[Adopted 10-4-1993 (Title 6, Ch. 2, of the 1993 Code of Ordinances), as amended through 2-17-2015]
No owner or occupant shall allow the sidewalk abutting on his or her 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 Administrator-Clerk/Treasurer who shall spread the cost on the tax roll as a special tax against the premises, pursuant to § 66.0627, Wis. Stats., or such cost may be recovered in an action against the owner or occupant.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Board may order. The Village Board may determine that sidewalks or curb and gutter may be constructed, laid, rebuilt or repaired along or upon any public street, right-of-way or highway within the Village. The Village Board may determine or change the width or grade of any street or sidewalk.
B. 
Apportionment of costs. Where required by the Village Board, it shall be the duty of the abutting owner to build, repair, construct and perpetually maintain sidewalks along or upon any street, alley or highway in the Village of Spencer and for the owner to pay 100% of the cost of repair or reconstruction. Sidewalks in new subdivisions shall be installed pursuant to Chapter 424, Subdivision of Land, of the Code of the Village of Spencer. Whenever the Village Board shall, by resolution, determine that a sidewalk be laid, rebuilt, repaired, lowered or raised along or upon any public street, alley or highway within the Village of Spencer, it shall proceed according to § 66.615, Wis. Stats.
C. 
Permit required. No person shall hereafter lay, remove, replace or repair any public sidewalk within the Village of Spencer unless he or she is under contract with the Village to do such work or has obtained a permit therefor from the Village Administrator-Clerk/Treasurer at least three days before work is proposed to be undertaken. No fee shall be charged for such permits.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Standard specifications for sidewalk.
(1) 
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) 
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) 
Subgrade. Subgrade shall be three inches of sand fill, thoroughly and uniformly compacted and brought to correct grade, placing of concrete and thoroughly wet down immediately before concrete is placed. Soft and unsuitable subgrade material shall be removed and replaced with sand or other satisfactory material, and the subgrade shall be thoroughly and uniformly compacted and moistened immediately before the concrete is placed.
(4) 
Concrete. The minimum quantity of cement per cubic yard shall be six ninety-four-pound sacks. Concrete shall be mixed for at least one minute. Gravel shall be of good quality and washed. Concrete shall test 2,000 pounds compression in 28 days.
(5) 
Jointing. Expansion joints one-half-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) 
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-fourth-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.
(7) 
Width and thickness. Residential walks shall be five feet in width and not less than four inches thick except within driveway approaches, where the minimum thickness shall be six inches, provided that walks in residential areas may be repaired or replaced to a width not less than the existing width on the effective date of this section. Sidewalks in front of commercial or industrial establishments shall be not less than eight feet in width and five inches in thickness, except within driveway approaches where the minimum thickness shall be seven inches. Where possible, sidewalks shall be located nine feet from the curb. One-half-inch reinforcement rod shall be used when replacing or repairing sidewalks over alley entrances.
(8) 
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.
(9) 
Curing. Concrete shall be kept moist by sprinkling, covering or a combination of both for a minimum of five days.
(10) 
Higher standards. Where deemed necessary by the Village, higher sidewalk standards may be required by the Village Board.
E. 
Repair or replacement of defective sidewalks. Pursuant to § 66.0907, Wis. Stats., the Village Board may order at any time 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 within 30 days after service of the notice provided in § 66.0907(3)(c), Wis. Stats., the Village Board shall repair or construct such sidewalk, and the Village Administrator-Clerk/Treasurer shall enter the total cost thereof upon the tax roll as a special assessment against said lot or parcel of land. If a life-threatening situation exists which is caused by a sidewalk in need of repair, the Village Board, or its designee, shall direct the property owner to make repairs within seven days. If the property owner shall fail to repair such sidewalk within the required period, the Village Board shall make the necessary repairs and the Village Administrator-Clerk/Treasurer shall enter the total cost thereof on the tax roll as a special tax against said parcel.
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 and with one 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 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 Spencer without a permit therefor from the Village Administrator-Clerk/Treasurer.
B. 
Application for permit. The application for a permit shall be in writing and signed by the applicant or his or her agent. The applicant shall submit to the Village Administrator-Clerk/Treasurer, 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 Village Administrator-Clerk/Treasurer shall determine if sufficient information is submitted.
C. 
Exception. The provisions of this section shall not apply to Village excavation work done under the direction of the Village Board or Village Administrator.
D. 
Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 418-7G 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 Village Administrator-Clerk/Treasurer and payment of a renewal permit fee as set by the Village Board. Permit renewals shall be issued at the discretion of the Village Administrator-Clerk/Treasurer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Village standards; fees.
(1) 
Village standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this section and § 418-7. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to its condition prior to damage.
(2) 
Fee. The fee for a street opening permit shall be as set by the Village Board plus actual Village expenses. Permit fees shall be paid to the Village Administrator-Clerk/Treasurer, who shall issue his or her receipt therefor.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Insurance required. A permit shall be issued only upon the condition that the applicant submit to the Village Administrator-Clerk/Treasurer 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, $500,000 for one accident and property damage coverage of not less than $500,000.
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 or she will indemnify and save harmless the Village of Spencer and its officers from all liability for accidents and damage caused by any of the work covered by his or her permit, and that he or she 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 or she may make as near as can be to the state and condition in which he or she 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 or she will pay all fines of forfeitures imposed upon him or her for any violation of any rule, regulation or ordinance governing street openings or drain laying adopted by the Village Board and will repair any damage done to existing improvements during the progress of the excavation in accordance with the ordinances, rules and regulations of the Village. Such statement shall also guarantee that, if the Village shall elect to make the street repair, the person opening the street will pay all costs of making such repair and of maintaining the same for one year.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 one year from the date of the completion of the work and shall file a written guarantee or surety bond to that effect with the Village in an amount determined by the Village Board.
(4) 
Whenever the Village Board shall find that any such work has become defective within one year of the date of completion, it shall give written notice thereof to the contractor or to his or her 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.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 April 1 except where it is determined by the Village Board 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 Village Board or its designee, and in accordance with Part 6 of the MUTCD. 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 Village Administrator, 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]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 or her employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 or her 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.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 Village Administrator 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 § 418-7H.
(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 § 418-7H.
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 or her work and in accordance with all applicable codes and regulations.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(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 Village Administrator 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 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) 
The Village Administrator 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. 
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, in the opinion of the Village Administrator, 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 Village Administrator, 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 (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) 
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 Village Administrator-Clerk/Treasurer 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 Administrator-Clerk/Treasurer 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 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) 
Bituminous pavement shall be placed the full depth of the existing pavement or 2-1/2 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) 
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) 
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. 
Emergency excavation. In the event of an emergency, any person, firm or corporation owning or controlling any sewer, gas main, water main, conduit or other utility in or under any public street, alley easement, way or ground and his or her agents and employees make take immediate proper emergency measures to remedy dangerous conditions or 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.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 Village Administrator-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. 
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 or she is the owner or occupant, except as provided in Subsections B and C.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1) 
Temporary encroachments or obstructions authorized by permit under § 418-9 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.
(3) 
Excavations and openings permitted under §§ 418-6 and 418-7 of this Code.
C. 
Standards. Property owners may place certain fixtures on sidewalks which immediately adjoin their property if the following requirements are met:
(1) 
The property must be located in an area used for commercial uses.
(2) 
The fixture(s) shall not be physically attached to the sidewalk, any street fixture or any adjacent building, and shall be of a temporary design.
(3) 
The placement of the fixture shall not significantly impede the flow of pedestrian traffic on the sidewalk. In no event shall the fixture reduce the unobstructed sidewalk width to less than three feet at any point.
D. 
Removal by Village 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 or she 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.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 or she 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.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 Administrator-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 Administrator-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 Chief of Police and Village Administrator 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 such applicant has complied with the other requirements of this section and has obtained a building permit if required by this Code of Ordinances. The Chief of Police and Village Administrator shall request advisory recommendations from the Village Administrator prior to issuance of the permit. Village officials may attach conditions to the permit, including proof of liability insurance.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Bond. No street privilege permit shall be issued until the applicant shall execute and file with the Village Administrator-Clerk/Treasurer a bond in an amount determined by the Village President 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 operations. Upon request, the Village Board may waive this requirement.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Fee. The fee for a street privilege permit shall be in the sum as set by the Village Board, plus any actual Village costs.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 Village Board, Village Administrator, Chief of Police, or Building Inspector for violation thereof:[4]
(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.
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 Administrator-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 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 Administrator-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 36 hours if your lot is located in a commercial or institutional zoning district and 72 hours if your lot is in a residential district 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. The Board has the right to review any sidewalk concerns after written request from property owners.
B. 
Notice and cost of removal of snow from sidewalks. The Village Administrator will publish a legal notice summarizing the requirements of this section of the municipal code during the first week of October each year. The cost to have the Village clean the sidewalks per occurrence is as set by the Village Board for under 200 feet and for over 200 feet. Failure to comply with the above requirements will cause the Village to clean any walk, without prior notice, that is not cleared and bill the responsible landowner.[1]
(1) 
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
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. 
Continued violations. Each twenty-four-hour period where a violation occurs shall constitute a separate offense under this section for enforcement purposes. Repeated violations or subsequent additional accumulations of snow and/or ice shall not nullify any pending notice issued under this section.
E. 
Expense. An account of the expenses incurred by the Village to abate the snow and/or ice hazard shall be kept and such expenses shall be charged to and paid by the parcel or lot owner. Notice of the bill for the removal of snow and/or ice shall be mailed to the last-known address of the owner of the parcel or lot and shall be payable within 10 calendar days from the receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the Village Administrator-Clerk/Treasurer shall enter those charges onto the tax roll as a special tax as provided by § 66.0907(5), Wis. Stats.
F. 
Penalty. In addition to the provisions set forth in this section, any person, firm or corporation which violates the provisions of this section shall be subject to a penalty as provided in § 1-3 of this Code of Ordinances.
A. 
Definition. The definition of "terrace area" shall be as defined in § 433-2.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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. Basketball backstops, statuary, structures, flag poles and other objects shall not be placed in the terrace area.
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 or her 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.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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 1 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. 
Method. All curb and gutter within the Village of Spencer shall be laid, repaired, or replaced by the Village pursuant to either of the following two methods:
(1) 
Petition from abutting property owners. In case of a petition to the Village to build, replace, or repair any curb and gutter signed by the abutting property owners, such petition shall, whether specifically stated in the petition or not, authorize said Village to build said curb and gutter abutting the property owned by said petitioners in such manner as the Village Board shall direct. The work shall be done either directly by the Village or by a private contractor hired by the Village with or without bids.
(2) 
Village Board determination without petition from abutting property owners. Whenever the Village Board shall, by resolution, determine that a curb and gutter be laid, rebuilt, or repaired on any public street within the Village, it shall proceed according to §§ 66.0703 and 66.0701, Wis. Stats.
B. 
Cost. The landowner will be charged 100% of the cost of the curb and gutter the first time it is built; every time after that when it is replaced the Village will be charged 100% of the cost of the curb and gutter. For any other reason the curb and gutter was broke because of improvements by the property owner, the cost of the repairs would be paid by the property owner 100%.
A. 
Buildings to have street numbers. Each principal building in the Village shall be assigned to an official street number by the Village Administrator-Clerk/Treasurer. All lots and parts of lots in the Village shall be numbered in accordance with a street numbering map on file in the office of the Village Administrator-Clerk/Treasurer. Plats shall be numbered to conform as nearly as possible to the general scheme of numbering as outlined on the map.
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 or her 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. 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Noncompliance. If the owner or occupant of any building neglects for 20 days to duly attach and maintain the proper numbers on the building, the Village shall serve him or her a notice requiring him or her to properly number the same, and if he or she neglects to do so for 10 days after service, he or she shall be subject to a forfeiture as provided in § 1-3.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).