[Adopted as Sec. 6-2-6 of the 1995 Code]
[Amended 11-17-2022 by Ord. No. 2022-6]
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 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 may request
advisory recommendations from the Village Marshal, Director of Public
Works and Building Inspector prior to issuance of the permit. Village
officials may attach conditions to the permit, including proof of
liability insurance.
[Amended 11-17-2022 by Ord. No. 2022-6]
No street privilege permit shall be issued until the applicant
shall execute and file with the Village Clerk a bond in an amount
determined by the Director of Public Works not exceeding $50,000,
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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The fee for a street privilege permit shall be in accordance
with the Village's current Schedule of Fees,[1] plus any actual Village costs.
[1]
Editor's Note: The Schedule of Fees is on file in the Village
office.
The permission to occupy or obstruct the streets, alleys, sidewalks
or public grounds is intended only for use in connection with the
actual erection, alteration, repair, 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 Director of Public
Works, Village Marshal or Building Inspector for violation thereof:
A.
Such temporary obstruction shall cover not more than 1/3 of any street
or alley.
B.
Obstructions shall be sufficiently lighted at night so as to be in
full view of the public from all directions.
C.
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.
D.
The process of moving any building or structure shall be as continuous
as practicable until completed and, if ordered by the Village Marshal
and Director of Public Works, shall continue during all hours of the
day and night.
E.
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.
F.
Buildings shall be moved only in accordance with the route prescribed
by the Director of Public Works and Village Marshal.
G.
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.
[Amended 11-17-2022 by Ord. No. 2022-6]
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.
[Amended 2-21-2019 by Ord. No. 2019-01; 11-17-2022 by Ord. No. 2022-6]
In addition to any other penalty imposed, if the owner or occupant
of the premises adjoining any lawfully obstructed sidewalk shall fail
or neglect to remove such obstruction within 24 hours after such notice
from the Director of Public Works, Village Marshal or Building Inspector
to do so, it shall be the duty of the Director of Public Works, Village
Marshal or Building Inspector to remove such obstruction and make
return of the costs and expenses thereof to the Village Treasurer,
who shall enter such cost on the next annual tax roll as a special
charge against the property abutting such obstructed sidewalk, and
such sum shall be levied and collected as are other special taxes
against real estate.
