
said sidewalk shall keep the sidewalk sprinkled with sand and/or salt
to permit safe travel by pedestrians.[1]
B.
Failure to remove. In case of failure or neglect of any owner or occupant of any land or parcel of land to remove the snow from sidewalks as specified in Subsection A within the time set forth in said subsection and, after the cessation of any fall of snow, the owner or occupant has failed to remove such snow from sidewalks as specified in Subsection A, the Public Works Director shall remove or cause the snow to be removed from any and all sidewalks that may be so neglected by the owner or occupant, and a fee shall be assessed against the owner or occupant for the cost and expense of moving such snow. The fee will be charged against the respective lots and parcels of land adjacent to which said work shall be done, as a special tax, and such sum or sums shall be collected in the same manner as other special taxes.[2]
C.
Prohibited placement. Except as provided herein, no person shall
deposit or cause to be deposited any snow or ice taken and removed
from his premises or elsewhere upon any sidewalk, alley, parkway,
public place or street in the City; provided, however, that the person,
firm or corporation depositing such snow shall, within one hour thereafter,
cause the same to be removed from such street.
D.
Snow and ice as nuisance. The deposit of any snow or ice upon any
sidewalk, alley, street, or public property of the City contrary to
the provision of this section shall be and is declared to be a nuisance,
and in addition to the penalty provided for violation of this section,
the City may similarly remove any snow or ice so deposited and cause
the cost of said removal plus an administrative fee to be charged
to the owner or occupant of the property from which said snow or ice
has been removed.[3]
B.
Noxious weeds; paving. All that part of the boulevard 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 Common Council or its designee.
Basketball backstops, statuary, structures, flagpoles and other objects
shall not be placed in the boulevard area unless approved by the Common
Council.
C.
Responsibility to maintain. Every owner of land in the City whose
land abuts a boulevard is required to maintain, or have maintained
by his tenant, the boulevard directly abutting such land as provided
in this section and elsewhere in this Code. Every owner shall keep
mailboxes located on a boulevard free and clear of snow.
All vaults and cisterns under sidewalks shall be prohibited.
Requests or petitions by City property owners for new streets,
street resurfacing, curb and gutter, storm sewers, utility work and
sidewalks shall be presented to the Common Council on or before September
15 to be considered for installation in the following year's
budget.
It shall be unlawful for any person to deposit or cause to be
deposited, dump, sort, scatter or leave any rubbish, stone, wire,
earth, ashes, cinders, sawdust, hay, glass, manure, filth, paper,
snow, ice, dirt, grass, leaves, construction waste, garbage or other
offensive or noxious material in any public street, sidewalk, or alley,
or upon any public property or upon any property of another, without
the express permission of the owner or occupant thereof.
A.
Buildings to have street numbers. Each principal building in the
City shall be assigned an official street number by the City Clerk-Treasurer's
office. All lots and parts of lots in the City shall be numbered in
accordance with a street numbering map on file in the office of the
City Clerk-Treasurer. Plats shall be numbered to conform as nearly
as possible to the general scheme of numbering as outlined on the
map. Odd numbers shall be south and east. Even numbers shall be north
and west.
B.
Street numbers to be displayed. The owner, occupant, or agent in charge of the premises shall cause to be affixed and maintain 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 four inches in size. Each required number shall be affixed on the front of the 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 commercial buildings with a public entrance fronting a public alley, the street number shall also be affixed in such location that it may be seen in like manner from such alley.
C.
Noncompliance. If the owner or occupant of any building neglects for 20 days to duly attach and maintain the proper numbers on the building, the City shall serve him a notice requiring him to properly number the same, and if he neglects to do so for 10 days after service, he shall be subject to a forfeiture as provided in § 1-4 of this Code.
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.[1]
