[Adopted 7-6-1998 by Ord. No. 98-11 as Ch. 8 of the 1998 Code]
[Amended 6-4-2018 by Ord. No. 2018-04; 12-13-2021 by Ord. No. 2021-04]
A. Removal of rubbish and dirt from sidewalk. No owner or occupant shall allow the sidewalk abutting on his premises to be littered with rubbish, dirt, or weeds. If such owner or occupant shall refuse or fail to remove any such rubbish, dirt, or weeds, when notified to do so by the Village Board, the Public Works Director or their designee, the same may cause the work to be done by a Village contractor and report the cost thereof to the Village Treasurer, who shall levy 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.
B. Construction and repair of sidewalks; cost of curb and gutter.
(1) 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. It may also choose to waive this requirement if it determines it is in the best interest of the general public.
(2) Cost of sidewalks.
(a) New subdivision sidewalks. Sidewalks required in new subdivisions shall be constructed at the cost of the developer.
(b) Existing streets. The Village contributes 100% of the sidewalk construction cost.
(c) Repair and maintenance of existing sidewalks. The Village shall pay for the cost of maintaining, reconstructing, removing and repairing existing sidewalks.
C. Sidewalk construction specifications. Current construction specifications for sidewalks are available at the Village Hall.
Any person who shall violate any provision of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in §
1-4 of this Code.
[Adopted 3-20-2017 by Ord. No. 2017-02]
The following definitions apply in this article. References hereafter to "sections" are, unless otherwise specified, references to sections in this article. Defined terms remain defined terms whether or not capitalized.
APPLICANT Any person requesting permission to excavate, obstruct and/or occupy a right-of-way.
DEGRADATION The accelerated depreciation of the right-of-way, caused by an excavation of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation did not occur.
DEPARTMENT INSPECTOR Any person authorized by the Department to carry out inspections related to the provisions of this article.
EMERGENCY A condition that poses a clear and immediate danger to life or health, or of a significant loss of property or requires immediate repair or replacement in order to restore service to a customer.
EXCAVATE To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way.
FACILITIES All equipment owned, operated, leased or subleased in connection with the operation of a service or utility service, and shall include but is not limited to poles, wires, pipes, cables, underground conduits, ducts, manholes, vaults, fiber optic cables, lines and other structures and appurtenances.
IN When used in conjunction with "right-of-way," means over, above, in, within, on or under a right-of-way.
LOCAL REPRESENTATIVE A local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this article.
OBSTRUCT To place any object in a right-of-way so as to hinder free and open passage over/under, on or in that or any part of the right-of-way.
OCCUPY To dwell or reside above, on, in, or below the boundaries of the public rights-of-way.
PERMITTEE Any person to whom a permit to excavate or occupy a right-of-way has been granted by the Village under this article.
PERSON Municipality, corporation, company, including a "company" as defined in § 182.017(1g)(b), Wis. Stats., association, firm, partnership, limited liability company, limited liability partnership and individuals and their lessors, transferees and receivers.
PSCW The Public Service Commission of Wisconsin.
REGISTRANT Any person who has registered with the Village to have its facilities located in any right-of-way or to use or seek to occupy or use the right-of-way or any facilities in the right-of-way.
REPAIR To perform construction work necessary to make the right-of-way usable for travel, according to Department specifications, or to return facilities to an operable condition that is in as good or better a condition as the facilities were before the work commenced.
REPAIR BOND A performance bond, a letter of credit, or cash deposit posted to ensure the availability of sufficient funds to assure that right-of-way excavation repair work is completed in both a timely and quality manner, per Department specifications.
RIGHT-OF-WAY The surface and space above and below a public roadway, highway, street, bicycle lane, landscape terrace, shoulders, side slopes, and public sidewalk in which the Village has an interest, including other dedicated rights-of-way for travel purposes.
RIGHTS-OF-WAY USER A person owning or controlling a facility in the public right-of-way, or seeking to own or control a facility in the public right-of-way.
SERVICE or UTILITY SERVICE Includes services such as municipal sewer and water services and services provided by a public utility or a company subject to § 182.017, Wis. Stats., and other similar services.
SUPPLEMENTARY APPLICATION An application made to excavate or obstruct more of the right-of-way than allowed in, or to extend, a permit that has already been issued.
UNUSABLE FACILITIES Facilities in the right-of-way which have remained unused for one year and for which the registrant is unable to provide proof that it has either a plan to begin using them within the next 24 months or a potential purchaser or user of the facilities.
VILLAGE The Village of Denmark, Wisconsin, a Wisconsin municipal corporation.
The Village of Denmark Public Works Department, through its Public Works Director, is responsible for the administration of the rights-of-way, and the permits and ordinances related thereto.
Any person aggrieved by a decision of the Department revoking, suspending, refusing to issue or refusing to extend a permit may file a request for review with the Village Board. A request for review shall be filed within 10 days of the decision being appealed. Following a hearing, the Village Board may affirm, reverse or modify the decision of the Department.
When the Village performs work in the right-of-way and finds it necessary to maintain, support, shore, or move a registrant's facilities, the Village shall notify the local representative. The registrant shall meet with the Village's representative within 24 hours and coordinate the protection, maintenance, supporting, and/or shoring of the registrant's facilities. The registrant shall accomplish the needed work within 72 hours, unless the Village agrees to a longer period. In the event that the registrant does not proceed to maintain, support, shore, or move its facilities, the Village may arrange to do the work and bill the registrant, said bill to be paid within 30 days.
By registering with the Village, or by accepting a permit under this article, a registrant or permittee, as the case may be, agrees to indemnify, defend, and hold harmless the Village, its officers, boards, committees, commissions, elected officials, employees and agents (collectively, "indemnified parties") from and against all loss or expense (including liability costs and attorney's fees) by reason of any losses, damages, claims or suit, or of liability imposed by law upon an indemnified party for damages because of bodily injury, including death, at any time resulting therefrom, sustained by any person or persons or on account of damages to property, including loss of use thereof, arising from, in connection with, caused by or resulting from the permittee's acts or omissions in the performance of the work under this permit, whether caused by or contributed to by the Village or its agents or employees.
The Village, by the granting of a permit to excavate, obstruct and/or occupy the right-of-way, or by registering a person under this article, does not surrender or to any extent lose, waive, impair or lessen the lawful powers and rights which it has now or which may be hereafter granted to the Village under the Constitution and statutes of the State of Wisconsin to regulate the use of the right-of-way by the permittee, and the permittee by its acceptance of a permit to excavate, obstruct and/or occupy the right-of-way or of registration under this article agrees that all lawful powers and rights, regulatory power, or police power, or otherwise as are or the same may be from time to time vested in or reserved to the Village shall be in full force and effect and subject to the exercise thereof by the Village at any time. A permittee or registrant is deemed to acknowledge that its rights are subject to the regulatory and police powers of the Village to adopt and enforce general ordinances necessary to the safety and welfare of the public and is deemed to agree to comply with all applicable general law, and ordinances enacted by the Village pursuant to such powers. The Village's exercise of police powers includes but is not limited to imposition of the costs and expenses of enforcement of this article, including attorney's fees.