[HISTORY: Adopted by the Village Board of
the Village of Greendale as Ch. 8 of the Code of Ordinances. Amendments
noted where applicable.]
(1)
Establishment. The grades of all streets, alleys and sidewalks shall be established and described by the Board and shall be recorded by the Village Clerk-Treasurer in his office. See also § 15.58.
(2)
Required. No street, alley or sidewalk shall be worked
until the grade thereof is established.
(3)
Altering prohibited. No person shall alter the grade
of any street, alley, sidewalk or public ground, or any part thereof,
unless authorized or instructed to do so by the Board.
(1)
Owner to construct. The abutting owner shall build,
repair, construct and perpetually maintain sidewalks along or upon
any street or alley in the Village.
(2)
Village Board may order construction. The Village
Board may from time to time by ordinance or resolution establish the
width, determine the material and prescribe the method of construction
of standard sidewalks, and the standard so fixed may be different
for different streets and alleys, and may order sidewalks to be laid
in the same manner provided in § 66.0907, Wis. Stats.
(3)
Director of Public Works may order repair. The Director
of Public Works shall have the powers of the Board of Public Works
under § 66.0907, Wis. Stats., and may order the repair or
replacement of any sidewalk which is unsafe, defective or insufficient
in the manner provided therein.
[Amended 2-1-2000 by Ord. No. 772]
(1)
Permit required. No person shall construct a driveway
connecting with any improved or unimproved street or alley in the
Village without first obtaining a permit to do so from the Director
of Inspection Services. Application for a permit must be made in writing
upon forms furnished by the Village. Before any work is started, the
contractor shall pay to the Village Clerk-Treasurer a permit and inspection
fee established from time to time by separate resolution of the Village
Board.[1]
[Amended 1-17-2023 by Ord. No. 945]
[1]
Editor's Note: The Fee Schedule is on file in the Village
offices.
(2)
Supervision. All such work shall be done under the
jurisdiction of the Director of Inspection Services and in accordance
with the ordinances of the Village and the plans and specifications
on file in the office of the Director of Inspection Services.
(3)
Where prohibited. Construction or maintenance of a
driveway providing for ingress and egress to any Village traffic street
is hereby prohibited unless other ingress and egress is not available.
(4)
Culverts on unimproved streets. No driveway shall
be constructed or maintained connecting with any unimproved street
unless a suitable culvert is first installed across the ditch or swale
of such unimproved street. Such culverts shall be constructed of steel
pipe. The culvert shall have a cross section of not less than that
of a twelve-inch pipe or such greater diameter as the Village Engineer
may determine is necessary to carry the flow of water. The length
of the culvert shall be 20 feet or such greater length as the Director
of Public Works shall determine is necessary having in mind the width
of the driveway and flow of water. The grade for such culverts shall
be established by the Director of Public Works.
(5)
Culvert installation and fees. Applicants for a permit
shall be required to pay for the cost of the culvert. All culverts
shall be installed by the property owner under the direction of the
Director of Public Works.
(6)
Culverts for existing driveways.
(a)
Where the Director of Public Works determines that
to provide for the flow of water a culvert for an existing driveway
is required, the Director of Public Works shall notify in writing
the property owner from whose property the driveway leads to the street
that he will install a suitable culvert at the expense of such property
owner after 10 days from the date of the notice.
(b)
The property owner may appeal to the Village Board
from such determination of the Director of Public Works at any time
within the ten-day period. If the property owner fails to appeal within
such time, the determination of the Director of Public Works shall
become final.
(7)
If the cost of installation of any culvert installed
by the Village shall not be paid to the Village Clerk-Treasurer on
or before December 1 in the year in which such culvert has been installed,
the Director of Public Works shall certify the cost of the installation
of the culvert to the Village Clerk-Treasurer, who shall enter the
same on the tax roll as special taxes against the owner of the property
to which the driveway leads and which benefits by the installation
of the culvert, the same to be collected in all respects as are other
Village taxes.
Any person occupying any real estate shall keep
any walk which abuts or is adjacent to the real estate clear of snow
and shall remove any snow within 12 hours after a snowfall. Icy sidewalks
shall be made safe by such person for pedestrian travel. Snow removal
or plowing activities by the Village shall not relieve any person
of the duty of complying with this section. Persons engaged in snow
removal from sidewalks or driveways shall not push, plow or blow snow
onto or across Village roads. If any person fails to comply with this
section, the Village may cause the necessary work to be done and the
cost thereof shall be a lien against the property and shall be inserted
in the tax roll as a special charge against the property. Unoccupied
real estate shall be the responsibility of the property owner.
[Amended 7-17-2018 by Ord. No. 895; 3-19-2019 by Ord. No. 905; 9-3-2019 by Ord. No. 913]
(1)
Purpose and findings. In the exercise of governmental functions,
the Village has priority over all other uses of the public rights-of-way.
The Village desires to anticipate and minimize the number of obstructions
and excavations taking place therein and to regulate the placement
of facilities in the rights-of-way to ensure that the rights-of-way
remain available for public services and safe for public use. The
taxpayers of the Village bear the financial burden for the upkeep
of the rights-of-way, and a primary cause for the early and excessive
deterioration of its rights-of-way is the frequent excavation by persons
who locate facilities therein.
The Village finds with increased use of the public rights-of-way
there are increased costs to the taxpayers of the Village and that
these costs are likely to continue into the foreseeable future.
The Village finds occupancy and excavation of its rights-of-way
cause costs to be borne by the Village and its taxpayers, including
but not limited to:
(a)
Administrative costs associated with public right-of-way projects,
such as registration, permitting, inspection and supervision, supplies
and materials.
(b)
Management costs associated with ongoing management activities necessitated
by public right-of-way users.
(c)
Repair or restoration costs to the roadway associated with the actual
excavation into the public right-of-way.
(d)
Degradation costs defined as depreciation caused to the roadway in
terms of decreased useful life, due to excavations into the public
rights-of-way.
(e)
In response to the foregoing facts, the Village hereby enacts this
section relating to administration of and permits to excavate, obstruct
and/or occupy the public rights-of-way, which results in above-grade
use of the right-of-way. This section imposes reasonable regulations
on the maintenance of obstructions above grade currently within its
rights-of-way or to be placed therein at some future time. It is intended
to complement the regulatory roles of state and federal agencies.
(f)
The purpose of this section is to provide the Village a legal framework
within which to regulate and manage the public rights-of-way, and
to provide for recovery of the costs incurred in doing so. This section
provides for the health, safety and welfare of the residents of the
Village as they use the right-of-way of the Village, as well as to
ensure the structural integrity of the public rights-of-way.
(2)
Prohibited. No person shall encroach upon or obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in Subsections (3) and (4).
(3)
Exceptions. The prohibition of Subsection (2) shall not apply to the following:
(a)
Signs and clocks attached to buildings which project not more than
six feet from the face of such building and which do not extend at
any point lower than 10 feet above the sidewalk, street or alley.
(b)
Awnings which do not extend at any point lower than seven feet above
the sidewalk, street or alley.
(c)
Official signage, official traffic control devices, and utilities
owned or leased by the Village.
(d)
Goods, wares, merchandise or fixtures being loaded or unloaded which
do not extend more than three feet on a sidewalk, provided that such
goods, wares, etc., do not remain thereon for more than three hours.
(e)
Obstructions or encroachments lawfully existing prior to September
4, 2019.
(f)
Temporary encroachments or obstructions authorized by permit granted
pursuant to § 66.0425, Wis. Stats.
(4)
Permit required. Any above-grade use or installation, encroachment
or obstruction of the right-of-way requires a right-of-way permit
from the Village prior to such installation, use, encroachment or
obstruction being established.
(a)
Application requirements.
1.
An above-grade right-of-way permit application shall be filed with
the Director of Public Works.
2.
The applicant shall pay the above-grade right-of-way permit fee.
The above-grade right-of-way permit fee shall be in the amount as
established by resolution of the Village Board, and may be amended
from time to time. Such fee shall not exceed a reasonable approximation
of actual costs incurred, shall be limited to objectively reasonable
costs, and shall be uniform for similarly situated users of the right-of-way
in similar situations. In addition, a professional fee charge-back
agreement shall be signed to ensure compliance with Village ordinance
that professional fees incurred by the Village to review said applications
are paid, and the permit fee shall be established with this actual
professional fee cost recovery in mind, to avoid excess cost recovery.
3.
The applicant shall provide a detailed plan with structural engineering,
scale drawings, visual rendering, and a survey showing the exact location,
size, appurtances and/or attachments of the equipment or structure
to be placed in the right-of-way, along with the exact location of
all streets, sidewalks, utilities, trees, and any other obstructions
in the vicinity of the proposed installation, and the location of
structures on abutting properties.
4.
The applicant shall provide a detailed report describing potential
hazards to the public from said equipment, structure, and impacts
due to location on safety for the driving public, pedestrians, and
owners and users of adjacent property for such things as, but not
limited to, fall zone, fire, explosion, chemical and environmental
impacts, and vehicle crash impacts. Said report shall indicate the
risk of the safety hazard and the proposed design element to address
said safety hazard. The Director of Public Works may require the applicant's
report to be provided by a structural engineer or other expert approved
by the Director of Public Works, if the Director of Public Works deems
it to be necessary to have such an expert opinion in light of the
circumstances of the application, for the protection of public health
and safety, in which case the applicant shall provide such an opinion
at the applicant's cost.
5.
The plan must show how the installation and maintenance of said above-grade
right-of-way use will not impact snow or grass removal from the terrace,
sidewalk or street, or conflict with the operation or maintenance
of vehicular travel and existing utilities above or below ground.
6.
An alternative analysis shall be provided to show what options other
than locating above grade in the right-of-way exist and the approximate
costs of such alternatives.
(b)
Application process.
1.
The Director of Public Works shall review said permit application
and determine if all application materials have been submitted within
10 days of receipt of the initial application.
a.
If the application materials are not complete, the Village shall
provide written notice to the person on the application that said
application is incomplete. The applicant shall have up to 30 days
from the date of initial application to provide a complete application
or the application shall be deemed insufficient and denied. The Village
shall have 60 days to review and act on the permit from the date that
the Village determines the application is complete and all fees paid.
2.
Existing uses. Village staff shall determine whether to approve,
deny, or conditionally grant above-grade right-of-way permits for
any new installation, use, encroachment, obstruction or excavation
added to either a previously approved above-grade use or one that
was legally placed prior to September 4, 2019, unless the Village
Manager concludes the new installation, use, encroachment, obstruction,
or excavation may obstruct or incommode the public use, in which case
the application shall be subject to the procedures of Subsection (4)(b)3.
3.
New uses. All above-grade right-of-way permit applications other
than those described pursuant to Subsection 4(b)2, shall be considered
as follows.
a.
Plan Commission. Within a reasonable time after an application
and all required information have been filed, the matter shall be
referred to the Village Plan Commission for its review and recommendation
to the Village Board. The Plan Commission may choose to attend the
public hearing, described below, jointly with the Village Board prior
to making its recommendation.
b.
Public hearing. A public hearing shall be held by the Village
Board upon Class 2 notice and attempted mailed notice to all owners
of property located within 100 feet of the property lines of the proposed
location at least five days before the public hearing.
c.
The Village Board shall give consideration to the Plan Commission recommendation, the application, the testimony received at the public hearing, staff and expert reports, or other information as the Village Board determines appropriate. The Village Board shall consider public safety, alternative options, aesthetic considerations as described in Subsection (13), and the public good when considering an above-grade right-of-way permit. The Village Board may grant the permit, grant the permit with conditions, or deny the permit.
(5)
Right-of-way restoration. The work to be done under the permit, and
the repair and restoration of the right-of-way as required herein,
must be completed within the dates specified in the permit to the
satisfaction of the Director of Public Works or his or her designee.
In addition to repairing its own work, the permittee must restore
the general area of the work, and the surrounding areas, including
the paving and its foundations, to the same condition that existed
before the commencement of the work and must inspect the area of the
work and use reasonable care to maintain the same condition for 36
months thereafter.
The permittee shall perform repairs and restorations according
to the standards and with the materials specified by the Director
of Public Works or his or her designee. The Director of Public Works
or his or her designee shall have the authority to prescribe the manner
and extent of the restoration, and may do so in written procedures
of general application or on a case-by-case basis. The Director of
Public Works or his or her designee in exercising this authority shall
be guided by the following standards and considerations:
(a)
The number, size, depth and duration of the excavations, disruptions
or damage to the right-of-way.
(b)
The traffic volume carried by the right-of-way.
(c)
The character of the neighborhood surrounding the right-of-way; the
pre-excavation condition of the right-of-way.
(d)
The remaining life expectancy of the right-of-way affected by the
excavation.
(e)
Whether the relative cost of the method of restoration to the permittee
is in reasonable balance with the prevention of an accelerated depreciation
of the right-of-way that would otherwise result from the excavation,
disturbance or damage to the right-of-way.
(f)
The likelihood that the particular method of restoration would be
effective in slowing the depreciation of the right-of-way that would
otherwise take place.
Methods of restoration may include, but are not limited to,
patching, replacement of the right-of-way base, restoration of landscaping,
and milling and overlay of the entire area of the right-of-way affected
by the work. During this thirty-six-month period, it shall, upon notification
from the Director of Public Works or his or her designee, correct
all restoration work to the extent necessary using the method required
by the Director of Public Works or his or her designee. Said work
shall be completed within five calendar days of the receipt of the
notice from the Director of Public Works or his or her designee. If
the permittee fails to restore the right-of-way in the manner and
to the condition required by the Director of Public Works or his or
her designee, or fails to satisfactorily and timely complete all repairs
required by the Director of Public Works or his or her designee, the
Director of Public Works or his or her designee, at his or her option,
may do such work. In that event, the permittee shall pay to the Village,
within 30 days of billing, the cost of restoring the right-of-way.
(6)
Bond. Prior to commencing the work, any permittee performing work
within the right-of-way shall post a financial guarantee in an amount
approved by the Director of Public Works or his or her designee and
in a form approved by the Village Attorney, provided that the limitations
of § 66.0425(2), Wis. Stats., shall apply as applicable.
If, 36 months after completion of the restoration of the right-of-way,
the Director of Public Works or his or her designee determines that
the right-of-way has been properly restored, the surety on the performance
bond shall be released.
(7)
Indemnification agreement. Before any person, entity, or utility
commences work pursuant to this section, such person, entity or utility
shall file an agreement with the Village Clerk to hold the Village
harmless and indemnify and defend the Village from and against any
and all injury and damage of any kind caused or occurring as a result
of such work. The agreement shall be in a form approved by the Village
Attorney, and shall have continuing effect during the course of such
work and for all time that the obstruction or facilities or installation
remain within the right-of-way, and thereafter until such obstruction
is removed and the site is fully restored to the satisfaction of the
Director of Public Works or his or her designee.
(8)
Reservation of rights. The Village retains all rights in Village
right-of-way. The grant of a right-of-way permit per this section
does not constitute a waiver of any Village rights and remedies regarding
ongoing compliance obligations toward such installations. All persons,
entities and utilities installing obstructions, encroachments or conducting
excavation in Village right-of-way shall remove or relocate the obstruction,
encroachment or excavation upon 10 days' notice, except as otherwise
provided by law.
(9)
Compensation. The Village may require payment of compensation, in
an amount determined by the Village Board, for the grant of any permit
pursuant to this section, provided that compensation for more than
applicable fees and cost recovery shall not be required of utilities
that have the right to use the right-of-way by § 182.017(1r),
Wis. Stats. The compensation required shall be fair and reasonable,
competitively neutral and nondiscriminatory and designed to recover
direct and actual costs in connection with the installation, such
as the cost for staff to review the siting application, costs associated
with the use of the right-of-way, and costs associated with maintaining
the right-of-way itself or structures within the right-of-way to which
the facilities are attached, and these standards apply both to initial
fees and any recurring fees.
(10)
Waiver of deadlines. Timeline deadlines in this process may be waived
by written mutual agreement of the applicant and the Village.
(11)
Appeals. Any person who wishes to dispute actions taken by the Village pursuant to this § 8.05 may contact the Village Clerk and request to appear before the Village Board at an upcoming regular Village Board meeting and may, at that time, present the matter to the Village Board for resolution. Appeal from the decision of the Village Board shall be by writ of certiorari to the Milwaukee County Circuit Court.
(12)
Compliance with laws. Approval of a permit pursuant to this section
does not waive the requirement to comply with all other applicable
laws and ordinances. All applicable federal, state, Milwaukee County,
and Village of Greendale codes, statutes, regulations, administrative
rules, ordinances and other laws must be followed.
(13)
Aesthetic requirements. All users of the Village right-of-way shall
comply with the following aesthetic standards:
(a)
In areas where facilities are currently nonexistent or underground,
undergrounding is required.
(b)
No new above-ground structures, including co-locations on existing
structures, shall be placed within 500 feet of structures representative
of the greenbelt planned community development, which earned Greendale
designation as a National Historic Landmark by the U.S. Department
of the Interior. The historic structures subject to this requirement
are all structures built prior to 1945, unless the applicant can demonstrate
that a particular structure is not representative of the historic
greenbelt development. The 500-foot separation is waived for installations
that are completely concealed from view, or are not visible from locations
where the historic structure can be observed.
(c)
Attachments to existing structures shall be designed to be flush
with the existing structure as much as can reasonably be done, shall
be a color that matches the existing structure and shall be the smallest
size possible to reasonably accommodate the intended purpose. If the
structure to which the attachment is made changes color due to repainting,
resurfacing or other means, the attachment shall be modified to match
the new color.
(14)
Debris. Any debris arising from the permittee's use, whether arising from construction or at any time thereafter, must be promptly removed by the permittee. Debris remaining for more than five business days constitutes a violation of this section subject to the violations and penalties provisions of §§ 8.15 and 25.04 of this Code. Each day that the debris remains after such time constitutes a separate offense.
(1)
No person shall operate any vehicle exceeding 500
pounds in weight across any gutter, curb, parkway between curb and
sidewalk, sidewalk or pedestrian path, except at a permanently established
driveway in the Village, unless such person shall first construct
a suitable temporary way with cross planks. Such planks shall be no
less than two inches thick, eight inches wide, at least two feet longer
than the width of the vehicle that shall operate over them and free
from defects. Such planks shall be laid side by side with not more
than 3/4 inch intervening in such manner as to protect the surface
underneath and shall extend at least 12 inches over and beyond such
gutter, curb, parkway, sidewalk, or pedestrian path on each side thereof.
Such temporary planking shall be removed each day between 6:00 p.m.
and 7:00 a.m.
(2)
During all periods when such temporary way is in place,
danger signs with letters at least four inches in height so placed
as to call the attention of pedestrians to the hazard of the temporary
way shall be erected by the person placing the temporary way.
[Amended by Ord. No. 740]
(1)
No person except a Village employee, county highway
employee, state highway employee, or contractor employed by the Village
shall tear up, alter or work on any street, road or sidewalk in the
Village without a permit from the Director of Public Works.
(2)
The Director of Public Works may issue a permit to
any public utility that desires to tear up, repair, alter or work
on any street or sidewalk in the Village for the purpose of making
a utility installation or repairing an installation already made.
Such permit shall require the utility to return such street or sidewalk
to its previous condition.
(3)
No person shall obstruct or cause to be obstructed
in any manner any traveled portion of a street or sidewalk except
for an emergency situation without first obtaining a permit from the
Director of Public Works. Any portion of a street or sidewalk which
is obstructed by such permit shall be signed and barricaded in accordance
with the latest Manual on Uniform Traffic Control Devices for Streets
and Highways prepared by the United States Department of Transportation.
Such permit shall be immediately revoked if the conditions of the
permit are not fully complied with.
(4)
The person doing the work contemplated by this section
shall file a certificate of insurance with the Village Clerk-Treasurer
giving evidence of liability insurance in the amount of $1,000,000
bodily injury and property damage aggregate. Such insurance shall
not be canceled or reduced without the insurer giving 10 days' prior
written notice to the Village Clerk-Treasurer. Cancellation or reduction
of insurance shall automatically suspend the permit, and no further
work shall be done under such permit until a new certificate of insurance
complying herewith is filed with the Village Clerk-Treasurer.
(5)
A minimum fee established from time to time by separate
resolution of the Village Board shall be charged for each excavation
permit issued by the Director of Public Works for the issuance of
an excavation permit on any street or sidewalk.[1] The fees obtained for the issuance of such permits shall
be credited to the Greendale Water Utility and Sanitary Sewer Utility
accounts. All costs for permanent repair necessitated by any excavation
shall be the responsibility of the party taking out the road excavation
permit.
[Amended 1-17-2023 by Ord. No. 945]
[1]
Editor's Note: The Fee Schedule is on file in the Village
offices.
(1)
Purpose. It is the policy of the Village to regulate
and control the planting, transplanting, removal, maintenance and
protection of trees and shrubs in the Village in order to eliminate
and guard against dangerous conditions which may result in injury
to persons using the streets, alleys and sidewalks or property of
the Village; to promote and enhance the beauty and general welfare
of the Village; to prevent damage to any public sewer, water main,
street, sidewalk or other public property; to protect trees and shrubs
located in public areas from undesirable and unsafe planting, removal,
treatment and maintenance practices; and to guard all trees and shrubs
within the Village against the spread of disease or pests. It is the
intent of the Village Board that the provisions of this section shall
apply to all trees, shrubs and plants growing or hereinafter planted
in or upon any public right-of-way or other premises owned or controlled
by the Village and also to all trees or shrubs growing or to be planted
in or upon any private premises which shall threaten the lives, health,
safety or welfare of the public or of the property owned or controlled
by the Village.
(2)
PERSON
PUBLIC TREES AND SHRUBS
Definitions. Whenever the following words or terms
are used in this section, they shall be construed to have the following
meaning:
Person, firm, association or corporation.
All trees or shrubs located or to be planted on any park,
playground or any other property owned or controlled by the Village
or on any public street, alley, sidewalk or highway within a public
right-of-way.
(4)
Master street tree list. The Director of Public Works
shall prepare a master street tree list showing the varieties or species
of all acceptable public trees growing or to be planted in the public
right-of-way within the Village. Such list shall be submitted to the
Committee on Public Works, Streets, Roads and Public Utilities of
the Village for its review annually. No person shall hereafter plant
any public tree or shrub in a public place in the Village unless it
is of the species or variety therein designated. The Director of Public
Works may waive the requirements of this subsection in cases where
such waiver is in the public interest or necessitated by the physical
characteristics of the tree or shrub.
(5)
Injury to trees and shrubs prohibited. No person shall
do, or cause to be done by others, any of the following acts:
(a)
Secure, fasten or run any rope, wire, sign, unprotected
electrical installation or other device or material (except necessary
bracing) to, around or through a tree or shrub.
(b)
Break, injure, mutilate, deface, kill, destroy or
permit any fire to burn where it will injure any tree or shrub.
(c)
Permit any toxic chemical, gas, smoke, salt brine,
oil or other injurious substance to seep, drain or to be emptied upon
any tree or shrub.
(d)
Erect, alter, repair or raze any building or structure
without placing suitable guards around all nearby public trees or
shrubs which may be injured by such operations.
(e)
Knowingly permit any unprotected electrical service
wires to come in prolonged contact with any public tree or shrub.
(f)
Remove any guard, stake or other device or material
intended for the protection of a public tree or shrub or close or
obstruct any open space about the base of a public tree or shrub designed
to permit access of air, water and fertilizer.
(6)
Obstruction of view at intersections prohibited. Notwithstanding
any other provision of this chapter, no person shall maintain, plant
or permit to remain on any private or public premises situated at
the intersection of two or more streets or alleys in the Village any
hedge, tree, shrub or other growth which may obstruct the view of
the operator of any motor vehicle approaching such intersection to
the extent that such operator is unable to observe other vehicles
or pedestrians approaching or crossing the intersection. Any such
hedge, tree, shrub or growth is hereby declared to be a public nuisance.
(7)
Authority to preserve or remove public trees and shrubs
and abate public nuisances.
(a)
Authority over public trees and shrubs. The Director
of Public Works shall have the authority to plant, trim, spray, preserve,
renew and remove public trees and shrubs or cause such work to be
done as may be necessary to ensure the safety or preserve the symmetry
and beauty of public streets or grounds and to protect the public
sidewalks, streets, sewers and mains from damage or injury.
(b)
Authority over private trees and shrubs.
1.
Notice to abate nuisances. Whenever the Director of
Public Works shall find on examination that any tree or shrub or part
thereof growing or located upon private premises is a public nuisance
as defined in this section, or which endangers the life, health, safety
or property of the public, or which is infested with parasites or
insect pests or disease which may spread or scatter to public trees
and shrubs, he shall order the owner or his agent in writing that
the nuisance must be sprayed, removed or otherwise abated as directed
in the order within the time specified, which shall not be less than
30 days unless the Director shall determine that immediate correction
or removal is necessary for public safety.
2.
Abatement by Village. If the owner of such premises
or his agent shall refuse or neglect to comply with the notice within
the time specified, the Director may cause the nuisance to be sprayed,
removed or otherwise abated. In addition to any penalty imposed, the
cost to the Village for abating the nuisance shall be collected as
a debt from the owner, occupant or person creating or maintaining
the nuisance, and if notice to abate the nuisance has been given to
the owner, such cost shall be assessed against the real estate as
a special charge.[3]
[3]
Editor's Note: Amended at time of adoption
of Code (see Code Adoption Ordinance).
[Added by Ord. No. 610]
Any person occupying any real estate shall seed
or sod, plant and maintain the unpaved area within the street right-of-way
between the extended lot lines and the center of such right-of-way.
All weeds and grass shall be kept cut to a height not to exceed one
foot. If any person fails to comply with this section, the Director
of Public Works may cause the necessary work to be done and the cost
thereof shall be a lien against the property and shall be inserted
in the tax roll as a special charge against the property. Unoccupied
real estate shall be the responsibility of the property owner.
[Added 9-7-1982; amended by Ord. No. 610]
The cost of constructing and installing streetlighting
in any street, alley, highway or public walk in the Village shall
be charged in whole or in part to the property benefited thereby,
pursuant to § 66.0703, Wis. Stats.
[1]
Editor's Note: Original § 8.11, which contained the text of a charter ordinance adopted 4-2-1991 regarding shoulder, street or sidewalk installation or widening; curb and gutter installation; streetlighting installation; and tree or shrub removal within the right-of-way, has been removed. The text of this charter ordinance is included in Ch. A70.
[Amended by Ord. No. 610]
Any person who shall violate any provision of this chapter shall be subject to the penalty provided in § 25.04 of this Code. Each violation and each day a violation continues or occurs shall constitute a separate offense. This section shall not preclude the Village from maintaining any appropriate action to prevent or remove a violation of this chapter.
