[HISTORY: Adopted by the Common Council of the City of Montello 5-7-1984 as Title 5, Chs. 1 and 2 and Title 7, Ch. 9 of the 1984 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Bicycles and play vehicles — See Ch. 125.
Driveways — See Ch. 161.
Sewers — See Ch. 272.
Abandoned vehicles — See Ch. 315.
Vehicles and traffic — See Ch. 323.
Water — See Ch. 330.
Subdivision of land — See Ch. 370.
A. 
Establishment of grades. The grade of all streets, alleys and sidewalks shall be established by resolution by the Common Council and the same recorded by the City Clerk-Treasurer in his office. No street, alley or sidewalk shall be worked until the grade thereof is established.
B. 
Alteration of grade prohibited. No person shall alter the grade of any street, alley, sidewalk or public ground or any part thereof in the City of Montello by any means whatsoever unless authorized or instructed to do so by the Common Council or the Director of Public Works. All such alterations of grade shall be recorded in the office of the City Clerk-Treasurer or the officer authorizing the alteration.
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 Common Council, the Council may cause the same to be done and report the cost thereof to the City Clerk-Treasurer, who shall spread the cost on the tax roll as a special tax against the premises, or such cost may be recovered in an action against the owner or occupant.
A. 
Owner to construct. 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 City of Montello and to pay the entire cost of construction thereof. Whenever the Common Council 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 City of Montello, it shall proceed according to § 66.0907, Wis. Stats.
B. 
Permit required. No person shall hereafter lay, remove, replace or repair any public sidewalk within the City of Montello unless he is under contract with the City to do such work or has obtained a permit therefor from the Public Works Committee at least seven days before work is proposed to be undertaken. No fee shall be charged for such permits.
C. 
Specifications. All sidewalks within the City of Montello hereafter shall be repaired, rebuilt and constructed in accordance with the following specifications:
(1) 
Subgrade. The subgrade shall be prepared by excavating to the line, grade and cross section as established by the Common Council. Soft and unsuitable 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. When so specified by the Public Works Committee, a subbase of sand, sand and gravel or other approved porous material shall be placed under the sidewalk. On embankments the subgrade shall extend at least one foot beyond each edge of the sidewalk.
(2) 
Material. All sidewalks shall be of air-entrained concrete composed of six bags per cubic yard of one-course construction and built to the established line and grade. Gravel shall be of good quality. Concrete shall be mixed thoroughly for a minimum of one minute after all materials have been placed in the mixer.
(3) 
Forms.
(a) 
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 surfaced plank of at least two inches in thickness, except for sharply curved sections. Metal forms shall be of approved section. The forms shall be of full depth of the required walk 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. 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.
(b) 
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.
(4) 
Width and thickness. Residential walks shall be four 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.
(5) 
Finishing. Before the last finish has set, the sidewalk shall be steel troweled and brushed in transverse direction. Before the final finishing, the surface shall be checked with a ten-foot straight edge, and any areas departing more than 1/8 inch from the testing edge shall be corrected by adding or removing concrete while the concrete in the walk is still plastic.
(6) 
Jointing. Transverse, full depth, one-half-inch thick expansion joints of premolded expansion material shall be located every 40 feet and at the property line, and where the walk intersects another walk, curbline, building or driveway approach, and at buildings, walls, poles and stop boxes. The expansion joint material shall be placed in a neat and workmanlike manner with its upper edge slightly below the finished sidewalk surface. Dummy groove joints for controlled cracking, at least 3/8 inch in thickness and 5/16 inch in depth, shall be placed at intervals of approximately four feet. All joints shall be at right angles to the direction and grade of the walk. Diagonal joints may be used only when approved by the Public Works Committee.
(7) 
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" method. For impervious coating or membrane curing, only those materials meeting requirements of ASTM C156-44T, Method of Test for Efficiency of Materials for Curing Concrete, shall be used. Said specifications are hereby adopted by reference as if fully set forth herein. 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.
A. 
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 City-owned easement within the City of Montello without a permit therefor from the Public Works Committee.
B. 
Fee. The fee for an excavation or opening permit shall be as set by the Common Council. The fee shall be paid to the City Clerk-Treasurer, who shall issue a receipt therefor.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Insurance required. A permit shall be issued only upon condition that the applicant submit to the Public Works Committee satisfactory written evidence that the applicant has in force and will maintain during the time the permit is in effect public liability insurance of not less than $100,000 per one person, $300,000 for one accident and property damage coverage of not less than $50,000.
D. 
Bond.
(1) 
Before a permit for excavating or opening any street or public way may be issued, the applicant must sign a statement in that he will indemnify and save harmless the City of Montello 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 Public Works Committee for a period of one year and that he will pay all fines imposed upon him for any violation of any rule, regulation or ordinance governing street openings or drain laying adopted by the Common Council 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 City. Such statement shall also guarantee that if the City 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) 
Said bond shall be in an amount of at least $1 per square foot of the proposed opening, with a minimum bond of $100 per opening.
A. 
Frozen ground. No openings in the streets, alleys, sidewalks or public ways shall be permitted when the ground is frozen except where it is deemed necessary by the Public Works Committee.
B. 
Removal of paving. In any opening or excavation all paving or ballasting materials shall be removed with the least possible loss of or injury to surfacing materials and together with the excavated materials from the opening shall be placed so as to cause the least practicable inconvenience to the public and permit free flow of water along gutters.
C. 
Protection of public.
(1) 
Every opening and excavation shall be enclosed with sufficient barriers. Sufficient warning lights shall be kept on from sunrise to sunset. Such lights shall be spaced so as to give adequate warning of the existence of the opening and of piled excavated materials. No open flame warning pots shall be used. Except by special permission from the Director of Public Works, no trench shall be excavated more than 250 feet in advance of pipe or conduit laying or left unfilled more than 500 feet 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 City in defending any action brought against it for damages, as well as the 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.
D. 
Replacing street surface. In opening any public street, public alley, public sidewalk, public way, public easement, or public ground, the paving materials, sand, gravel and earth or other material moved or penetrated and all surface monuments or hubs must be removed and replaced as nearly as possible in their original condition or position and the same relation to the remainder as before. Any excavated material which in the opinion of the Director of Public Works is not suitable for refilling shall be replaced with approved backfill material. All rubbish shall be immediately removed. In refilling the opening, the earth must be puddled or laid in layers not more than six inches in depth and each layer rammed, tamped or flushed to prevent after-settling. When the sides of the trench will not stand perpendicular, sheathing and braces must be used to prevent caving. No timber, bracing, lagging, sheathing or other lumber shall be left in any trench. The City may elect to have the opening for any street or sidewalk repaired by the City, in which case the cost of making such repair and of maintaining it for one year shall be charged to the person making the street opening.
E. 
Notice. It shall be the duty of the permittee to notify the Director of Public Works and all public and private individuals, firms and corporations affected by the work to be done at least 24 hours before such work is to commence. The Director of Public Works shall also be notified at least four hours prior to backfilling and/or restoring the surface.
F. 
Validity of permit. Unless the work shall be commenced within 30 days of the issuance of the permit, the permit shall be void and a new permit must be obtained and an additional fee charged. The Director of Public Works may extend the time limitation for good cause.
G. 
Backfilling. It shall be the duty of the permittee to backfill the opening immediately upon completion of the work and to place at least five inches of traffic bind or similar material in the opening unless otherwise advised by the Director of Public Works. It shall be the duty of the permittee to maintain the opening in good condition for a period of six months after the completion of the work or until the surface has been restored. The Director of Public Works shall decide when within said six-month period the opening is ready for paving if a paving surface is required. If the surface is not restored within a period of 10 days or such longer period as determined by the Director of Public Works, the City may restore the surface and bill the permittee therefor.
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 may 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.
I. 
Excavation in new streets limited. Whenever the Common Council 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 Common Council, the Director of Public Works shall notify in writing each person, utility, City department 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 Public Works Committee, an emergency exists which makes it absolutely essential that the permit be issued.
J. 
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 Director of Public Works, 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 Director of Public Works shall determine if sufficient information is submitted.
K. 
Exception. The provisions of this section shall not apply to excavation work done under the direction of the Director of Public Works by City employees or contractors performing work under contract with the City, except that the safety precautions under Subsection C hereof shall be complied with.
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 Subsection B.
B. 
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1) 
Signs or clocks attached to buildings which project no more than six feet from the face of such building and which do not extend below any point 10 feet above the sidewalk, street, or alley.
(2) 
Awnings which do not extend below any point seven feet above the sidewalk, street, or alley.
(3) 
Public utility encroachments duly authorized by state law or by the Common Council.
(4) 
Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than three feet on a sidewalk, provided that such goods, wares, etc., do not remain thereon for more than three hours.
(5) 
Temporary encroachments or obstructions authorized by permit under § 291-7 of this chapter.
(6) 
Building materials for the period authorized by the Common Council 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 flow in the gutters.
(7) 
Excavations and openings permitted under § 291-5 of this chapter.
A. 
When required. Permits for the use of the streets, alleys, sidewalks or other public ways or places of the City may be granted to applicants by the Public Works Committee 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.
B. 
Bond. No street privilege permit shall be issued until the applicant shall execute and file with the City Clerk-Treasurer a bond in an amount determined by the Public Works Committee, conditioned that the applicant will indemnify and save harmless the City of Montello 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 City resulting from such building or moving operations.
C. 
Fee. The fee for a street privilege permit shall be in the sum as set by the Common Council.
[Amended 7-6-2005]
D. 
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 Public Works Committee 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 Public Works Committee, 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 Public Works Committee.
(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 direction of the Public Works Committee.
F. 
Removal by City. In addition to any other penalty imposed, if the owner or occupant of the premises adjoining any unlawfully obstructed sidewalk shall refuse or neglect to remove such obstruction within 24 hours after such notice from the Public Works Committee to do so, it shall be the duty of the Public Works Committee to remove such obstruction and make return of the costs and expenses thereof to the City 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. 
The owners, occupant or person in charge of each and every building or structure or unoccupied lot in the City of Montello fronting or abutting any street shall clean or cause to be cleaned the sidewalk in front of or adjoining each such home, building or unoccupied lot as the case may be, of snow and ice to the width of such sidewalk within 24 hours after snow shall cease to fall, and shall cause the same to be kept clear of snow and ice, provided that when ice has formed on any sidewalk so that it cannot be immediately removed, the persons herein referred to shall keep same sprinkled with salt, sawdust or sand.
[Amended 12-28-2009]
B. 
The City of Montello shall, in November of each year, publish notification of this section in the Marquette County Tribune or other official newspaper of record for the City, for two consecutive weeks. In any case where the owner, occupant or person in charge of any building or structure or unoccupied lot shall fail to clear his or her respective sidewalks of snow and ice as set forth above, the City may cause said sidewalks to be cleared of snow and ice and report the costs thereof in writing to the City Clerk-Treasurer. These charges shall be mailed to the owner, occupant, or person in charge of the subject premises. If said charges are not paid in full within 30 days thereafter, said charges shall be entered in the tax roll as a special tax against said lot or parcel of land and the same shall be collected in all respects like other taxes upon real estate, or as provided under § 66.0907(3)(f), Wis. Stats.
[Amended 10-8-1991; 7-6-2005; 11-7-2016]
C. 
Penalty. As an alternative to a remedy provided in Subsection B above, or in addition thereto, the City may impose a penalty for any violation of any provision of this section, provided that the person who violates any of the provisions of this section shall forfeit and pay to the City of Montello not less than $25 nor more than $100, together with the costs of prosecution of each offense. A separate offense shall be deemed committed during each day (24 hours) or part thereof during which a violation occurs or continues.
A. 
Definition. The term "terrace" shall be defined in Chapter 304, Trees and Shrubs, § 304-2.
B. 
Noxious weeds; paving. All that part of the terrace not covered by 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 Common Council or its designee.
C. 
Responsibility to maintain. Every owner of land in the City 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.
A. 
Purpose. The streets in possession of the City are primarily for the use of the public in the ordinary way. However, under proper circumstances the Common Council may grant a permit for street use, subject to reasonable municipal regulation and control. Therefore, this section is enacted to regulate and control the use of streets pursuant to a street use permit to the end that the health, safety and general welfare of the public and the good order of the City can be protected and maintained.
B. 
Application. A written application for a street use permit by persons or groups desiring the same shall be made on a form provided by the City Clerk-Treasurer and shall be filed with the City Clerk-Treasurer. The application shall set forth the following information regarding the proposed street use:
(1) 
The name, address and telephone number of the applicant or applicants.
(2) 
If the proposed street use is to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization and of the authorizing responsible heads of such organization.
(3) 
The name, address and telephone number of the person or persons who will be responsible for conducting the proposed use of the street.
(4) 
The date and duration of time for which the requested use of the street is proposed to occur.
(5) 
An accurate description of that portion of the street proposed to be used.
(6) 
The number of persons for whom use of the proposed street area is requested.
(7) 
The proposed use, described in detail, for which the street use permit is requested.
C. 
Representative at Council meeting. The person or representative of the group making application for a street use permit shall be present when the Common Council gives consideration to the granting of said street use permit to provide any additional information which is reasonably necessary to make a fair determination as to whether a permit should be granted.
D. 
Petition. The application shall be accompanied by a petition designating the proposed area of the street to be used and time for said proposed use, said petition to be signed by not less than 75% of the residents over 18 years of age residing along that portion of the street designated for the proposed use. Said petition shall be verified and shall be submitted in substantially the following form:
Petition for Street Use Permit
We, the undersigned residents of the _______________ hundred block of ____________ Street in the City of Montello hereby consent to the _____________ recreational or business use of this street between the hours of _____ and _____ on ____________, the ______ day of ____________, _____, for the purpose of _____________________ and do hereby petition the Common Council of the City of Montello to grant a street use permit for us to use said portion of said street for said purpose and do hereby agree to abide by such conditions of such use as the Common Council of the City of Montello shall attach to the granting of the requested street use permit.
We designate ___________________ as the responsible person or persons who shall sign an application for a street use permit on our behalf.
E. 
Insurance. The applicant for a street use permit may be required to indemnify, defend, and hold the City and its employees and agents harmless against all claims, liability, loss, damage or expense incurred by the City on account of any injury to or death of any person or any damage to property caused by or resulting from the activities for which the permit is granted. As evidence of the applicant's ability to perform the conditions of the permit, the applicant may be required to furnish a certificate of comprehensive general liability insurance with the City of Montello. The applicant may be required to furnish a performance bond prior to being granted the permit.
F. 
Termination of a street use permit. A street use permit for an event in progress may be terminated by the Montello Police Department if the health, safety and welfare of the public appear to be endangered by activities generated as a result of the event or the event is in violation of any of the conditions of the permits or ordinances of the City of Montello. The Director of Public Works has the authority to revoke a permit or terminate an event in progress if the event organizers fail to comply with any of the regulations in the street use policy or conditions stated in the permit.
[Amended 7-6-2005]