City of Manawa, WI General Provisions

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 Manawa. The cost of sidewalk installation, repair or construction shall be paid by the property owner. Whenever the Common Council shall, by resolution, determine that a sidewalk shall be laid, rebuilt, repaired, lowered or raised along or upon any public street, alley or highway within the City of Manawa, it shall proceed according to W.S.A. s. 66.615.

All sidewalks within the City of Manawa hereafter shall be repaired, rebuilt and constructed in accordance with the specifications of this section.

Sidewalk permit required. No person shall hereafter lay, remove, replace or repair any public sidewalk within the city unless he or she is under contract with the city to do such work or has obtained a permit therefor from the City Clerk-Treasurer at least seven days before work is proposed to be undertaken. No fee shall be charged for such permits.

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. Subgrade shall be two inches of sand fill, thoroughly and uniformly compacted and brought to correct grade placing of concrete and thoroughly wet down immediately before concrete is placed. Soft, porous 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.

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. 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 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 one-half-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 foot 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-by-four-inch expansion joints of premolded material.

Slope. All forms must be approved by the Director of Public Works, or his or her designee, before concrete is poured. 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 one-foot strip of street property left between the property line and the edge of the sidewalk.

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 and butt to established grade line. Sidewalk width in front of commercial or industrial establishments shall be eight feet or as determined by the Common Council or committee thereof.

(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. Concrete shall be kept moist by sprinkling, covering or a combination of both for a minimum of five days.

(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.

Repair or replacement of defective sidewalks. Pursuant to W.S.A. s. 66.615, the Common Council 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 60 days after service of the notice provided in W.S.A. s. 66.615(3)(c), the Common Council shall repair or construct such sidewalk, and the Clerk-Treasurer shall enter the total cost thereof upon the tax roll as a special tax against said lot or parcel of land. If a life-threatening situation exists which is caused by a sidewalk in need of repair, the Director of Public Works shall 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.

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.

§ 273-3 Permit required for excavations; insurance; bond.

Permit required. No person, partnership or corporation, or his, her 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 Manawa without a permit therefor from the Director of Public Works.

Application for permit. The application for a permit shall be in writing and signed by the applicant or his or her 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.

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 § 273-4G 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 Director of Public Works and payment of a renewal permit fee of $10. Permit renewals shall be issued at the discretion of the Director of Public Works.

City standards; fees.

City standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this section and § 273-4. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to the condition prior to damage.

Fee. The fee for a street opening permit shall be $25 plus actual city expenses. Permit fees shall be paid to the Director of Public Works, who shall issue his or her receipt therefor.

Insurance required. A permit shall be issued only upon condition that the applicant submit to the Director of Public Works 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 $500,000 per one person and $500,000 for one accident and property damage coverage of not less than $500,000. The policy shall name the City of Manawa as the third-party insured.

Bond.

Before a permit for excavating or opening any public street, sidewalk, ditch, alley or public right-of-way may be issued, the applicant must execute and deposit with the city an indemnity bond in a sum determined by the Mayor conditioned that he or she will indemnify and save harmless the City of Manawa and its officers from all liability for accidents and damage caused by any of the work covered by his or her permit and that he or 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 or she may make as near as can be to the state and condition in which he or she found it and keep and maintain the same in such condition, normal wear and tear excepted, to the satisfaction of the Common Council for a period of one year and that he or she will pay all fines or forfeitures imposed upon him or 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.

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, 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. An annual bond may be given.

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 Common Council 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 guaranty or surety bond to that effect with the city in an amount determined by the Mayor.

Whenever the Common Council shall find that any such work has become defective within one year of the date of completion, he or she shall give written notice thereof to the contractor or to his or 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.

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 Common Council as necessary to adequately protect the public and the city.

Public utilities. All public utilities as defined in W.S.A. ss. 66.06 and 196.01 are hereby required to be bound by the terms and conditions of this section and § 273-4, and any and all subsections thereunder, except that a public utility as defined within this section shall not be required to post the ten-thousand-dollar indemnity bond or annual bond.

§ 273-4 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 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 Director of Public Works or Police Department 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 Director of Public Works, a trench shall not be excavated more than 250 feet in advance of pipe or conduit laying nor left unfilled more than 500 feet from where pipe or conduit has been laid.

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 cost of any appeal, that may result from the neglect by such person or his or 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 or her project. In the event that traffic is limited to less than one lane in each direction, a flagperson 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 workers 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.

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 his or her 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 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 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 with 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 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, 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, 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 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.

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 one-and-one-half-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 Gradation 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 spilling 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.

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.

In emergency excavations during winter months when it is not possible to replace the removed pavement with a like material, the excavation shall be 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 but 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.

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 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 the Police Department 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 by the Common Council, 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, 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 have the city or a contractor working for the city make the pavement repair for any street or sidewalk opening, in which case the cost of making such repair and of maintaining such repair for one year shall be charged to the person making the street opening.

§ 273-5 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 or she is the owner or occupant, except as provided in Subsections B and C.

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

Temporary encroachments or obstructions authorized by permit under § 273-6 of this article pursuant to W.S.A. s. 66.045.

Building materials, for the period authorized by the Director of Public Works, which shall not obstruct more than 1/2 of the sidewalk or more than 1/3 of the traveled portion of the street and which do not interfere with the flow in the gutters.

Excavations and openings permitted under §§ 273-3 and 273-4 of this article.

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.

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

Issuance of permit.

The Common Council is authorized to issue a permit which allows property owners to place certain fixtures on sidewalks which immediately adjoin their property. In determining if a permit shall be authorized, all of the following requirements must be met:

(a)

The property must be located in an area zoned for commercial uses.

(b)

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.

(c)

The placement of the fixture shall not impede the flow of pedestrian traffic on the sidewalk. In no event shall the fixture reduce the unobstructed sidewalk width to less than five feet at any point.

(d)

The property owner shall provide the city with proof of liability insurance coverage. The insurance coverage shall be an amount of not less than $500,000 per occurrence, and the policy shall specifically state that it includes coverage for the fixtures located on the city sidewalks. In addition, the city shall be identified as a third-party insured.

(e)

The fixture(s) shall not be for sale, nor shall the fixture(s) be used for the sale of merchandise. Specifically excluded are all forms of vending machines, vendors carts or tables, etc.

(f)

The property owner whose property adjoins the city sidewalk shall file the permit application or authorize the occupant of the subject property to file the permit application.

(g)

The property owner or the occupant of the subject property shall display the approved permit in the window of the building so that it can be seen from the sidewalk.

Upon reviewing the permit application, if it is determined by the Common Council that all of the above requirements have been met, it shall issue the permit. Said permit may be revoked by the Common Council, Director of Public Works, Mayor or any city law enforcement officer ("city enforcement officials") at any time when one or more of the above requirements are not complied with or if he or she determines that the placement of the fixture(s) endangers the safety of the pedestrians who utilize the sidewalks.

Removal by city for 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 or 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 for obstruction and encroachments located in the city streets, alleys, public grounds or lands dedicated for public use. In addition to any other penalty imposed, if any city enforcement official determines that a city street, alley, public grounds or land dedicated for public use is obstructed or encumbered, he or 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 D or E, respectively, any city 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 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.

§ 273-6 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 Common Council 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.[1] The Common Council shall request advisory recommendations from the Chief of Police and Director of Public Works prior to issuance of the permit. City officials may attach conditions to the permit, including proof of liability insurance.

[1]

Editor's Note: See Ch. 106, Building Construction, particularly § 106-14, Moving of 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 $20,000, 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 of $10, plus any actual city costs.

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 Director of Public Works, Chief of Police or Common Council 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.

The process of moving any building or structure shall be as continuous as practicable until completed and, if ordered by the Chief of Police or Common Council, shall continue during all hours of the day and night.

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.

Buildings shall be moved only in accordance with the route prescribed by the Common Council, upon the recommendation of the Chief of Police.

Upon termination of the work necessitating such obstruction, all parts of the streets, alleys, sidewalks or public grounds occupied under this permit shall be vacated, cleaned of all rubbish and obstructions and place 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 remove or neglect to remove such obstruction within 24 hours after such notice from the Common Council, Director of Public Works or Chief of Police to do so, it shall be the duty of the Common Council, Director of Public Works or Chief of Police 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.

§ 273-7 Snow and ice removal.

Removal from sidewalks. The owner, occupant or person in charge of any parcel or lot which fronts upon or abuts any sidewalk shall keep said sidewalk clear of all snow and ice. In the event of snow accumulating on said sidewalk due to natural means and/or by any other means, said sidewalk shall be cleared of all accumulated snow and/or ice within 24 hours from the time the snow ceases to accumulate on said sidewalk. Sidewalk are to be kept clear of snow and ice to a minimum of four feet in width. In the event that ice has formed on any sidewalk in such a manner that it cannot be removed, the owner, occupant or person in charge of the parcel or lot which fronts upon or adjoins said sidewalk shall keep the sidewalk sprinkled with material to accelerate melting or prevent slipping.

Notice and removal of snow from sidewalks. If the owner, occupant or person in charge of any parcel or lot which fronts upon or adjoins any sidewalk shall fail to keep said sidewalk clear of snow and ice as set forth in Subsection A, the Director of Public Works or city law enforcement officers shall take the following action:

Hazardous conditions. If the Director of Public Works or a city law enforcement officer determines that the failure to remove the snow and ice from the sidewalk creates an immediate danger to the public health and/or safety, he or she shall cause the issuance of a written notice to the owner, occupant or person in charge of any parcel or lot directing that the snow and ice be removed immediately after the delivery of the notice. In the event that the property owner, occupant or person in charge of said parcel or lot is unavailable to receive a written notice, the Director of Public Works or police officer shall immediately cause the removal of the snow and/or ice. The Director of Public Works or police officer shall send a written notice to the last-known address of the property owner notifying him or her that a hazardous condition existed which required immediately abatement.

Nonhazardous conditions. If the owner, occupant or person in charge of the subject parcel or lot fails to remove the snow within the time period established in Subsection A, the Director of Public Works or police officer shall cause the issuance of a written notice to said owner, occupant or person in charge of the subject parcel or lot directing the responsible person (as defined) to remove said snow and ice no later than 12:00 noon of the day following the issuance of said notice. The written notice shall be hand delivered or mailed to the last-known address of the owner of the subject property as identified on the records in the City Clerk-Treasurer's office.

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 city 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 only onto the public streets. Snow from public sidewalks shall not be stored in any manner which will obstruct or limit vehicular or pedestrian vision, movement or access. The deposit of any snow or ice upon any sidewalk, alley or street of the city contrary to the provisions of this section is a nuisance, and, in addition to the penalty provided for violation of this section, the city may summarily remove any snow or ice so deposited and cause the cost of said removal to be charged to the owner of the property from which said snow or ice had been removed.

Enforcement. The Director of Public Works, his or her designees and all sworn police officers are hereby authorized and directed to enforce the provisions of this section.

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.

Abatement after notice. Failure of the owner, occupant or person in charge of any parcel or lot to cause the removal of snow and/or ice within the time established under Subsection B(1) and (2) after receiving a written notice shall result in the Director of Public Works causing the removal of said snow and/or ice.

Expense. An account of the expenses incurred by the city 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 City Clerk-Treasurer shall enter the charges onto the tax roll as a special tax as provided by W.S.A. s. 66.615(5).

Penalty. In addition to the provisions set forth in this section, any person, firm or corporation who or which violates the provisions of this section shall be subject to a penalty as provided in Chapter 1, § 1-21, General penalty, of this Code.

[State law reference: W.S.A. ss. 66.60(16) and 66.615(3)(f) and (5)]

§ 273-8 Terrace areas.

Definition. The definition of "terrace" shall be as defined in Chapter 280, Trees and Shrubs, § 280-2.

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.

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

§ 273-9 Vaults and cisterns.

All vaults and cisterns under sidewalks shall be prohibited.

§ 273-10 Downspouts and eaves not to drain on sidewalks.

No downspouts from any building shall terminate on or upon or in such position that the contents of such spout shall be cast upon or flow back or over any public sidewalk in the city. When the eaves of a building extend over or are so constructed that water may fall therefrom or run back upon any public sidewalk, such eaves shall be so protected by proper spouts or otherwise that no water shall fall or drain therefrom or run back upon or over any public sidewalk. The owner or owners of any building and the officers of any association or corporation owning any building on which any spouts or the eaves thereof shall be maintained contrary to this section shall be subject to a penalty as provided in Chapter 1, § 1-21, General penalty, of this Code.

§ 273-11 Special event vending permits. [1]

Street sales prohibited except by permit. No person shall display, sell or offer to sell on any street, sidewalk, alley or other public place within the city any goods, wares, foodstuffs or anything of value or service of any kind by putting up a booth or stopping a vehicle or person on foot or in any other manner attempting to publicly sell or offer for sale any such articles, unless such person shall have first applied for and obtained a special event vending permit from the Common Council. Such permit shall enable holders to conduct their business in all enumerated areas, subject to the limitations of this section. A special event vending permit shall be obtained where the vending is done by a participant in a special event and where such vending is an integral part of the event. However, where the vending is to occur in connection with a city- or area-wide promotion of community trade or festival sponsored or coordinated by an organization, the sponsoring organization shall obtain the special event vending permit as agent for its participating members.

Procedure.

Application for a special event vending permit shall be filed with the City Clerk-Treasurer and shall contain such information as the City Clerk-Treasurer may require. Licenses shall be signed by the City Clerk-Treasurer and shall be conspicuously displayed at the place where such sales are being made. The permit shall set forth the exact days on which and the exact location where such business shall be carried on and shall be valid only during the dates and at the locations specified. Where a sponsoring organization is the applicant, the applicant shall provide the City Clerk-Treasurer with a complete list of sponsors and participants at the time of making application.

Upon receipt of an application for a permit, the Common Council shall review the information given on the application for conformity with the provisions of this section. If all the applicable requirements are clearly and unambiguously met in the Common Council's opinion, it shall approve the permit or approve it conditionally. If the applicable requirements are not clearly and unambiguously met in the Common Council's opinion, it shall state the matters in doubt in writing to the applicant within three days of the time of making application.

Conditions of license. In addition to any other conditions imposed by the Common Council, all permittees shall fully comply with the following requirements:

Liability insurance. To hold a valid permit, the vendor must have in force adequate liability insurance. Adequate liability insurance is liability insurance holding the city and its employees and agents harmless and indemnifying and defending the city, its employees and agents against all claims, liability, loss, damage or expense incurred by the city with adequate liability policy limits on account of any damage caused by or resulting from the activities for which the permit is granted. As evidence of the applicant's ability to perform this condition of the permit, the applicant shall furnish a certificate of insurance evidencing the existence of comprehensive general liability insurance (including contractual liability insurance with the city being named as an additional insured). "Adequate liability limits" means minimum limits of $100,000 per occurrence for bodily injury and minimum limits of $50,000 per occurrence for property damage. The certificate of insurance shall provide 30 days' written notice to the city upon cancellation or nonrenewal or material change in the policy. Proof of insurance shall be submitted to the City Clerk-Treasurer a minimum of seven days before the start of the event.

Cooperation with law enforcement officials. To protect the public health and safety, the permittee shall coordinate with the Chief of Police the location of all events under the permit. Street and sidewalk encroachments, booth locations and special parking provisions shall be submitted to the Chief of Police for his or her review and approval a minimum of seven days before the start of the event.

Cleanup. The permittee shall be fully responsible for all necessary cleanup associated with the licensed event.

Compliance with other regulations. The permittee shall comply with all applicable state and county regulations governing health and sanitation for food-handling establishments, if applicable, and any other applicable city regulations, including but not limited to regulations pertaining to the issuance of special Class "B" fermented malt beverage licenses.

[1]

Editor's Note: See also Ch. 254, Sales.

§ 273-12 Requests for improvements.

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

§ 273-13 Raking leaves into streets.

In the interests of public safety, health and general welfare, community appearance and efficiency of operation, it shall be unlawful to rake or place fallen tree leaves or grass clippings onto the pavement or into the gutter of any public street. No person shall permit grass clippings from mower swaths to remain upon sidewalks or on abutting property owned or occupied by him or her.

§ 273-14 Unlawful dumping on streets.

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.

§ 273-15 Street numbers.

Buildings to have street numbers. Each principal building in the city shall be numbered by the City Clerk-Treasurer. All lots and parts of lots shall be numbered in accordance with a street numbering map on file in the office of the City Clerk-Treasurer. Plats shall be numbered to conform as nearly as possible to the general scheme of numbering as outlined on the map.

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 or her the official street number assigned to that building as provided in Subsection A hereof. The physical numbers provided herein shall be not less than 2 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 so be affixed in such location that it may be seen in like manner from such alley.

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 city shall serve him or her a notice requiring him or her to properly number the same, and if he or she neglects to do so for 10 days after service, he or she shall be subject to a forfeiture as provided in Chapter 1, § 1-21, General penalty, of this Code.

§ 273-16 Obstruction of public gutters and 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, 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.

§ 273-17 Curb and gutter.

Special assessments and charges. The city may, at any time, construct or have constructed curb and gutter in the city. As a complete alternative to any other methods provided by law, the city may collect for said curb and gutter in the manner and by the procedure provided by W.S.A. s. 66.60 and/or 66.62.

Alternative methods.

Petition. Any taxpayer and property owner in the city may petition the city for the installation of curb and gutter abutting property owned by said petitioner in said city.

(a)

Requirements of petition. The petition for the installation of curb and gutter shall state that the petitioner(s) requests curb and gutter abutting property owned by said petitioner, describing said property and stating what type is requested, and further said petition shall state that each petitioner individually shall be responsible and liable for and thereby obligates himself or herself to pay 50% of the total costs of installation of said curb and gutter, to include surveying and other contingent expenses.

(b)

Effect of petition. In the event that a petition for the installation of curb and gutter is presented to the Common Council, the Council shall have the exclusive discretion to accept or reject the same. The Council may refer said petition or may table it, but in any event it shall act upon the same in some manner within six months of receipt of said petition.