[Adopted 3-31-1992 as Title 6, Ch. 2 of the
1992 Code]
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 or its designee,
the Village Board or its designee 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 § 66.0627, Wis. Stats., or such cost may be
recovered in an action against the owner or occupant.
A.Â
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.
B.Â
Apportionment of costs. Where required by the Village Board, 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 Orfordville and for the owner to pay the entire cost of repair or reconstruction. Sidewalks in new subdivisions shall be installed pursuant to Chapter 281, Subdivision of Land, of this Code. 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 Orfordville, it shall proceed according to § 66.0907, Wis. Stats.
C.Â
Permit required. No person shall hereafter lay, remove,
replace or repair any public sidewalk within the Village of Orfordville
unless he is under contract with the Village to do such work or has
obtained a permit therefor from the Village Clerk-Treasurer at least
three days before work is proposed to be undertaken. No fee shall
be charged for such permits.
D.Â
Standard specifications for sidewalk.
(1)Â
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)Â
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)Â
Subgrade. Subgrade shall be three inches of sand fill,
thoroughly and uniformly compacted and brought to correct grade before
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.
(4)Â
Concrete. The minimum quantity of cement per cubic
yard shall be six ninety-four-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.
(5)Â
Jointing. Expansion joints 1/2 inch thick and four
feet wide shall be placed at fifty-foot maximum intervals. At all
places where a walk intersects another walk or curbline, a one-half-inch
expansion joint shall be placed.
(6)Â
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 one-fourth-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.
(7)Â
Width and thickness. Residential walks shall be five
feet in width and not less than four inches thick 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. One-half-inch reinforcement rod shall be used when
replacing or repairing sidewalks over alley entrances.
(8)Â
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 50º F.) for 96 hours.
No concrete shall be poured when the temperature may be expected to
fall below 35º F. in any seventy-two-hour period or upon frozen
subgrade.
(9)Â
Curing. Concrete shall be kept moist by sprinkling,
covering or a combination of both for a minimum of five days.
(10)Â
Higher standards. Where deemed necessary by the Village,
higher sidewalk standards may be required by the Village Board.
E.Â
Repair or replacement of defective sidewalks. 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(3)(c),
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 or its designee shall
direct the property owner to make repairs within seven days. 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.
F.Â
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.Â
Permit required. No person, partnership or corporation,
or his or its 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 Orfordville without a permit therefor
from the Village Board, or its designee, or Village Clerk-Treasurer.
B.Â
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 Village Board or its designee, 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 the applicant proposes to use in doing the
work. The Village Board or its designee shall determine if sufficient
information is submitted.
C.Â
Exception. The provisions of this section shall not
apply to Village excavation work done under the direction of the Village
Board or its designee.
D.Â
Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 277-4G for pavement replacement.
E.Â
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 Village Board or its designee and payment
of a renewal permit fee as set by the Village Board. Permit renewals
shall be issued at the discretion of the Village Board or its designee.
F.Â
Village standards; fees.
(1)Â
Village standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this section and § 277-4. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to the condition prior to damage.
(2)Â
Fee. The fee for a street opening permit shall be
as set by the Village Board plus actual Village expenses. Permit fees
shall be paid to the Village Clerk-Treasurer, who shall issue his
receipt therefor.
G.Â
Insurance required. In the case of third-party contractors,
a permit shall be issued only upon the 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 $500,000
per one person and $500,000 for one accident and property damage coverage
of not less than $500,000.
H.Â
Bond.
(1)Â
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 Orfordville 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 or forfeitures
imposed upon him for any violation of any rule, regulation or ordinance
governing street openings or drainlaying 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)Â
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)Â
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)Â
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 specified, repair the defect or
indemnify the Village for the cost of doing the work as set forth
in the notice.
(5)Â
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.Â
Frozen ground. No openings in the streets, alleys,
sidewalks or public ways shall be permitted between November 15 and
April 1 except where it is determined by the Village Board or its
designee to be an emergency excavation.
B.Â
Protection of public.
(1)Â
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 or its designee 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 or its designee, no trench shall be excavated
more than 250 feet in advance of pipe or conduit laying or left unfilled
more than 500 feet from where pipe or conduit has been laid.
(2)Â
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)Â
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)Â
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 Subsection H.
(5)Â
When the operations will result in the loss of any utility service to private properties, the 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 Subsection H.
C.Â
Pavement removal.
(1)Â
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)Â
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 for 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 or its designee shall, on the
basis of an on-site inspection, approximate the boundaries of the
pavement replacement area.
(3)Â
Pavement replacement areas with the long dimension
in the direction of travel shall have the long dimension parallel
with the curbline or the direction of travel. Pavement replacement
areas in concrete pavements shall be parallel to or at right angles
to the direction of travel.
(4)Â
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 ensure a full depth of concrete at the joint.
D.Â
Excavation.
(1)Â
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 watercourses shall not be obstructed.
(2)Â
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.Â
Backfilling.
(1)Â
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 the opinion of the Village Board or its
designee, is unsuitable.
(2)Â
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)Â
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 permittee's responsibility
to have the various utilities locate and mark their facilities prior
to excavation.
(4)Â
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 1557).
Compaction or consolidation by flooding shall not be permitted.
(5)Â
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)Â
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.Â
Notice. It shall be the duty of the permittee to notify
the Village Clerk-Treasurer or Director of Public Works 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 Clerk-Treasurer or Director of Public Works shall also
be notified at least four hours prior to backfilling and/or restoring
the surface.
G.Â
Pavement replacement.
(1)Â
Backfill material shall be left below the original
surface to allow for four inches of three-inch crushed stone and four
inches of three-quarter-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
three-quarter-inch crushed stone.
(2)Â
Bituminous pavement shall be placed the full depth
of the existing pavement or 2Â 1/2 inches, whichever is greater.
Bituminous pavement shall be placed in a maximum of a one-and-one-half-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)Â
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 Village officials.
(4)Â
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 1, except as provided above. Permanent
pavements shall be replaced within 60 days of the date of the permit.
H.Â
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 or its 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, provided 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.Â
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 Clerk-Treasurer
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 or its designee, 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.Â
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.Â
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1)Â
Temporary encroachments or obstructions authorized by permit under § 277-6 of this article pursuant to § 66.0425, Wis. Stats.
(2)Â
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.
C.Â
Standards. Property owners may place certain fixtures
on sidewalks which immediately adjoin their property if the following
requirements are met:
(1)Â
The property must be located in an area used for commercial
uses.
(2)Â
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.
(3)Â
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
three feet at any point.
D.Â
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.Â
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.Â
Failure to remove obstruction.
(1)Â
If the owner or occupant fails to remove the obstruction within the time period established in Subsection 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)Â
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.Â
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 that such applicant
has complied with the other requirements of this section and has obtained
a building permit if required by this Code. 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.Â
Bond. 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 Village President 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. Upon request, the Village
Board may waive this requirement.
C.Â
Fee. The fee for a street privilege permit shall be
in the sum as set by the Village Board, plus any actual Village costs.
D.Â
Conditions of occupancy. 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 Village Board, Chief of Police or Building Inspector
for violation thereof:
(1)Â
Such temporary obstruction shall cover not more than
1/3 of any street or alley.
(2)Â
Obstructions shall be sufficiently lighted at night
so as to be in full view of the public from all directions.
(3)Â
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)Â
The process of moving any building or structure shall
be as continuous as practicable until completed and, if ordered by
the Chief of Police, shall continue during all hours of the day and
night.
(5)Â
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)Â
Buildings shall be moved only in accordance with the
route prescribed by the Chief of Police.
(7)Â
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.Â
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.Â
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 such obstructed sidewalk, and such sum shall
be levied and collected as other special taxes against real estate.
A.Â
Responsibility for snow and ice removal. The owner,
occupant, or person in charge of each building, structure, or lot
in the Village shall remove snow and ice from all sidewalks, including
handicap ramps adjacent to such building, structure, or lot; as well
as from any fire hydrant upon or directly adjacent to the property
to a point no higher than four inches below the lowest outlet hydrant
cap and a path thereto from the street. No accumulation of snow or
ice may be permitted to remain for longer than 24 hours from the time
the snow ceases to accumulate, except in areas zoned C-1 Commercial
in which snow and ice shall be removed by 9:00 a.m. Monday through
Saturday and by 12:00 noon on Sunday, regardless of whether snowfall
has ceased. Sidewalks are to be kept clear of snow and ice to a minimum
of four feet in width. If ice has formed on any sidewalk in such a
manner that it cannot be removed, the owner, occupant, or person in
charge of the building, structure, 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."
[Amended 3-2-2022]
B.Â
Notice and removal of snow and ice. If the owner, occupant, or person in charge of each building, structure, or lot in the Village fails to remove snow and ice as set forth in Subsection A, Village law enforcement officers and other designated Village officials and employees shall take the following action:
[Amended 3-2-2022]
(1)Â
Hazardous conditions. If a Village law enforcement officer or other designated Village official and employees determine that failure to remove the snow and ice as set forth in Subsection A creates an immediate danger to the public health and/or safety, they shall cause the issuance of a written notice to the owner, occupant, or person in charge of each building structure, or lot in the Village, directing that the snow and ice be removed within two hours from the delivery of the notice. In the event the property owner, occupant, or person in charge of said building, structure, or lot in the Village is unavailable to receive a written notice, the police officer and other designated Village officials and employees shall immediately cause the removal of the snow and/or ice. The police officer and other designated Village officials and employees shall send a written notice to the last-known address of the property owner providing notification that a hazardous condition existed which required immediate abatement.
(2)Â
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 curbline. In such instances, the owners,
occupants and/or employees of parcels or lots shall be permitted to
deposit snow and ice from their sidewalks onto the public streets.
C.Â
Enforcement. All sworn police officers and other designated
Village officials and employees are hereby authorized and directed
to enforce the provisions of this section.
D.Â
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
pending notice issued under this section.
F.Â
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 tax as provided by § 66.0907(5), Wis.
Stats.
B.Â
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, flagpoles
and other objects shall not be placed in the terrace area.
C.Â
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.
All vaults and cisterns under sidewalks shall
be prohibited.
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 1 to be considered for installation in the
following year.
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,
or alley or upon any public property or upon any property of another,
without the express permission of the owner of occupant thereof.
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 placed 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.
All curb and gutter within the Village of Orfordville
shall be laid, repaired, or replaced by the Village pursuant to either
of the following two methods:
A.Â
Petition from abutting property owners. In case of
a petition to the Village to build, replace, or repair any curb and
gutter signed by the abutting property owners, such petition shall,
whether specifically stated in the petition or not, authorize said
Village to build said curb and gutter abutting the property owned
by said petitioners in such manner as the Village Board shall direct.
The work shall be done either directly by the Village or by a private
contractor hired by the Village with or without bids, and the cost
thereof shall be charged to the abutting lots or parcels of lands
in such portions as the Village Board may determine, and the same
shall be entered on the tax roll as a special tax against such lots
of parcels, and the same shall be collected in all respects like other
taxes on real estate.
B.Â
Village Board determination without petition from
abutting property owners. Whenever the Village Board shall, by resolution,
determine that a curb and gutter be laid, rebuilt, or repaired on
any public street within the Village, it shall proceed according to
§§ 66.0701 and 66.0703, Wis. Stats.
A.Â
Buildings to have street numbers. Each principal building
in the Village shall be assigned an official street number by the
Village Clerk-Treasurer. All lots and parts of lots in 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.
B.Â
Street numbers to be displayed. The owner, occupant or agent in charge 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 Subsection A hereof. The physical numbers provided herein shall be not less than 2Â 1/2 inches high on a background of not less than three inches. Each required number shall be affixed on the particular building in such a location that it may be easily and readily seen by a person of ordinary eyesight on the public street or highway upon which the building abuts. 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.
C.Â
Noncompliance. 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 Chapter 1, General Provisions, § 1-5.