Village of Monticello, WI
Green County
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Table of Contents
Table of Contents
No owner or occupant shall allow the sidewalk abutting on his premises to be littered with rubbish or dirt. If such owner or occupant shall refuse or fail to remove any such rubbish or dirt when notified to do so by the Village Board, the Village Board may cause the same to be done and report the cost thereof to the Village Clerk-Treasurer who shall spread the cost on the tax roll as a special tax against the premises, pursuant to § 66.0703, Wis. Stats., or such cost may be recovered in a court action against the owner or occupant.
(a) 
Board may order.
(1) 
The Village Board may determine that sidewalks, curb and gutter and suitable street surface material 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. Whenever the Village Board shall, by resolution, determine that a sidewalk be laid, replaced, repaired, lowered or raised, it shall direct the abutting owner or owners to lay, remove, replace, repair, raise or lower said sidewalk.
(2) 
Notice.
a. 
Such notice shall be in writing and shall be served personally on the owner or his agent, and in case the owner or agent cannot be found, such notice shall be published in the official newspaper and a copy thereof mailed to the owner's last-known address.
b. 
Such notice shall specify that the sidewalk be rebuilt, repaired, raised, lowered or constructed in accordance with this section and shall direct the owner to repair the same within 48 hours of the service of the notice or to rebuild the sidewalk within 30 days after such service.
(b) 
Apportionment of costs. 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 Monticello and to pay the entire cost thereof. 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 Monticello, it shall proceed according to § 66.0907, Wis. Stats.
(c) 
Permit required. No person shall hereafter lay, remove, replace or repair any public sidewalk within the Village of Monticello unless he is under contract with the Village to do such work or has obtained a permit therefor from the Clerk-Treasurer at least 48 hours before work is proposed to be undertaken. A fee of $10 shall be charged for such permits.
(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. The subgrade shall be prepared by excavating to the line, grade and cross section as furnished by the Village. 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. At all places where existing ground level is below subgrade elevation, the owner shall furnish and place suitable material in successive layers of four inches or less, and each layer shall be rolled and thoroughly compacted until subgrade elevation is reached. In all cases where the grading is carried to a line below the subgrade elevation, the owner shall furnish and refill the space with material satisfactory to the governing body or its agents, and soil, tamp and sprinkle the fill in a thorough manner approved by the governing body or its agents.
(4) 
Surplus excavation and fill between sidewalk and curb. All surplus earth and other material excavated from the line of work, which may not be required for filling, shall be hauled and deposited as directed by the governing body. Where the sidewalk does not abut curb, gutter, pavement or other structures and when the concrete has been cured and forms removed, the space along the sides shall be backfilled with a satisfactory soil thoroughly compacted. Backfill shall be approved by the governing body.
(5) 
Concrete.
a. 
All sidewalks shall be of concrete construction of Portland cement fresh and of a reputable brand, conforming to ASTM C 175. The minimum quantity of cement per cubic yard shall be six 94 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.
b. 
Concrete shall be placed in straight forms of wood or metal of sufficient strength to resist springing, tipping or other displacement during the process of depositing and consolidating the concrete. Wood forms shall be surface plank of at least two inches thickness except for sharply curved sections. Metal forms shall be of approved section. The forms shall be of full depth of the required sidewalk and shall be of such design as to permit secure fastening. Forms shall be thoroughly cleaned and oiled before the concrete is placed against them.
c. 
Concrete shall be placed in the forms on a moist subgrade, deposited just above the finished grade and consolidated and spaded sufficiently to bring the mortar to the surface and to prevent honeycombing. It shall then be struck off level with the top of the forms and finished with wooden flats. All joints and edges shall be finished with a 1/4 inch radius edging tool. Before the last finish has set, the sidewalk shall be steel troweled and brushed in transverse direction. Before final finishing, the surface shall be checked with a ten-foot straight edge, and any areas departing from the testing edge shall be corrected by adding or removing concrete while the walk pour is still plastic.
(6) 
Jointing. Expansion joints 1/2 inch thick and four feet wide shall be placed at forty foot maximum intervals. At all places where a walk intersects another walk or curb line, a 1/2 inch expansion joint shall be placed.
(7) 
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 1/4 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.
(8) 
Width and thickness. All residential sidewalks shall be four or five feet in width as determined by the Village Board in view of existing sidewalks in the area, 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. Where new residential sidewalks are constructed along an entire block in any residential district, such sidewalks shall be four feet in width. One-half inch reinforcement rod shall be used when replacing or repairing sidewalks over alley entrances.
(9) 
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.
(10) 
Curing and drying. As soon as any of the concrete work hereinbefore mentioned has been finished and hardened sufficiently to prevent excessive marring of the surface, it shall be cured and protected against rapid drying. Failure to comply with this requirement shall be deemed sufficient cause for suspension of the work. Curing shall be accomplished by the "impervious coating," "wet fabric" or "paper" methods. Walks shall be kept free from all traffic at normal temperatures for 48 hours and in cold weather [below 50° F.] for 96 hours.
(11) 
Higher standards. Where deemed necessary by the Village, higher sidewalk standards may be required by the Village Engineer.
(e) 
Repair or replacement of defective sidewalks.
(1) 
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, Wis. Stats., the Village Board shall repair or construct such sidewalk and the Village 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 shall direct the property owner to make repairs within 48 hours. 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 Clerk-Treasurer shall enter the total cost thereof on the tax roll as a special tax against said parcel.
(2) 
The existence of any one or more of the hereinafter enumerated characteristics shall determine a sidewalk defective or insufficient:
a. 
One inch or more vertical differential between adjacent sharp-edged individual sidewalk blocks.
b. 
One and one-half inch or more vertical differential between adjacent rounded individual sidewalk blocks.
c. 
Three-quarter inch or more horizontal distance between adjacent individual sidewalk blocks.
d. 
Deterioration of the surface to a vertical depth of 1/2 inch or more within each individual sidewalk block.
(3) 
If 80% of a property owner's sidewalk blocks are determined to be defective or insufficient per this Subsection, the entire sidewalk shall be replaced.
(f) 
Illegal sidewalks. No sidewalk which shall be constructed contrary to the provisions of this section shall be considered a legal sidewalk and the same 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 Monticello without, first, obtaining a permit from the Village Board or its designee.
(b) 
Application for permit. The application for a permit shall be in writing and signed by the applicant or his agent. The applicant shall submit to the 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 applicant proposes to use in doing the work. The 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.
(d) 
Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 6-2-4(g) 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 Clerk-Treasurer and payment of a $10 renewal permit fee. Permit renewals shall be issued at the discretion of the Village.
(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 § 6-2-4. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to the condition prior to damage.
(2) 
The fee for a street opening permit shall be $10 plus actual Village expenses. Permit fees shall be paid to the Village Clerk-Treasurer who shall issue a receipt therefor.
(g) 
Insurance required. A permit shall be issued only upon condition that the applicant submit to the Village Clerk-Treasurer satisfactory written evidence that applicant has in force and will maintain during the time the permit is in effect public liability insurance of not less than $1,000,000 per one person, $1,000,000 for one accident and property damage coverage of not less than $1,000,000. The policy shall name the Village of Monticello as the third party insured.
(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 will indemnify and save harmless the Village of Monticello and its officers from all liability for accidents and damage caused by any of the work covered by his permit, and that he will fill up and place in good and safe condition all excavations and openings made in the street, and will replace and restore the pavement over any opening he may make as near as can be to the state and condition in which he found it, and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the Village Board for a period of one year, and that he will pay all fines of forfeitures imposed upon him 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.
(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, he shall give written notice thereof to the contractor or to his 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 specifies, repair the defect or indemnify the Village for the cost of doing the work as set forth in the notice.
(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 15th and April 1st except where it is determined by the Village Board 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, and in accordance with Section VI of the Manual of Uniform Traffic Control Devices. Sufficient warning lights shall be kept on from sunrise to sunset. No open flame warning devices shall be used. Except by special permission from the Village Board, no trench shall be excavated more than 250 feet in advance of pipe or conduit laying nor left unfilled more than 500 feet from where pipe or conduit has been laid.
(2) 
All necessary precautions shall be taken to guard the public effectively from accidents or damage to persons or property through the period of the work. Each person making such opening shall be held liable for all damages, including costs incurred by the 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 employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.
(3) 
Unless otherwise approved, a minimum of one lane of traffic in each direction shall be provided. Every effort shall be made on the part of the permittee to provide reasonable access to all properties adjacent to his project. In the event traffic is limited to less than one lane in each direction, a flagman or temporary traffic control signal shall be provided so as to safely cycle traffic in each direction past the work area.
(4) 
The 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 Police Department 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 § 6-2-4(b).
(5) 
When the operations will result in the loss of any utility service to private properties, 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 § 6-2-4(g).
(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 work and in accordance with all applicable codes and regulations.
(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 or 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 Board, 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 curb line 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 Board or its designee 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 water courses 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 Board or its designee, 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 Board or its designee, 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 permittees 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 D 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 Board or its designee 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 Board or its designee 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 3/4 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 3/4 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 1-1/2 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 the Village Board.
(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 1st, 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 agents and employees make take immediate proper emergency measures to remedy dangerous conditions for the protection of property, life, health or safety without obtaining an excavation permit, provide that such person, firm or corporation shall apply for an excavation permit not later than the next business day and shall notify the Police Department immediately.
(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 Board 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, 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 is the owner or occupant, except as provided in Subsections (b) and (c).
(b) 
Exceptions. The prohibition of Subsection (a) shall not apply to the following:
(1) 
Temporary encroachments or obstructions authorized by permit under § 6-2-6 of this section 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 §§ 6-2-3 and 6-2-4 of this Code.
(c) 
Issuance of permit.
(1) 
The Village Clerk-Treasurer is authorized to issue a permit which allows property owners to place certain fixtures on sidewalks which immediately adjoin their property. In determining if a permit shall be authorized, all of the following requirements must be met:
a. 
The property must be located in an area zoned for commercial uses.
b. 
The fixture(s) shall not be physically attached to the sidewalk, any street fixture or any adjacent building, and shall be of a temporary design.
c. 
The placement of the fixture shall not impede the flow of pedestrian traffic on the sidewalk. In no event shall the fixture reduce the unobstructed sidewalk width to less than five feet at any point.
d. 
The property owner shall provide the Village with proof of liability insurance coverage. The insurance coverage shall be an amount of not less than $500,000 per occurrence and the policy shall specifically state that it includes coverage for the fixtures located on the Village sidewalks. In addition, the Village shall be identified as a third-party insured.
e. 
The fixture(s) shall not be for sale nor shall the fixture(s) be used for the sale of merchandise. Specifically excluded are all forms of vending machines, vendors carts or tables, etc., provided a minimum three foot unobstructed pedestrian walkway is maintained.
f. 
The property owner whose property adjoins the Village sidewalk shall file the permit application or authorize the occupant of the subject property to file the permit application.
g. 
The property owner or the occupant of the subject property shall display the approved permit in the window of the building so that it can be seen from the sidewalk.
(2) 
Upon reviewing the permit application and if it is determined by the Village Clerk-Treasurer that all of the above requirements have been met, the permit shall be issued. Said permit may be revoked by the Village President, Village Clerk-Treasurer, Building Inspector or any Village law enforcement officer ("Village enforcement officials") at any time when one or more of the above requirements are not complied with or if it is determined that the placement of the fixture(s) endangers the safety of the pedestrians who utilize the sidewalks.
(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 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.
(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 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.
(f) 
Failure to remove obstruction.
(1) 
If the owner or occupant fails to remove the obstruction within the time period established in Section (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 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 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 Clerk-Treasurer for the purpose of moving any building or structure or 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 Village Clerk-Treasurer shall request advisory recommendations from the Chief of Police and Building Inspector prior to issuance of the permit. Village officials may attach conditions to the permit, including proof of liability insurance.
(b) 
Bond.
(1) 
No street privilege permit shall be issued until the applicant shall execute and file with the Village Clerk-Treasurer a bond in an amount determined by the Superintendent of Streets not exceeding $5,000, 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 or moving operations.
(2) 
The applicant shall also comply with the insurance requirements of § 6-2-3(g).
(c) 
Fee. The fee for a street privilege permit shall be in the sum of $10, plus any actual Village costs.
(d) 
Conditions of occupancy. The permission to occupy or obstruct the streets, alleys, sidewalks of public grounds is intended only for use in connection with the actual erection, alteration, repair, removal or moving of buildings or structures and shall be given upon the following terms and conditions and subject to revocation without notice by the Chief of Police or Building Inspector for violation thereof:
(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) 
The process of moving any building or structure shall be as continuous as practicable until completed and, if ordered by the Chief of Police and Superintendent of Streets, shall continue during all hours of the day and night.
(5) 
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.
(6) 
Buildings shall be moved only in accordance with the route prescribed by the Superintendent of Streets and Chief of Police.
(7) 
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.
(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 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 Chief of Police or Building Inspector to do so, it shall be the duty of the Chief of Police or Building Inspector to remove such obstruction and make return of the costs and expenses thereof to the Village Clerk-Treasurer who shall enter such cost on the next annual tax roll as a special charge against the property abutting obstructed sidewalk, and such sum shall be levied and collected as other special taxes against real estate.
[Amended by Ord. No. 2014-0402C]
(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 accumulation 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 24 hours 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.
(b) 
Notice and removal of snow from sidewalks. If the owner, occupant or person in charge of any parcel or lot which fronts upon or adjoins any sidewalk shall fail to keep said sidewalk clear of snow and ice as set forth in Subsection (a), the Superintendent of Streets or Village law enforcement officers shall take the following action:
(1) 
Non-hazardous conditions. If the owner, occupant or person in charge of the subject parcel or lot fails to remove the snow within the time period established in Subsection (a), the Village Board's designee or a law enforcement officer shall cause the issuance of a written notice to said owner, occupant or person in charge of the subject parcel or lot directing the responsible person (as defined) to remove said snow and ice no later than 12:00 Noon of the day following the issuance of said notice. The written notice shall be hand delivered when possible or mailed to the last-known address of the owner of the subject property as identified on the records in the Village Clerk-Treasurer's office.
(2) 
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 curb line. In such instances, the owners, occupants and/or employees of parcels or lots shall be permitted to deposit snow and ice on their sidewalks onto the public streets.
(c) 
Enforcement. The Village Board's designees and all sworn law enforcement officers 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 ending notice issued under this section.
(e) 
Abatement after notice. Failure of the owner, occupant or person in charge of any parcel or lot to cause the removal of snow and/or ice within the time established under Subsection (b)(1) and (2) after receiving a written notice shall result in the Village Board's designee causing the removal of said snow and/or ice.
(f) 
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 Clerk-Treasurer shall enter those charges onto the tax roll as a special charge as provided by § 66.0907, Wis. Stats.
(g) 
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 § 1-1-7 of this Code of Ordinances.
(a) 
Definition. The definition of "terrace" shall be as defined in § 6-4-2(e).
(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 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.
(d) 
Trees and shrubs. Trees and shrubs, other than those planted by the Village, are prohibited in terrace areas.
(e) 
Mailboxes. The Village is not responsible or liable for damage to mailboxes.
(f) 
Vehicle parking. Vehicle parking is prohibited on terraces.
All vaults and cisterns under sidewalks shall be prohibited.
No downspouts from any building shall terminate on or upon, or in such position that the contents of such spout be cast upon or flow back or over any public sidewalk in the Village. When the eaves of a building extend over or are so constructed that water may fall therefrom or run back upon any public sidewalk, such eaves shall be so protected by proper spouts or otherwise that no water shall fall or drain therefrom or run back upon or over any public sidewalk. The owner or owners of any building and the officers of any association or corporation owning any building on which any spouts or the eaves thereof shall be maintained contrary to this section shall be subject to a penalty as provided in § 1-1-7 of this Code of Ordinances.
(a) 
Street sales prohibited except by permit. No person shall display, sell or offer to sell on any street sidewalk, alley or other public place within the Village any goods, wares, foodstuffs or anything of value or service of any kind by putting up a booth or stopping a vehicle or person on foot or in any other manner attempting to publicly sell or offer for sale any such articles, unless such person shall have first applied for and obtained a special event vending permit from the Village Clerk-Treasurer. Such permit shall enable holders to conduct their business in all enumerated areas subject to the limitations of this section. A special event vending permit shall be obtained where the vending is done by a participant in a special event and where such vending is an integral part of the event. However, where the vending is to occur in connection with a Village or area-wide promotion of community trade or festival sponsored or coordinated by an organization, the sponsoring organization shall obtain the special event vending permit as agent or its participating members.
(b) 
Procedure.
(1) 
Application for a special event vending permit shall be filed with the Village Clerk-Treasurer and shall contain such information as the Village Clerk-Treasurer may require. Licenses shall be signed by the Village Clerk-Treasurer and shall be conspicuously displayed at the place where such sales are being made. The permit shall set forth the exact location where such business shall be carried on and shall be valid only during the dates and at the locations specified. Where a sponsoring organization is the applicant, the applicant shall provide the Village Clerk-Treasurer with a complete list of sponsors and participants at the time of making application.
(2) 
Upon receipt of an application for a permit, the Village Clerk-Treasurer shall review the information given on the application for conformity with the provisions of this section. If all the applicable requirements are clearly and unambiguously met, in the Village Clerk-Treasurer's opinion, he shall approve the permit or approve it conditionally. If the applicable requirements are not clearly and unambiguously met in the Village Clerk-Treasurer's opinion, he shall state the matters in doubt in writing to the applicant within three days of the time of making application.
(3) 
The Village Board shall review appeals of the denial of the application by the Village Clerk-Treasurer and may either deny the permit, approve the permit or approve the permit conditionally. Appeals requests shall be filed with the Village Clerk-Treasurer within seven days of the Clerk-Treasurer's decision.
(c) 
Conditions of license. In addition to any other conditions imposed by the Village Board, all permittees shall fully comply with the following requirements:
(1) 
Liability insurance. To hold a valid permit, the vendor must have in force adequate liability insurance. Adequate liability insurance is liability insurance holding the Village and its employees and agents harmless and to indemnify and defend the Village, its employees and agents against all claims, liability, loss, damage or expense incurred by the Village with adequate liability policy limits on account of any damage caused by or resulting from the activities for which the permit is granted. As evidence of the applicant's ability to perform this condition of the permit, the applicant shall furnish a Certificate of Insurance evidencing the existence of comprehensive general liability insurance (including contractual liability insurance with the Village being named as an additional insured). Adequate liability limits means minimum limits of $100,000 per occurrence for bodily injury and minimum limits of $50,000 per occurrence for property damage. The Certificate of Insurance shall provide 30 days' written notice to the Village upon cancellation, or non-renewal or material change in the policy. Proof of insurance shall be submitted to the Village Clerk-Treasurer a minimum of seven days before the start of the event.
(2) 
Cooperation with law enforcement officials. To protect the public health and safety, the permittee shall coordinate with the Chief of Police the location of all events under the permit. Street and sidewalk encroachments, booth locations and special parking provisions shall be submitted to the Chief of Police for his review and approval a minimum of seven days before the start of the event.
(3) 
Clean-up. The permittee shall be fully responsible for all necessary clean-up associated with the licensed event.
(4) 
Compliance with other regulations. The permittee shall comply with all applicable state and county regulations governing health and sanitation for food-handling establishments, applicable, and any other applicable Village regulations, including, but not limited to, regulations pertaining to the issuance of Special Class "B" Fermented Malt Beverage Licenses.
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 1st to be considered for installation in the following year.
In the interests of public safety, health and general welfare, community appearance and efficiency of operation, it shall be unlawful to rake or place fallen tree leaves or grass clippings onto the pavement or into the gutter of any public street. No person shall permit grass clippings from mower swaths to remain upon sidewalks or on abutting property owned or occupied by him.
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.
(a) 
Uniform numbering system.
(1) 
Establishment of uniform numbering system. There is hereby established a uniform system of numbering houses and buildings fronting on all streets, avenues and public ways in the Village of Monticello, and all houses and buildings shall be numbered in accordance with the provisions of this section.
(2) 
Base lines. Lake Avenue shall constitute the base line for numbering along all streets running north and south, and Main Street shall constitute the base line for numbering all streets running east and west.
(3) 
Block numbering. The numbering for each street shall begin at the base line. The numbers in the first block shall be from 100 to 199, the second block 200 to 299, the third block 300 to 399, 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 as to intersect each other, and one number shall be assigned to each 15 or 20 feet of frontage, whichever is more applicable. In blocks or equivalent space longer than 1,250 feet which is not intersected by a street, the total length of space divided by 80 shall be used to determine the feet of frontage to be assigned each number.
(4) 
Street numbering. All lots and houses on the south and west side of all streets shall be numbered with odd numbers, and all lots and houses on the north and east side of all streets shall be numbered with even numbers, each commencing with the hundred assigned to that block and shall increase from the base line, one number for each 15 or 20 feet of frontage or fraction thereof, except as provided in Subsection (a)(4). Where any building has more than one door serving separate occupants, a separate number shall be assigned to each door serving a separate occupant, provided the building is 25 feet or more in width. If the building is not 25 feet or more in width and the entrances are not that far apart, the next consecutive number shall be marked fractional. Buildings fronting on two or more streets shall have a number fronting on the main entrance, unless other entrances serve other occupants.
(5) 
Numbering on streets not extending to base line. All streets not extending through to the base line shall be assigned the same relative numbers as if the said street had extended to the said base line.
(b) 
Buildings to have street numbers. Each principal building in the Village shall be assigned an official street number. All lots and parts of lots the Village shall be numbered in accordance with a street numbering map on file in the office of the Village Clerk-Treasurer. Plats shall be numbered to conform as nearly as possible to the general scheme of numbering as outlined on the map. The cost of such number or numbers shall be Board for by the property owners, and said numbers and holders shall be furnished by the Village of Monticello.
(c) 
Street numbers to be displayed. The owner, occupant, or agent in change of the premises shall cause to be affixed and to be maintained when so affixed to each principal building controlled by him the official street number assigned to that building as provided in (b) 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. 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 75 feet from the street plainly. Whenever any building is situated more than 75 feet from the street line, the number of such building shall be conspicuously displayed on an appropriate post out to the sidewalk or roadway so as to be easily discernible. 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.
(d) 
Use of suffix numbering. 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 of such house or building fronting on any street may use the suffix "A," "B," "C," etc., as may be required.
(e) 
Map showing numbers. For the purpose of facilitating correct numbering, a copy of the map which accompanies this chapter showing the proper number of all lots or houses fronting upon all streets, avenues or highways shall be kept on file in the office of the Clerk-Treasurer. This map shall be open to inspection by all persons during office hours of the Clerk-Treasurer.
(f) 
Numbering of new buildings. Whenever any house, building or structure shall hereafter erected or located in the Village of Monticello, it shall be the duty of the owner to procure the 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-Treasurer the official number of the premises.
(g) 
Non-compliance. 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 a notice requiring him to properly number the same, and if he neglects to do so for 10 days after service, he shall be subject to a forfeiture as provided in § 1-1-6.
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 replaced 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) 
Special assessments and charges. The Village may, at any time, construct or have constructed curb and gutter in the Village. As a complete alternative to any other methods provide by law, the Village may collect for said curb and gutter in the manner and by the procedure provided by § 66.0703 and/or 66.0725, Wis. Stats.
(b) 
Alternative methods.
(1) 
Petition. An taxpayer and property owner in the Village may petition the Village for the installation of curb and gutter abutting property owned by said petitioner in said Village.
a. 
Requirements of petition. The petition for the installation of curb and gutter shall state that the petitioner(s) request curb and gutter abutting property owned by said petitioner, describing said property, stating what type is requested, and further said petition shall state that each petitioner individually shall be responsible and liable for, and thereby obligates himself to pay the total costs of installation of said curb and gutter to include surveying and other contingent expenses.
b. 
Effect of petition. In the event a petition for the installation of curb and gutter is presented to the Village Board, the Board shall have the exclusive discretion to accept or reject the same. The Board may refer said petition, may table it, but in any event they shall act upon the same in some manner within six months of receipt of said petition.
(2) 
Resolution of intent. In the event the Village should desire to construct curb and gutter in any area of the Village, the Village Board may adopt a resolution of intent to install said curb and gutter and assess the costs thereof to the abutting property owners as provided in § 66.0703, Wis. Stats.
(c) 
Types of curb and gutter. All curbs and gutters shall conform to the construction standards adopted by the Village Board, on file with the Village Clerk-Treasurer.
(d) 
Liability for repair thereof. Whenever curb and gutter is installed, all property owners receiving the benefits thereof shall be responsible and liable for all replacements, repairs, damage and maintenance and during any period of construction on the property against which it abuts. Any expense for additional width of road made necessary by blacktop curb and gutter shall be the responsibility of and shall be paid for by the abutting property owner.
(e) 
Entered on tax rolls. Any and all costs of replacement, repair and maintenance of curb and gutter incurred within two years after installation thereof or damage thereto during construction as provided in Subsection (d) above, shall be charged to the lot or parcel of land affected thereby pursuant to § 66.0703, Wis. Stats.