City of New Lisbon, WI General Regulations

Construction and repair regulated. No person, whether owner, builder or contractor, shall build any new sidewalk or repair or renew, or cause to be built, repaired or renewed, any existing sidewalk contrary to the provisions of this article, unless by petition to the Common Council and having permission therefor granted by the Council, or upon the Common Council's own motion, or where such a change in the specifications hereinafter set forth shall be deemed in the best interests of the City.

Standards. The Common Council may determine that sidewalks be constructed and establish the width, determine the material and prescribe the method of construction of standard sidewalks pursuant to this section. The Common Council shall bid and award contracts for all sidewalk construction and reconstruction projects.

Cost of sidewalks.

New sidewalks. Sidewalks required in new subdivisions and developments shall be paid for by the land divider pursuant to Chapter 515, Subdivision of Land, of this Code of Ordinances. New sidewalks constructed in existing areas of the City shall be paid for by adjacent property owners.

Sidewalk repair and reconstruction. Existing sidewalks that are repaired and reconstructed shall be special assessed 100% to the adjacent property owner.

In the event of a special assessment pursuant to Subsection B(2) of this subsection, no special assessments shall be levied until a public hearing as been held to determine the benefitted properties, the amount of the improvement and the method by which that improvement shall be paid for and/or assessed. Notice of the hearing shall be sent at least 10 days before the hearing by first class mail to all of the properties that are subject to the special assessment at the address listed on the tax roll for each of those properties. The public hearing shall also be subject to a Class I notice. At the conclusion of the hearing, any resolution adopted by the City Council shall be provided to the benefitted property owners in the manner identified above for providing notice of the public hearing.

[Added 7-21-2014 by Ord. No. 0616-14-01]

Sidewalk permit required. No person shall hereafter lay, remove, replace or repair any public sidewalk within the City of New Lisbon unless he/she is under contract with the City to do such work or has obtained a permit therefor from the Director of Public Works or his/her designee at least seven days before work is proposed to be undertaken. A fee as set by the Common Council shall be charged for such permits. Denial of such permits may be appealed to the Common Council.

[Amended 10-21-2013 by Ord. No. 2013-1]

Standard specifications for sidewalk.

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 City.

Subgrade. All earth, dirt and material shall be removed to a depth, not less than eight inches, 10 inches across private driveways, below the grade line; and the space shall be filled with crushed stone, sand or gravel. The base shall be left four inches thick after being tamped, with the stone or gravel to be not larger than 1 1/2 inches in diameter and to be free from dirt, dust and foreign matter. Soft, porous and unsuitable subgrade material shall be removed and replaced with sand, gravel, or other satisfactory material, and the subgrade shall be thoroughly and uniformly compacted and moistened immediately before the concrete is placed. On embankments, the subgrade shall extend at least one foot beyond each edge of the sidewalk.

Concrete. The minimum quantity of cement per cubic yard shall be six sacks of 94 pounds each. Concrete shall be mixed for at least one minute. Gravel shall be of good quality and washed. Concrete shall test 3,000 pounds' compression in 28 days.

Forming. 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. 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. Forms shall be securely fastened, staked, braced and held firmly to required line and shall be sufficiently tight to prevent leakage of mortar, and all forms shall remain in place for 24 hours after pour.

Jointing, floating and finishing. Soon after screening and while the concrete is still plastic, the surface shall be floated with wood, cork or metal floats or by a finishing machine. At all places where the sidewalk intersects another sidewalk or curbline, a one-half-inch expansion joint shall be placed. Transverse expansion joints of 1/2 inch thick and four inches wide and five feet long or premolded material shall be located every 30 feet. Sidewalks must be marked off to make blocks five feet square and be at right angles to the parallel lines. Any new sidewalk adjoining an old sidewalk or a sidewalk which abuts curb and gutter shall have one-half-inch by four-inch expansion joints of premolded material.

Slope. All forms must be approved by the Director of Public Works or his/her designee before concrete is poured. To provide adequate drainage, the sidewalk shall slope toward the curb at a minimum rate of 1/2 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 one-foot strip of street property left between the property line and the edge of the sidewalk.

(7)

Width and thickness. Residential walks shall be a minimum of five feet in width and not less than four inches thick or shall match existing sidewalk width in that block. However, in driveway approaches, the minimum sidewalk thickness shall be six inches. Such sidewalks shall have a grade one inch higher than the adjacent curb on the curb side of the sidewalk. All such sidewalks shall be constructed eight inches from the adjacent lot line. In the case of a laydown-type curb, the pitch shall be 1/2 inch per foot from the curb in the parkway to the sidewalk with a three inch minimum. Sidewalks in front of commercial or industrial establishments shall have a width as determined by the Common Council and be five inches thick, except within driveway approaches where the minimum thickness shall be seven inches.

(8)

Finishing. The concrete shall be struck off true to grade, finished smooth and given a broom finish in transverse direction. Edges and joints shall be given a finish with a one-fourth-inch radius edging tool. Dry cement shall not be spread on a wet surface to take up excess water. Finishing operations shall be delayed until water has disappeared. 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 50° F.) for 96 hours.

(9)

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 Specification 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.

(10)

Cold weather requirements. When the temperature is less than 40° F., all concrete placed in the forms shall have a temperature between 50° F. and 70° F. and shall meet the requirements as per Wisconsin Department of Transportation specifications for cold weather concrete.

(11)

Minor repairs. Nothing in this section shall apply to minor repairs, the cost of which does not exceed $500; such repairs may be made at the direction of the Director of Public Works without notice, and the cost thereof may be charged to the abutting property owner in the same manner as provided in this section for major repairs.

Repair or replacement of defective or damaged sidewalks.

Pursuant to § 66.0907, Wis. Stats., the Common Council may order at any time property owners to repair or remove and replace any sidewalk which is unsafe, defective or insufficient or which is damaged by the acts of the property owner or his/her agents. If the property owner shall fail to so repair or remove and replace such sidewalk within 20 days after service of the notice provided in § 66.0907, Wis. Stats., the Common Council or its designee shall repair or construct such sidewalk and the City Clerk-Treasurer shall enter the total cost thereof upon the tax roll as a special tax against said lot or parcel of land. If an emergency situation exists which is caused by a sidewalk in need of repair, the Common Council or its designee shall immediately direct the property owner to immediately make repairs. If the property owner shall fail to repair such sidewalk within the required period, the Common Council shall make the necessary repairs and the City Clerk-Treasurer shall enter the total cost thereof on the tax roll as a special tax against said parcel.

The Common Council shall determine that any sidewalk which is unsafe, defective, or insufficient be repaired or replaced with a sidewalk in accordance with this section. The existence of any one or more of the following characteristics shall determine whether a sidewalk is defective, in need of immediate maintenance, or insufficient:

(a)

One inch or more vertical differential at any point between adjacent individual sidewalk sections.

(b)

One and one-fourth inch horizontal distance between adjacent individual sidewalk sections.

(c)

Deterioration to the surface on any one single section of sidewalk to a vertical depth of one inch or more.

(d)

Contains grass or other vegetation in cracks which is one inch or more in height.

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.

§ 435-6 Curb and gutter construction.

All cement curb and gutter hereafter rebuilt or constructed in the City of New Lisbon shall be constructed according to the following specifications:

Establishment. No curb and gutter shall be worked until the grade thereof has been established according to the records on file in the office of the City Clerk-Treasurer. No person shall alter the grade of any curb and gutter within the City of New Lisbon by any means whatsoever unless authorized or instructed to do so by the Common Council or the Director of Public Works.

Owner to construct.

Petition to build curbs. Whenever a petition of a majority of the abutting owners of property on any street is filed with the Common Council or when the Common Council deems it necessary to order curbs to be laid upon any street, the Common Council may direct and order said work to be done.

Resolution required. Upon the passage of a resolution by the Common Council ordering curbs to be laid on any street, it shall become the duty of the abutting owner or owners to construct the same in accordance with the existing ordinance or in accordance with specifications contained in any ordinance or resolution adopted by the Common Council. Said curbs shall be constructed within 30 days from the date of the written notice to be served on said residential owner or owners by the Director of Public Works and the publication of notice to nonresidential owners published in the official City newspaper. If said curb shall not be laid within said thirty-day period the Director of Public Works shall forthwith build or cause to be built such curb and the cost thereof shall be charged to the respective properties and the cost of the same shall be collected as a special tax.

Permit required. No person shall hereafter lay, remove, replace, or repair any curb and gutter within the City of New Lisbon unless he/she is under contract with the City to do such work or has obtained a permit therefor from the Director of Public Work at least seven days prior to the proposed construction. The fee for such permit shall be set by the Common Council.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Specifications. All curb and gutter within the City of New Lisbon hereafter shall be repaired, rebuilt and constructed in accordance with § 435-5D.

§ 435-7 Excavations of streets, alleys and public grounds.

Permit required.

Permit to be obtained. 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 ditch, public ground, public sidewalk or City-owned easement within the City of New Lisbon without a permit therefor from the City Clerk-Treasurer or Director of Public Works.

Fee. The fee each application for a street opening permit shall be as set by the Common Council plus any actual City expenses. Applications may be made for multiple street openings on one application form at the established fee; however, each opening must be listed at the time the application is submitted to the Director of Public Works for approval. Permit fees shall be paid to the Clerk-Treasurer, who shall issue a receipt therefor. If the street opening is made prior to the receipt of an approved street opening permit from the Director of Public Works, the application and review fee shall be as set by the Common Council plus any actual City expenses.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Emergency excavation. In the event of an emergency excavation for the protection of property, life, health, or safety and as authorized in § 435-8H, there shall be no permit fee (except that any actual City expenses shall be charged to the permittee), provided that the application for the street opening permit is filed with the Director of Public Works within two regular business days of the excavation in accordance with § 435-8H. If the permit application for the emergency excavation is not filed within two regular business days, the application and review fee shall be as set by the Common Council plus any actual City expenses.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Surcharge. In addition to any permit fees or City expenses, a surcharge shall be levied for any street opening which is in or disturbs the paved portion (final surface) of any public street, public alley, public way, public ground, public sidewalk or City-owned easement within the City of New Lisbon. The surcharge shall be determined as follows:

	Age of the Final Paving	Surcharge
	New pavement to 1 year	5 times the permit fee
	1 year to 2 years	4 times the permit fee
	2 years to 3 years	3 times the permit fee
	3 years to 4 years	2 times the permit fee
	4 years to 5 years	1 times the permit fee
	More than 5 years	No surcharge

Application for permit. The application for a permit shall be in writing and signed by the applicant or his/her agent. The applicant shall submit to the City Clerk-Treasurer or 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 City Clerk-Treasurer or Director of Public Works shall determine if sufficient information is submitted.

City work excluded. The provisions of this section shall not apply to excavation work under the direction of City departments or employees or to contractors performing work under contract with the City necessitating openings or excavations in City streets.

Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 435-8G for pavement replacement.

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 City Clerk-Treasurer or Director of Public Works. Permit renewals shall be issued at the discretion of the City Clerk-Treasurer or Director of Public Works.

City standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this section and § 435-8. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to the condition prior to damage.

Insurance required. A permit shall be issued only upon condition that the applicant submit to the City Clerk-Treasurer or Director of Public Works 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, $500,000 for one accident and property damage coverage of not less than $500,000.

Bond.

Before a permit for excavating or opening any public street, sidewalk, ditch, alley or public right-of-way may be issued, the Building Inspector may ask the City Engineer as to whether the applicant shall be required to execute and deposit with the City a bond in the amount recommended by the City Engineer, conditioned that he/she will indemnify and save harmless the City of New Lisbon and its officers from all liability for accidents and damage caused by any of the work covered by his/her permit and that he/she 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/she may make as near as can be to the state and condition in which he/she found it and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the City Engineer or Director of Public Works for a period of one year and that he/she will pay all fines or forfeitures imposed upon him/her 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. In making such determination, the City Engineer shall consider how well streets will handle anticipated construction loads. Requiring a bond is generally anticipated in the case of exceptional projects. Such bond 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. Recovery on such bond for any accident, injury, or violation of law, ordinance, rule or regulation shall not exhaust the bond but it shall cover any and all accidents, injuries or violation of law during the period of excavation for which it is given.

Upon the recommendation of the City Engineer, 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 City Engineer as necessary to adequately protect the public and the City.

Faulty work or materials shall be immediately replaced by the permittee upon notice by the City. Failure to correct deficiencies shall result in a one-year revocation of the right to obtain a street opening permit. The Director of Public Works shall repair the deficiencies and bill the permittee for all labor, materials and equipment used plus 20% for administration.

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 City in an amount determined by the Director of Public Works.

Whenever the Common Council or City Engineer shall find that any such work has become defective within one year of the date of completion, the City shall give written notice thereof to the contractor or to his/her surety stating the defect, the work to be done, the cost thereof and the period of time deemed by the Common Council 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 City for the cost of doing the work as set forth in the notice.

Public utilities. All public utilities as defined in §§ 66.0801 and 196.01, Wis. Stats., are hereby required to be bound by the terms and conditions of this section and § 435-8 and any and all subsections thereunder, except that a public utility as defined within this section shall not be required to post the indemnity bond.

§ 435-8 Regulations governing excavations and openings.

Frozen ground. No openings in the streets, alleys, sidewalks or public ways shall be permitted between November 15 and May 1 except where it is determined by the Director of Public Works or his/her designee to be an emergency excavation.

Protection of public.

Every opening and excavation shall be enclosed with sufficient barriers, signing, and such other traffic control devices as may be required by the City and in accordance with Section VI of the Manual on Uniform Traffic Control Devices. Sufficient warning lights shall be kept on from sunset to sunrise. No open-flame warning devices 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 from where pipe or conduit has been laid.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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 costs of any appeal, that may result from the neglect by such person or his/her employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.

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/her project. In the event that 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.

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 Director of Public Works 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.

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.

Pavement removal.

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 the work and in accordance with all applicable codes and regulations.

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 to 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 Director of Public Works or his/her designee shall, on the basis of an on-site inspection, approximate the boundaries of the pavement replacement area.

Pavement replacement areas with the long dimension in the direction of travel shall have the long dimension parallel to the curbline or the direction of travel. Pavement replacement areas in concrete pavements shall be parallel with or at right angles to the direction of travel.

The Director of Public Works or his/her 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.

Excavation.

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.

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.

Backfilling.

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 Director of Public Works or his/her designee, is unsuitable.

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 Director of Public Works or his/her designee, hauled in.

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.

Mechanical compaction shall be used on all materials used for trench backfill. Each layer (12 inches maximum) shall be uniformly compacted. Compaction or consolidation by flooding shall not be permitted. Earth must be puddled or laid in layers not more than 12 inches in depth and each layer rammed and tamped to prevent settling. The Public Works Department will test the fill to meet the City's specifications. Contractors will be instructed by the City inspector, if they meet the specifications, to proceed to fill the opening.

All excavations shall be subject to testing by the City. 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.

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.

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 one business day 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.

Pavement replacement and sidewalk, curb and gutter and driveway restoration.

Backfill material shall be left below the original surface to allow for five inches of three-inch crushed stone and four inches of three-fourths-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-fourths-inch crushed stone.

Bituminous pavement shall be placed the full depth of the existing pavement or three inches, whichever is greater. Bituminous pavement shall be placed in a maximum of 1 1/2 inch layers 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.

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 the Director of Public Works or his/her designee.

All permanent restoration of street, curb and gutter shall be of the same type and thickness as the curb and gutter which abuts. The grade of the restored curb and gutter shall conform to the grade of the existing adjacent curb and gutter.

All permanent restoration of driveways and sidewalks shall conform to the manner of construction as originally placed and to the lines and grades as given by the City Engineer. No patching of concrete driveway areas will be allowed between joints or dummy joints.

Sidewalks shall be replaced the full width of the walk and minimum length shall be 60 inches. All replaced walk shall be four inches thick, except at driveways where it shall be six inches thick. The new walk shall slope to conform to existing construction across the width of the walk toward the street.

(7)

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 3 1/2 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.

(8)

When a street is reconstructed, utility laterals shall also be installed, including sump pump laterals, even if not immediately needed.

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/her 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 and shall notify City officials immediately.

Excavation in new streets limited. Whenever the City 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, the City 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 Common Council or committee thereof, 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.

Repair by City. The City may elect to make the pavement repair for any street or sidewalk opening, 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. In the event that such charges are not paid within 90 days of actual notice of the same having been furnished the applicant and owner of the premises for which said permit was issued, they shall become a lien against said premises and thereafter be assessed and collected as a special tax.

§ 435-9 Obstructions and encroachments.

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/she is the owner or occupant, except as provided in Subsection B.

Exceptions. The prohibition of Subsection A shall not apply to the following:[1]

Temporary encroachments or obstructions authorized by street privilege permit under § 435-10 pursuant to § 66.0425, Wis. Stats.

Building materials for the period authorized by the Common Council, or authorized designee, which shall not obstruct more than 1/2 of the sidewalk nor more than 1/3 of the traveled portion of the street and which do not interfere with the flow in the gutters.

Excavations and openings permitted under §§ 435-7 and 435-8 of this article.

Awnings which do not extend below any point seven feet above the sidewalk, street or alley.

Public utility encroachments duly authorized by state law or the Common Council.

Goods, wares, merchandise, or fixtures being loaded or unloaded which do not extend more than three feet on the sidewalk, provided that such goods, wares, etc., do not remain thereon for a period of more than two hours.

(7)

Signs or clocks attached to buildings which project not 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.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Removal by City of sidewalk obstructions and encroachments. In addition to any other penalty imposed, if any City enforcement official determines that a sidewalk is unlawfully obstructed in violation of this section, he/she 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.

Removal by City of obstructions and encroachments located in the City streets, alleys, public grounds or lands dedicated for public use. In addition to any other penalty imposed, if the Chief of Police, Director of Public Works or Building Inspector determines that a City 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 adjoins the obstructed public area directing that the obstruction be removed within 24 hours.

Failure to remove obstruction.

If the owner or occupant fails to remove the obstruction within the time period established in Subsection C or D, respectively, the Council 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 City Clerk-Treasurer shall enter those charges onto the tax roll as a special tax as provided by the state statutes.

The failure of the City 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 City expense on the tax rolls for unpaid bills for abating the obstruction as provided for in this section.

§ 435-10 Street privilege permit.

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 Director of Public Works for the purpose of moving any building or structure[1] 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 of Ordinances. The Director of Public Works may request advisory recommendations from the Chief of Police and Building Inspector prior to issuance of the permit. City officials may attach conditions to the permit, including proof of liability insurance.

Editor's Note: See also § 238-15, Moving buildings.

Bond. No street privilege permit shall be issued until the applicant shall execute and file with the City Clerk-Treasurer a bond not exceeding $10,000, conditioned that the applicant will indemnify and save harmless the City 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.

Fee. The fee for a street privilege permit shall be in the sum as set by the Common Council, plus any actual City costs.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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 Building Inspector, Chief of Police or Director of Public Works for violation thereof:

Such temporary obstruction shall cover not more than 1/3 of any street or alley.

Obstructions shall be sufficiently lighted at night so as to be in full view of the public from all directions.

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.

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.

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.

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 Common Council.

Removal by City. In addition to any other penalty imposed, if the owner or occupant of the premises adjoining any lawfully obstructed sidewalk shall neglect to remove such obstruction within 24 hours after such notice from the Common Council to do so, it shall be the duty of the City 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 are other special taxes against real estate.[3]

[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 435-11 Snow and ice removal.

Removal from sidewalks. Within 24 hours after the cessation of any fall of sleet or snow, it shall be the duty of the owners and/or the occupants of any lot or parcel of land in the City of New Lisbon to remove, or cause to be removed, the snow or sleet from any and all sidewalks and the nearest cross sidewalks adjacent to the premises of such owner or occupant and to keep the same free and clear of snow and ice for the full width of the sidewalk.

Failure to remove. In case of failure or neglect of any owner or occupant of any land or parcel of land to remove the snow from sidewalks as specified in Subsection A within the time set forth in said subsection and, after 24 hours after the cessation of any fall of snow, the owner or occupant has failed to remove such snow from sidewalks as specified in Subsection A, the Director of Public Works shall remove or cause the snow to be removed from any and all sidewalks and cross sidewalks that may be so neglected by the owner or occupant, and a fee established by the Common Council shall be assessed against the owner or occupant for the cost and expense of moving such snow. The fee will be charged against the respective lots and parcels of land adjacent to which said work shall be done as a special tax, and such sum or sums shall be collected in the same manner as other special taxes.

[Amended 4-16-2002[1]]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Prohibited placement. Except when contracted with the City, no person shall deposit or cause to be deposited any snow or ice taken and removed from his/her premises or elsewhere upon any sidewalk, alley, parkway, public place or street in the City; provided, however, that the person, firm, or corporation depositing such snow shall, within one hour thereafter, cause the same to be removed from such street.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Snow and ice as nuisance. The deposit of any snow or ice upon any sidewalk, alley or street of the City contrary to the provisions of this section shall be and is declared to be a nuisance, and in addition to the penalty provided for violation of this section, the City may similarly remove any snow or ice so deposited and cause the cost of said removal to be charged to the owner or occupant of the property from which said snow or ice has been removed.

Penalties. In addition to the liability of the owner or occupant of lands under Subsection B, the penalty for violation of any provision of this section will be a penalty as provided in § 1-4 of this Code. A separate offense shall be deemed committed for each day on which a violation of this section occurs or continues.

§ 435-12 Terrace areas.

Definition. The definition of "terrace" shall be as defined in § 454-2.

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 Common Council or its designee. Basketball backstops, statuary, structures, flagpoles and other objects shall not be placed in the terrace area.

Responsibility to maintain. Every owner of land in the City whose land abuts a terrace is required to maintain, or have maintained by his/her 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.

§ 435-13 Vaults.

All vaults and cisterns under sidewalks shall be prohibited.

§ 435-14 Requests for improvements.

Requests or petitions by City property owners for new streets, street resurfacing, curb and gutter, storm sewers, utility work and sidewalks shall be presented to the Common Council on or before September 15 to be considered for installation in the following year.[1]

Editor's Note: Original Sec. 6-2-12, Unlawful dumping on streets, which immediately followed this section, was repealed 10-21-2013 by Ord. No. 2013-1. See § 435-19, Deposit of deleterious substances.

§ 435-15 Street numbers.

Established. There is established a uniform system of numbering houses and buildings fronting on all streets, avenues and highways in the City of New Lisbon, and all houses and buildings shall be numbered in accordance therewith.

Houses to bear numbers.

[Amended 10-21-2013 by Ord. No. 2013-1]

The Common Council shall cause the necessary survey to be made, and there shall be assigned to each house and building located on any street, avenue, alley or highway in the City its respective number under the uniform system provided for in this section. When the survey has been completed and each house or building has been assigned its respective number or numbers, the owner, occupant or agent shall place or cause to be placed upon each house or building controlled by him/her the number or numbers assigned within 60 days after the assigning of the proper number.

The numbers shall be conspicuously placed immediately above, on or at the side of the proper door of each building so that they can be plainly seen from the street. Whenever any building is more than 50 feet from the street line, the number of the building shall be conspicuously displayed at the street line, near the walk, driveway or common entrance to such building and upon a gate post, fence, tree, post or other appropriate place so as to be easily discernible from the sidewalk.

Records. To facilitate correct numbering, a plat book of all the streets, avenues and public highways within the City showing the numbers of all lots or houses fronting thereon shall be kept on file in the office of the Zoning Administrator. These plats shall be open to public inspection during the office hours of the Zoning Administrator.

Zoning Administrator to assign numbers. The Zoning Administrator shall inform any party applying therefor of the number or numbers belonging to or embraced within the limits of any lot or property as provided in this section. In case of doubt as to the proper number to be assigned to any premises, the Zoning Administrator shall determine the number of such premises.

Number assignment as condition for building permit. Whenever any house, building or structure is erected or located in the City after the entire work of establishing a uniform system of house numbering has been completed, in order to preserve the continuity and uniformity of numbers of the houses, buildings and structures, the owner shall procure the correct number or numbers from the Zoning Administrator for the property and shall immediately fasten such number or numbers so assigned upon such building as provided in this section. No building permit shall be issued for any house, building or structure until the owner has procured from the Zoning Administrator the official number of the premises.

§ 435-16 Obstruction of public ditches.

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.

§ 435-16.1 Snow emergency.

[Added 9-19-2016 by Ord. No. 0815-16-01]

Definition. The City Council, Mayor or Public Works Director declares a snow emergency exists when the Public Works Director has determined the snow and/or ice accumulation on the City streets is an amount sufficient to hinder the safe movement of traffic or to impede the ability of emergency vehicles and public transportation vehicles to travel safely and expeditiously over such city streets or alleys.

Such declaration requires the Public Works Director to notify four designated radio stations, two local television stations and, if feasible, one public access channel by no later 10:00 p.m. of the day the City declares a snow emergency.

No person shall park any motor vehicle or leave any vehicle parked upon any street or alley within the city during any period of time in which snow or ice has accumulated and where the snow emergency exists until the snow has been plowed or removed from such street or alley.

This section shall be effective from November 15 to April 1 of each snow season.

Enforcement of this section shall not require any public posting in the City.

Owners of vehicles parked in violation of this section shall be subject to prosecution as provided in this chapter. In event of a violation the City shall have the authority to have the vehicles towed to the facility of the person providing the towing service or designated area. The costs of such towing shall be added to the forfeiture.

§ 435-17 Use and/or lease of City equipment and services.

Equipment. The City of New Lisbon shall not permit any person to use and/or lease any City equipment for private purposes.

Services. The City of New Lisbon shall not provide specialized services such as heavy equipment services, snowplowing, etc., for private parties, whether for a fee or no fee. However, due to the unavailability of private sector service providers and in order to protect public safety, the City of New Lisbon may provide sanding/salting services to private businesses on a fee basis.

§ 435-18 Public construction projects.

Nonbid construction. The following classes of public work, or any part thereof, may be done directly by the City without submitting the same for bids:

Construction and repair of streets.

Laying of sewer mains and laterals.

Laying of water mains and laterals.

Repair of sewer and water mains.

All public construction of which the estimated cost is less than $5,000.

Contracts; how let. All public construction, the estimated cost of which exceeds $25,000, shall be let by contract to the lowest responsible bidder; all other public construction shall be let as the Council may direct. If the estimated cost of any public construction exceeds $5,000 but is not greater than $25,000, then the City Clerk-Treasurer shall give a Class 1 notice under Ch. 985, Wis. Stats., of the proposed construction before the contract for construction is executed. This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers. The Council may also by a vote of 3/4 of all the members-elect provide by ordinance that any class of public construction or any part thereof may be done directly by the City without submitting the same for bids.[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 435-19 Deposit of deleterious substances.

In the interests of public safety, health and general welfare, community appearance, and efficiency of operation, it shall be unlawful to place, throw, leave, in any way deposit or permit to be deposited, or permit to remain any dirt, leaves, rubbish, refuse, garbage, waste material or liquid or any other objectionable material or liquid, litter, stone, wire, earth, ashes, cinders, sawdust, hay, glass, manure, filth, paper, snow, ice, grass, construction waste, debris or other offensive or noxious material of any kind upon any street, sidewalk, alley, drainageway, or public ground in the City of New Lisbon or upon any property of another, without the express permission of the owner of occupant thereof. When any such material is placed on the person's own private property, it shall be properly enclosed and covered so as to prevent the same from becoming a public nuisance.[1]