Village of Denmark, WI
Brown County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Denmark as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Snowmobiles — See Ch. 246.
Special events, block parties and parades — See Ch. 252.
Subdivision of land — See Ch. 265.
Vehicles and traffic — See Ch. 289.
[Adopted 7-6-1998 by Ord. No. 98-11 as Ch. 8 of the 1998 Code]
A. 
Establishment. The grade of all streets, alleys and sidewalks shall be established by the Public Works Committee and recorded by the Village Clerk in his office. No street, alley, or sidewalk shall be worked until the grade thereof is established.
B. 
Alteration of grade prohibited. No person shall alter the grade of any street, alley, sidewalk or public ground or any part thereof in the Village unless authorized to do so by the Village Board or the Public Works Committee. All such alterations of grade shall be recorded in the office of the Village Clerk, by the Village Clerk or the officer authorizing the alteration.
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 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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) 
Sidewalk repair and reconstruction. It shall be the duty of the abutting property owner to construct, repair, and maintain sidewalks along or upon any street, alley, or highway in the Village of Denmark as required by the Village Board. The replacement cost shall be borne by the abutting property owner.
(c) 
The property owner may lay, remove, replace or repair any public sidewalk within the Village provided he obtains a permit from the Village to do the work. The purpose of the permit is to allow the Village to review the work to be performed in order to determine that it meets all Village requirements as to grade, materials and width.
(3) 
Village to repair.
(a) 
The Village Board of Trustees shall notify individual property owners, whenever it deems necessary, to repair or replace identified defective/unsafe sidewalks. Homeowners are allowed to make the corrections themselves or to arrange to have them made by a duly licensed sidewalk contractor of their choice. All cost associated with the repairs shall be borne by the adjacent property owner. All work shall comply with the Village's sidewalk construction specifications. The cost of land filling removed concrete shall be at the expense of the property owner.
(b) 
Any work that the Village has determined as necessary and that is not performed by the property owner shall be achieved by the Village through a contract with a sidewalk construction contractor, and the cost of the improvements shall be assessed against the properties and appear on the subsequent tax roll.
C. 
Sidewalk construction specifications. Current construction specifications for sidewalks are available at the office of the Village Engineer.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Right-of-way permit required. No person shall excavate in any street, alley or public ground without a permit therefor from the Public Works Director.
B. 
Protection of the public. No permit shall be issued unless the method of construction and location of the work to be performed shall be such that the public safety and convenience will not be impaired. The person seeking the permit shall erect such barriers, warning lights and signs as to adequately inform the traveling public of the nature and location of the work being performed.
C. 
Repair of street opening. The person to whom a permit is issued under this section shall complete the work involved as soon as possible and shall immediately repair all pavements, gutters and sidewalks in as good condition as before the opening and as may be directed by the Public Works Director.
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 Subsection B.
B. 
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1) 
Signs or clocks attached to buildings which project not more than six feet from the face of such building and which do not extend below any point 10 feet above the sidewalk, street or alley.
(2) 
Awnings which do not extend below any point seven feet above the sidewalk, street or alley.
(3) 
Public utility encroachments authorized by the Village Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than three feet on a sidewalk, provided such goods, wares, etc., do not remain thereon for more than three hours.
(5) 
Building materials when placed upon the street, alley or sidewalk upon conditions prescribed by the Public Works Director. He may require such materials to be protected by barricades or appropriate lights.
A. 
Sidewalks to be kept clear. The owner or occupant of any lot or parcel shall promptly each day remove all snow and ice which may have fallen or accumulated upon the sidewalk abutting such lot or parcel, provided that when ice has so formed that it cannot be removed, the owner or occupant shall keep the same sprinkled with a material which will prevent the sidewalk from being dangerous to pedestrians. If the owner or occupant fails to comply with this subsection, the Public Works Director shall cause the snow or ice to be removed or sprinkled as required in this subsection and the cost thereof assessed against the property as a special tax. The requirements of this subsection may be suspended by declaration of a snow emergency by the Village Board.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Snow not to be deposited in streets. No person shall cause to be deposited snow from his premises or the sidewalk abutting thereon onto any street or intersection in the Village.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Fire hydrant snow removal.
[Added 10-26-2010]
(1) 
All property owners in the Village of Denmark that have fire hydrants located on their property, or adjacent road right-of-way, shall remove all snow and ice from a two-foot radius around each fire hydrant. Said radius shall be cleared within a twenty-four-hour period from the last snowfall.
(2) 
Any property which is found to be noncompliant shall have, at the option of the Village, such snow and ice removed and cost of services billed to it. If the bill is not paid within 30 days, the bill shall accrue at a rate of 12% per annum. Any outstanding bill amount and accrued interest will be placed onto the tax roll as a charge against the real estate, due and payable to the Village as any other noninstallment assessment is payable.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Should a property owner be unable to perform his snow removal responsibilities, it shall be his responsibility to hire or enlist the help of others to ensure that the hydrant is clear from snow and ice obstruction. The property owner may call the Village office to avoid being fined if all options to remove the snow have been exhausted.
(4) 
In instances where a fire hydrant is located on a lot line, it shall be the responsibility of the property owner to the north or to the east to ensure that the hydrant is free from snow and ice.
A. 
Statement of legislative intent. Fire hydrants are placed and maintained at various points within Village streets to provide for the public health, safety and general welfare of the residents of the Village who own property in the vicinity of such fire hydrants. Obstruction of such fire hydrants is hereby declared to create a situation which is imminently dangerous to the persons and property of all residents within the area of such fire hydrants and the same provides a substantial hindrance in the efficient and effective control of fire by the Village's Volunteer Fire Department. Based upon the foregoing and in accordance with the Village's right to regulate the use of street right-of-way by abutting property owners, the following regulations are enacted.
B. 
Structures and plantings prohibited. Notwithstanding any apparent authority under any other provisions of this Code, no person shall erect, construct or install any structure or device of any nature whatsoever, nor shall any such structure or device be maintained, within 10 feet of any fire hydrant. No person shall plant any tree, shrub, bush or other planting nor maintain any of the same in such a manner that such planting, when mature, shall encroach within 10 feet of any fire hydrant.
C. 
Notice to remove. The Public Works Director or his designees shall notify any property owner of a violation of this section and shall direct the removal of such obstruction within a reasonable period of time, not to exceed 14 days. If the same is not removed within the time period set forth in such notice, such obstruction is hereby declared to be a public nuisance maintained upon public property and the same shall be summarily abated by the Village, which shall cause removal of such obstruction.
D. 
Applicability. The rules and procedures set forth in this section shall apply to the entire right-of-way (the area from the back of the curb to the property line), except one may plant certain non-evergreen trees in the right-of-way if the Public Works Director approves the location and type of tree.
E. 
Exception. This section shall not apply to any structure which may be placed upon the Village right-of-way by a public utility under any easement or franchise, and the provisions of such easement or franchise shall specifically govern the placement of those structures.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
There is hereby established a uniform system of numbering houses and buildings fronting on all streets, avenues and public ways in the Village of Denmark, and all houses and buildings shall be numbered in accordance with the provisions of this section.
B. 
De Pere Road and Main Street shall constitute the base line for all streets running north and south and the right of-way of the Chicago and Northwestern Railroad shall constitute the base line for numbering all streets running east and west.
C. 
The numbering for each street shall begin at the base line. The numbers in the first block shall be from 10 to 99, the second block, 100 to 199, the third block, 200 to 299, etc. There shall be assigned 100 numbers to each block, square or space that would be one block or square if streets each way were so extended so as to intersect each other, and one number shall be assigned to each 25 feet of frontage. In blocks or equivalent space longer than 1,250 feet which is not intersected by a street, the total length of space divided by 50 shall be used to determine the feet of frontage to be assigned each number.
D. 
Display of house and building numbers. Each number that is displayed on either house or building shall be shown visually on the side of the house or building facing the street. Each existing individual number shall be at least three inches tall. The numbers should be placed in such a way so that they are visible from across the street, either on the front of the garage facing the street or any place on the side of the house facing a street, whichever building is closest to the street. All numbers shall be clearly visible at any time during both the daytime and nighttime. Any house with already existing minimum requirements shall be grandfathered into this subsection.
[Amended 5-3-2010 by Ord. No. 5-2010]
E. 
All streets not extending through to the base line shall be assigned the same relative numbers as if said street had extended to said base line.
F. 
Assignment.
(1) 
The Village Board has caused a survey to be made and there is hereby assigned to each house and building located on any street, alley, highway or avenue in the Village its respective number under the uniform system provided for under this section.
(2) 
Such number or numbers shall be placed within 30 days after the assigning of the proper number. The cost of such number or numbers shall be paid for by the property owner and said numbers and holders can be obtained from the Village Clerk.
(3) 
The numbers shall be conspicuously placed immediately above, on or at the side of the proper door of each building so that the number can be seen plainly from the street. Whenever any building is situated more than 50 feet from the street line, the number of such building shall be conspicuously displayed on an appropriate place so as to be easily discernible from the sidewalk.
G. 
Where only one number can be assigned to any house or building, the owner, occupant or agent of such house or building who shall desire distinctive numbers for the upper and lower portion of any such house or building, or for any part of such house or building, fronting on any street, shall use the suffix "A", "B", "C", etc., as may be required.
H. 
For the purpose of facilitating a correct numbering, a plat book of all streets, avenues and public highways within the Village showing the proper numbers of all lots or houses fronting upon all streets, avenues or highways shall be kept on file in the office of the Village Clerk. These plats shall be open to inspection of all persons during the office hours of the Clerk.
I. 
The Village Clerk shall inform any party applying therefor of the number or numbers belonging or embraced with the limits of said lot or property as provided in this section. In case of doubt as to the proper number to be assigned to any lot or building, the Clerk shall determine the number of such lot or building.
J. 
Whenever any house, building or structure shall be erected or located in the Village after the entire work of establishing a uniform system of house numbering has been completed, in order to preserve the continuity and uniformity of numbers of the houses, buildings and structures, the owner shall procure the correct number or numbers from the Village Clerk for said property and immediately fasten said numbers or number so assigned upon said building as provided by this section. No building permit shall be issued for any house, building or structure until the owner has procured from the Clerk the official number of the premises.
K. 
If the owner or occupant of any building required to be numbered by this section shall neglect for the period of 30 days duly to attach and maintain the proper number on such building, the Public Works Director shall serve upon him notice requiring such owner or occupant properly to number the same, and if he neglects to do so for 10 days after the service of such notice, he shall be deemed to have violated this section.
A. 
Established.
(1) 
To conserve and promote the public health, safety, convenience and general welfare, there is established an official map for the Village, such map being incorporated herein and made part hereof as though fully set forth.
(2) 
The map shall be known as the "Official Street Map of Denmark."
(3) 
The Official Street Map shall be final and conclusive with respect to location and width of streets, highways and parkways and the location and extent of parks and playgrounds shown thereon.
(4) 
A visual depiction of the Official Street Map shall be kept in the office of the Village Clerk. No copy of such map purporting to be an Official Street Map shall be so construed, unless the following certification appears on the face thereof, and all such maps bearing such certification shall be deemed official:
It is hereby certified that this map is a true and correct portrayal of the location and width of all streets, highways and parkways and the extent of parks and playgrounds shown thereon as of_______________.
Signed:
  Village Clerk
(5) 
The Village Clerk shall file with the Register of Deeds for Brown County a certificate showing that the Village has established such official map.
B. 
Amendments to Official Street Map.
(1) 
Board may amend. The Board may change or add to the Official Street Map so as to establish the exterior lines of planned new streets, highways, parkways, parks or playgrounds.
(2) 
Procedure. The applicable state law shall be followed for each such change. See § 62.23(6), Wis. Stats.
(3) 
Amendments. Amendments are on file in the office of the Village Clerk.
C. 
Streets on map not deemed open. The placing of any street, highway, parkway, park or playground line or lines upon the Official Street Map shall not constitute the opening or establishment of any street, highway, parkway, park or playground or the taking or acceptance of any land for such purpose. Further and additional acts of the Village Board are required.
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]
A. 
In the exercise of its police powers, the Village of Denmark has priority over all other uses of the public rights-of-way. The Village desires to anticipate and minimize the number of obstructions and excavations taking place in the public rights-of-way to ensure that the rights-of-way remain available for public services and safe for public use. The taxpayers of the Village bear the financial burden for the upkeep of the rights-of-way, and a primary cause for the early and excess deterioration the public rights-of-way is the frequent excavation by any person who places facilities therein.
(1) 
The Village finds that there may be increased costs to the taxpayers of the Village in connection with the use of public rights-of-way and that these costs are likely to continue into the foreseeable future.
(2) 
The Village further finds that excavation and occupancy of the public rights-of-way cause direct and indirect costs to be borne by the Village and its taxpayers.
B. 
In response to the foregoing facts, the Village hereby enacts this article relating to administration of and permits to excavate, obstruct and/or occupy the public rights-of-way and for the imposition of fees in connection therewith. This article imposes reasonable regulations on the placement and maintenance of facilities currently within its rights-of-way or to be placed therein at some future time in addition to the regulatory roles of state and federal agencies.
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
The Village's Public Works Department.[1]
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.
PUBLIC UTILITY
Has the meaning provided in § 196.01(5), Wis. Stats.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
A. 
No person or contractor shall bore under or excavate in or dig upon street right-of-way, street or alley, sidewalk or other public place in the Village without having obtained a permit as herein required. The utility permit shall be obtained by the contractor or person performing the work, and a separate permit shall be obtained for each project to be undertaken. The utility permit shall be void if the work for which the permit is issued is not started within 45 days or completed within 120 days from the date of issuance of the permit. A utility permit shall be in the following form:
(1) 
Be in a form provided by the Department which shall include but not be limited to providing the following:
(a) 
For service or a project of less than one street block a permit shall be issued at the discretion of the Public Works Department.
(b) 
For utility work or service that involves one or more street blocks in length the permit requires a permit fee which includes inspection by the Public Works Department, erosion control requirements as may be required by any erosion control policy of the Village, and a warranty.
(2) 
Erosion control permit. An erosion control permit may be required for all utility permit work in the Village. This permit may be an individual project permit or an annual permit for multiple utility projects for the same utility or contractor.
B. 
Form of application. Application for a utility permit shall be made to the Public Works Department on forms provided and updated and revised from time to time and shall include the following information and any other information as may be required:
(1) 
The purpose of the proposed utility construction.
(2) 
Location (legal description or street locations) of the utility installation.
(3) 
The name and residence of the owner of the premises.
(4) 
The type of restoration of the site in the right-of-way.
(5) 
The maximum depth of the proposed utility installation.
(6) 
The name and address of the applicant and the contractor performing the work.
(7) 
Any other information as may be required in the permit application or requested by the Public Works Director.
C. 
Agreement of applicant. The application shall contain and it shall be the duty of the utility and its contractor to comply with the special provisions of the utility permit and the following requirements:
(1) 
Place or cause to be placed suitable and adequate warning and safety devices, barricades and lights in such places, in such quantity, and of such kind or nature as stipulated by the Public Works Department so long as such excavation is unsurfaced or remains a hazard to traffic of any kind upon such street.
(a) 
Information required. The information provided to the Department at the time of registration shall include but not be limited to:
[1] 
Each registrant's name, Diggers Hotline registration certificate number, address and e-mail address, if applicable, and telephone and facsimile numbers.
[2] 
The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration.
[3] 
All right-of-way users shall demonstrate to the satisfaction of the Village the financial capability to cover any liability that might arise out of their presence in the right-of-way. If the person is a corporation, limited liability corporation (LLC) or limited liability partnership (LLP), a copy of any certificate required to be filed under Wisconsin Statutes as recorded and certified to by the Secretary of State shall be provided.
[4] 
A copy of the person's certificate of authority from the PSCW or other applicable state or federal agency, where the person is lawfully required to have such certificate from said Commission or other state or federal agency.
(b) 
Notice of changes. The registrant shall keep all of the information listed above current at all times by providing to the Department information as to changes within 15 working days following the date on which the registrant has knowledge of any change.
(2) 
Indemnify and hold harmless the Village of Denmark from all costs, damages, and liabilities of every kind, including all expenses and costs of defending any suit for damages on account of any claims, valid or otherwise, as to which it is claimed or alleged by any claimant that said utility work was the sole or a contributing cause.
(3) 
Upon demand by the Village Board, keep in effect until all hazard to traffic caused by such excavation has been removed and terminated a bond or a policy of insurance against liability to third persons for any damage growing out of negligence in the making, guarding, backfilling or resurfacing of the utility work with limits of at least $1,000,000 for any one person and $3,000,000 for any one accident and $500,000 property damages.
D. 
Permit fee. The permit fee shall be determined from time to time by the Village Board, and all applicable fees as adopted by the Village from time to time are incorporated herein by reference as though fully set forth herein.
E. 
Emergency action. Nothing in this section prohibits the making of such excavations as may be necessary for the preservation of life or property or for the location of trouble in conduit or pipe, or for making repairs, provided that the person making such excavations shall apply to the Public Works Department for such a permit on the first working day after such work is commenced.
A. 
The work to be done under the excavation permit, and the repair of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as may be provided by the Department when work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonable or unreasonable.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
In addition to repairing its own work, the permittee must repair the general area of the work, and the surrounding areas, including the paving and its foundations, to the specifications of the Department. The Department shall inspect the area of the work and accept the work when it determines that proper repair has been made, per specifications of the Department.
C. 
Standards. The permittee shall perform repairs according to the specifications of the Department and/or in accordance with the conditions specified in the permit. The Department shall have the authority to prescribe the manner and extent of the repair and may do so in written procedures of general application or on a case-by-case basis.
D. 
Guarantees. The permittee guarantees its work and shall maintain it for 36 months following its completion, except for organic material, which shall be maintained for 12 months. During either period, the permittee shall, upon notification from the Department, correct all repair work to the extent necessary, using the method required by the Department. Said work shall be completed within 10 calendar days of the receipt of the notice from the Department, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable.
E. 
Failure to repair. If the permittee fails to repair the right-of-way in the manner and to the condition required by the Department, or fails to satisfactorily and timely complete all repair required by the Department, the Department at its option may do such work. In that event the permittee shall pay to the Village, within 30 days of billing, the cost of repairing the right-of-way. If the permittee fails to pay as required, the Village may exercise its rights under the repair bond, including seeking enforcement, specific performance, damages, costs and attorney's fees.
A. 
Notice of completion. When the work under any permit issued hereunder is completed, the permittee shall notify the Department.
B. 
Site inspection. The permittee shall make the work site available to the Department and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work.
C. 
Authority of Department. At the time of inspection, the Village may order the immediate cessation of any work that poses a threat to the life, health, safety, or well-being of the public. The Village may issue an order to the registrant for any work that does not conform to the applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within 10 days after issuance of the order, the registrant shall present proof to the Department that the violation has been corrected. If such proof has not been presented within the required time, the Department may revoke the permit.
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
A. 
Discontinued operations.
(1) 
A registrant who has determined to discontinue its operations in the Village must either:
(a) 
Provide information satisfactory to the Department that the registrant's obligations for its facilities under this article have been lawfully assumed by another registrant; or
(b) 
Submit to the Department a proposal and instruments for dedication of its facilities to the Village. If a registrant proceeds under this subsection, the Village may, at its option:
[1] 
Accept the dedication for all or a portion of the facilities;
[2] 
Require the registrant, at its own expense, to remove the facilities in the right-of-way at ground or above ground level; or
[3] 
Require the registrant to post a bond or provide payment sufficient to reimburse the Village for reasonably anticipated costs to be incurred in removing the facilities.
(2) 
However, any registrant who has unusable and abandoned facilities in any right-of-way shall remove them from that right-of-way within two years, unless the Department waives this requirement.
B. 
Abandoned facilities. Facilities of a registrant who fails to comply with Subsection A and which, for two years, remain unused shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. In addition to any remedies or rights it has at law or in equity, the Village may, at its option:
(1) 
Abate the nuisance;
(2) 
Take possession of the facilities; or
(3) 
Require removal of the facilities by the registrant, or the registrant's successor in interest.
C. 
Public utilities. This section shall not apply to a public utility that is required to follow the provisions of § 196.81, Wis. Stats.
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.