[HISTORY: Adopted by the Village Board of the Village of
Denmark as indicated in article histories. Amendments noted where
applicable.]
[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.
[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.
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.
(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]
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)
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.
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.
Any person requesting permission to excavate, obstruct and/or
occupy a right-of-way.
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.
The Village's Public Works Department.[1]
Any person authorized by the Department to carry out inspections
related to the provisions of this article.
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.
To dig into or in any way remove or physically disturb or
penetrate any part of a right-of-way.
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.
When used in conjunction with "right-of-way," means over,
above, in, within, on or under a right-of-way.
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.
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.
To dwell or reside above, on, in, or below the boundaries
of the public rights-of-way.
Any person to whom a permit to excavate or occupy a right-of-way
has been granted by the Village under this article.
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.
The Public Service Commission of Wisconsin.
Has the meaning provided in § 196.01(5), Wis. Stats.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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]
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.
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:
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.
