[Adopted as § 6-2-5 of the 2012 compilation of ordinances, as amended through 5-22-2013]
No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, curb, ditch, drainage, right-of-way, easement, 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/she is the owner or occupant, except as provided in §§ 460-22 and 460-23.
The prohibition of § 460-21 shall not apply to the following:
A. 
Temporary encroachments or obstructions authorized by permit under Article VI of this chapter pursuant to § 66.0425, Wis. Stats.
B. 
Building materials for the period authorized by the Director of Public Works 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.
C. 
Excavations and openings permitted under §§ 460-13 and 460-14 of this chapter.
D. 
Signs or clocks attached to buildings which project outward from properties not more than six feet from the face of any such building, unless otherwise approved and which do not extend below any point 10 feet above the sidewalk, street or alley, unless otherwise approved by the Village Board.
E. 
Awnings which do not extend below any point seven feet above the sidewalk, street or alley.
F. 
Public utility encroachments authorized by state law or the Village Board.
G. 
Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than three feet on to the sidewalk, provided that such goods, wares, etc. do not remain thereon for a period of more than four hours.
Property owners may place certain fixtures on sidewalks immediately adjoin their property if the following requirements are met:
A. 
The property must be located in an area used for commercial uses.
B. 
The fixture(s) shall not be physically attached to any sidewalk, street fixture or adjacent building, and shall be of a temporary design.
C. 
The placement of the fixture shall not significantly impede the flow of pedestrian traffic on the sidewalk. In no event shall the fixture reduce the unobstructed sidewalk width to less than four feet at any point.
In addition to any other penalty imposed, if the Director of Public Works determines that a sidewalk is unlawfully obstructed in violation of this article; he/she shall issue a written notice to the owner or occupant of the premises adjoining the obstructed sidewalk and direct the obstruction be removed within 24 hours.
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/she 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.
A. 
If the owner or occupant fails to remove the obstruction within the time period established in § 460-24 or 460-25, respectively, any Village enforcement official shall cause the removal of the obstruction, keeping an account of the expense of the abatement, and said 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 Clerk-Treasurer shall enter those charges onto the tax roll as a special tax as provided by the state statutes.
B. 
The failure of the 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 article.