[HISTORY: Adopted by the Village Board of the Village of
Grafton as Title 11, Ch. 11.24, of the 1979 Code. Amendments noted
where applicable.]
Privileges for an obstruction or excavation beyond the street
line, other than those regulated by this chapter or other ordinances,
may be granted by the Village Board pursuant to § 66.0425,
Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1.01, Code
Adoption)]
Any person, firm, association or corporation desiring such special
privilege shall file with the Village Clerk a petition in writing
on a form furnished for such purpose by the Clerk, and shall pay to
the Director of Administrative Services of the Village a fixed charge
of $50 for the purpose of deferring the cost of printing and other
expenses which the Village may incur in the consideration of such
a resolution for a special privilege.
A special privilege shall be granted only on condition that
by acceptance of such special privilege the grantee shall:
A.
Become primarily liable for damages to persons or property by reason
of the granting of such special privilege;
B.
File with the Village Clerk a bond with a surety company duly incorporated
in the state, or duly licensed to do business in this state, in such
sum as the Village Board may require but not exceeding $10,000, such
bond to be approved by the Village Attorney. Individual surety shall
not be deemed in compliance with this section. The applicant shall
also file with the Village Clerk a certificate of insurance indicating
that applicant holds a public liability policy in the sum of at least
$25,000, covering bodily injury to any one person; and $50,000, covering
bodily injury to more than one person in any one accident; and $10,000,
covering property damage to any one owner on the area or areas included
within the special privilege, and naming the Village as an insured.
Both bond and insurance policy shall provide that they shall not be
concealed until at least 30 days' notice in writing is given to the
Village Clerk;
C.
Pay to the Village Clerk the annual fee fixed by the Village President;
D.
Remove such special privilege whenever public necessity so requires
and when so ordered by resolution adopted by the Village Board, and
such grantee shall not be entitled to damages for such removal;
E.
Waive the right to contest in any manner the validity of § 66.0425,
Wis. Stats, or the amount of the annual fixed fee as determined by
the Village President.
The Village Board shall refer to the Director of Public Works
and the Building Inspector all petitions for special privilege for
their consideration and recommendation.
In the filing of an application for a curb space area privilege,
there shall be paid into the Village treasury the sum of $2 for each
foot or fraction thereof per year. If the Village Board finds that
such loading and unloading zone should be established, it shall direct
the Village Clerk to issue a permit therefor. Permits so issued shall
be renewed or reissued on or before the expiration thereof, or within
five days thereafter, upon the holder of such permit making application
for and on payment of the annual permit fee.
