[Adopted 1-8-1988 as Title 4, Ch. 2 of the 1988 Code]
A.
Board may order. The Village Board may determine that
sidewalks, curb and gutter and suitable street surface material may
be constructed, laid, rebuilt or repaired along or upon any public
street, right-of-way or highway within the Village. The Village Board
may determine or change the width or grade of any street or sidewalk.
B.
Owner or Village to construct.
(1)
It shall be the duty of the abutting owner to build, repair, construct and rebuild streets, curb and gutter, or sidewalks along or upon any street, alley or highway in the Village of Siren and to pay the entire cost of construction thereof. Such costs shall include expenditures for engineering, excavations, gravel and driveway approaches. Alternatively, the Village Board may determine to have the work performed by Village personnel and charge the cost thereof to the property owner in accordance with Subsection B(2) of this section.[2]
(2)
Whenever the Village Board shall by resolution determine
that a sidewalk be laid, rebuilt, repaired, lowered or raised along
or upon any public street, alley or highway within the Village, it
shall proceed according to § 66.0907, Sidewalks, § 66.0703,
Special assessments, or § 66.0727, Special assessments against
railroad for street improvement, Wis. Stats. Other projects shall
be assessed to abutting property owners pursuant to § 66.0703,
Wis. Stats.[3]
(3)
Sidewalks shall be located in such places as designated
by the Director of Public Works. No person shall remove any sidewalk
without the permission of the Director of Public Works.
C.
Sidewalk permit required. No person shall hereafter
lay, remove, replace or repair any public sidewalk within the Village
unless he is under contract with the Village to do such work or has
obtained a permit therefor from the Village Clerk-Treasurer at least
three days before work is proposed to be undertaken. A fee as set
by the Village Board shall be charged for such permit.
D.
Specifications. Sidewalks, streets and curb and gutter
shall be constructed in accordance with the specifications adopted
by the Village Board and on file with the Director of Public Works
unless such ordinance or resolution ordering the sidewalk construction
establishes a specific standard therefor.
E.
Repair or replacement of defective sidewalks. Pursuant
to § 66.0907, Wis. Stats., the Village Board may order at
any time property owners to repair or remove and replace any sidewalk
which is unsafe, defective or insufficient. If the property owner
shall fail to so repair or remove and replace such sidewalk within
20 days after service of the notice provided in § 66.0907(3)(c),
Wis. Stats., the Village Board shall repair or construct such sidewalk
and the Village Clerk-Treasurer shall enter the total cost thereof
upon the tax roll as a special 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 make repairs within seven days. If the property owner shall
fail to repair such sidewalk within the required period, the Village
Board shall make the necessary repairs and the Village Clerk-Treasurer
shall enter the total cost thereof on the tax roll as a special tax
against said parcel.[4]
F.
Illegal sidewalks. No sidewalk which shall be constructed
contrary to the provisions of this section shall be considered a legal
sidewalk, and the same may be ordered to be replaced with a legal
sidewalk and with one that is in conformity with this section the
same as if no sidewalk whatever had been built or constructed in the
place where any such sidewalk is located.
A.
Permit required. No person, partnership or corporation,
or his or its agents or employees or contractors, shall make or cause
to be made any opening or excavation in any public street, public
alley, public way, public ground, public sidewalk or Village-owned
easement within the Village of Siren without a permit therefor from
the Clerk-Treasurer with approval by the Director of Public Works.[1]
B.
Application for permit. The application for a permit
shall be in writing and signed by the applicant or his agent. The
applicant shall submit to the Director of Public Works, at the time
the permit is applied for, sufficient information relating to the
work to be done, including the general location and nature of the
work and the method the applicant proposes to use in doing the work.
The Director of Public Works shall determine if sufficient information
is submitted.
C.
Exception. The provisions of this section shall not
apply to Village excavation work done under the direction of the Director
of Public Works.
D.
Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 464-6G for pavement replacement.
E.
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 as set by the Village Board. Permit renewals
shall be issued at the discretion of the Department of Public Works.
F.
Village standards; fees.
(1)
Village standards. All street work shall be performed
in accordance with the current standard specifications for street
openings. Any damaged curb and gutter, sidewalk or grass-covered area
shall be restored to the condition prior to damage.
G.
Insurance required.[3]
(1)
Insurance
requirements for public utilities shall meet the conditions of Ch.
PSC 130, Wis. Adm. Code.
(2)
For
other than public utilities, 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 Village of Siren as the third-party insured.
H.
Bond.
(1)
Bond requirements for public utilities shall meet
the conditions of Ch. PSC 130, Wis. Adm. Code. For all other applicants,
before a permit for excavating or opening any street or public way
may be issued, the applicant must sign a statement that he will indemnify
and save harmless the Village of Siren and its officers from all liability
for accidents and damage caused by any of the work covered by his
permit and that he will fill up and place in good and safe condition
all excavations and openings made in the street and will replace and
restore the pavement over any opening he may make as near as can be
to the state and condition in which he found it and keep and maintain
the same in such condition, normal wear and tear excepted, to the
satisfaction of the Director of Public Works for a period of two years
and that he will pay all fines or forfeitures imposed upon him for
any violation of any rule, regulation or ordinance governing street
openings or drain laying adopted by the Village Board and will repair
any damage done to existing improvements during the progress of the
excavation in accordance with the ordinances, rules and regulations
of the Village. Such statement shall also guarantee that, if the Village
shall elect to make the street repair, the person opening the street
will pay all costs of making such repair and of maintaining the same
for two years.[4]
(2)
Faulty work or materials shall be immediately replaced
by the permittee upon notice by the Village. Failure to correct deficiencies
shall result in a one-year revocation of the right to obtain a street
opening permit. The Village shall repair the deficiencies and bill
the permittee for all labor, materials and equipment used plus 20%
for administration.
(3)
The person who does such restoration shall be responsible
therefor for two years from the date of the completion of the work
and shall file a written guarantee or surety bond to that effect with
the Village in an amount determined by the Director of Public Works.
(4)
Whenever the Director of Public Works shall find that
any such work has become defective within two years of the date of
completion, he shall give written notice thereof to the contractor
or to his surety stating the defect, the work to be done, the cost
thereof and the period of time deemed by the Director of Public Works
to be reasonably necessary to complete said work. After receipt of
such notice, the contractor or the surety must, within the time specified,
repair the defect or indemnify the Village for the cost of doing the
work as set forth in the notice.
(5)
An annual bond may be given under this section covering
all excavation work done by the principal for one year beginning January
1, which shall be conditioned as specified above and in the amount
determined by the Village Board as necessary to adequately protect
the public and the Village.
A.
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.
B.
Protection of public.
(1)
Every opening and excavation shall be enclosed with
sufficient barriers, signs, and such other traffic control devices
as may be required by the Director of Public Works and in accordance
with Part 6 of the latest version of the Manual on 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, 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]
(2)
All necessary precautions shall be taken to guard
the public effectively from accidents or damage to persons or property
through the period of the work. Each person making such opening shall
be held liable for all damages, including costs incurred by the Village
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 employees of any necessary precaution against injury or damage
to persons, vehicles or property of any kind.
(3)
Unless otherwise approved, a minimum of one lane of
traffic in each direction shall be provided. Every effort shall be
made on the part of the permittee to provide reasonable access to
all properties adjacent to his project. In the event 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.
(4)
The permittee shall perform the work in such a manner so as not to disrupt the flow of traffic in the area or endanger the safety of workmen or passersby. It shall be the responsibility of the permittee to prevent traffic backup during construction operation. The permittee shall notify the Police Department 24 hours prior to commencement of excavation of the location and extent of the excavation, unless the excavation is an emergency excavation as identified in Subsection H.
(5)
When the operations will result in the loss of any utility service to private properties, the private properties shall be notified in writing or by personal contact at least 12 hours prior to the loss of service, unless the operations are part of an emergency excavation as defined in Subsection H.
C.
Pavement removal.
(1)
Removal of existing pavement shall be to neat, straight
lines. The permittee shall make a final saw cut in the existing pavement
after backfilling. Excavations shall be kept to the minimum possible
and acceptable for the convenience and safe performance of his work
and in accordance with all applicable codes and regulations.
(2)
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 shall, on the basis
of an on-site inspection, approximate the boundaries of the pavement
replacement area.
(3)
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 to or at right angles to the
direction of travel.
(4)
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.
D.
Excavation.
(1)
All excavated material shall be piled in a manner
such that pedestrian and motor traffic is not unnecessarily disrupted.
Gutters shall be kept clear or other satisfactory provisions made
for street drainage, and natural watercourses shall not be obstructed.
(2)
Excavated material to be used for backfilling of the
trench must be so handled and placed as to be of as little inconvenience
as practical to public travel and adjoining tenants.
E.
Backfilling.
(1)
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.
(2)
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.
(3)
Wherever an excavation crosses an existing utility,
pipe or other structure, backfill shall be carefully compacted in
stages from the bottom of the excavation. Any sanitary sewer, storm
sewer, water, telephone, natural gas or other service shall not be
interrupted by the permittee. It shall be the permittee's responsibility
to have the various utilities locate and mark their facilities prior
to excavation.
(4)
Mechanical compaction shall be used on all materials
used for trench backfill. Each layer (twelve-inch maximum) shall be
uniformly compacted to a dry density of at least 95% of the maximum
dry density as determined by the Modified Proctor Test (ASTM-1557).
Compaction or consolidation by flooding shall not be permitted.
(5)
All excavations shall be subject to testing by the
Village. Backfilled material not achieving the above compaction requirements
shall be removed and recompacted by the permittee. The cost of any
retesting shall be paid by the permittee.
(6)
When the sides of the trench will not stand perpendicular,
sheathing and braces shall be used to prevent caving. No timber, bracing,
lagging, sheathing or other lumber shall be left in any trench. At
no time shall any street pavements be permitted to overhang the excavation.
F.
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.
G.
Pavement replacement.[2]
(1)
Streets, driveways and sidewalks shall be restored
to meet Village design and construction standards.
(2)
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.
H.
Emergency excavation. In the event of an emergency,
any person, firm or corporation owning or controlling any sewer, gas
main, water main, conduit or other utility in or under any public
street, alley, easement, way or ground and his or its agents and employees
make take immediate proper emergency measures to remedy dangerous
conditions for the protection of property, life, health or safety
without obtaining an excavation permit, provided that such person,
firm or corporation shall apply for an excavation permit not later
than the next business day and shall notify the Police Department
immediately.
I.
Excavation in new streets limited. Whenever the Village
Board determines to provide for the permanent improvement or repaving
of any street, such determination shall be made not less than 30 days
before the work of improvement or repaving shall begin. Immediately
after such determination by the Village Board, the Director of Public
Works 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 Director of Public Works, conditions exist which make it absolutely
essential that the permit be issued. Every effort shall be made to
place gas, electric, telephone and television cable lines in street
terraces.
A.
Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in Subsections B and C.
B.
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1)
Temporary encroachments or obstructions authorized by permit under § 464-8 of this article pursuant to § 66.0425, Wis. Stats.
(2)
Building materials for the period authorized by the
Building Inspector which shall not obstruct more than 1/2 of the sidewalk
or more than 1/3 of the traveled portion of the street and which do
not interfere with the flow in the gutters.
C.
Issuance of permit.
(1)
The Village Clerk-Treasurer 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 Village
with proof of liability insurance coverage. The insurance coverage
shall be an amount of not less than $100,000 per occurrence, and the
policy shall specifically state that it includes coverage for the
fixtures located on the Village sidewalks. In addition, the Village
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
Village 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.
(2)
Upon reviewing the permit application, if it is determined
by the Village Clerk-Treasurer that all of the above requirements
have been met, he shall issue the permit. Said permit may be revoked
by the Village President, Director of Public Works, Village Clerk-Treasurer
or any Village law enforcement officer ("Village enforcement officials")
at any time when one or more of the above requirements are not complied
with or if he determines that the placement of the fixture(s) endangers
the safety of the pedestrians who utilize the sidewalks.
D.
Removal by Village of sidewalk obstructions and encroachments.
In addition to any other penalty imposed, if any Village enforcement
official determines that a sidewalk is unlawfully obstructed in violation
of this section, he shall issue a written notice to the owner or occupant
of the premises which adjoins the obstructed sidewalk directing that
the obstruction be removed within 24 hours.
E.
Removal by Village of obstructions and encroachments
located in the Village streets, alleys, public grounds or lands dedicated
for public use. In addition to any other penalty imposed, if any Village
enforcement official determines that a Village street, alley, public
grounds or land dedicated for public use is obstructed or encumbered,
he shall issue a written notice to the property owner of the premises
which adjoins the obstructed public area directing that the obstruction
be removed within 24 hours.
F.
Failure to remove obstruction.
(1)
If the owner or occupant fails to remove the obstruction within the time period established in Subsection D or E, respectively, any Village enforcement official shall cause the removal of the obstruction, keeping an account of the expense of the abatement, and such expenses shall be charged to and paid by such property owner. Notice of the bill for abatement of the obstruction shall be mailed to the owner of the premises and shall be payable within 10 calendar days from receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the Village Clerk-Treasurer shall enter those charges onto the tax roll as a special tax as provided by the state statutes.
(2)
The failure of the Village Clerk-Treasurer to record
such claim or to mail such notice or the failure of the owner to receive
such notice shall not affect the right to place the Village expense
on the tax rolls for unpaid bills for abating the obstruction as provided
for in this section.
A.
When required. Permits for the use of the streets,
alleys, sidewalks or other public ways or places of the Village may
be granted to applicants by the Village Clerk-Treasurer for the purpose
of 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 Village Clerk-Treasurer shall request
advisory recommendations from the Chief of Police and Director of
Public Works prior to issuance of the permit. Village officials may
attach conditions to the permit, including proof of liability insurance.
B.
Bond. No street privilege permit shall be issued until
the applicant shall execute and file with the Village Clerk-Treasurer
a bond in an amount determined by the Director of Public Works, not
exceeding $20,000, conditioned that the applicant will indemnify and
save harmless the Village from all liability for accidents or damage
caused by reason of operations under said permit and will remove such
encumbrance upon termination of the operations and will leave the
vacated premises in a clean and sanitary condition and repair any
and all damage to the streets, alleys, sidewalks or public property
of the Village resulting from such building operations.
C.
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,
or removal 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 or Chief of Police for violation thereof:
(1)
Such temporary obstruction shall cover not more than
1/3 of any street or alley.
(2)
Obstructions shall be sufficiently lighted at night
so as to be in full view of the public from all directions.
(3)
Sidewalk traffic shall not be interrupted, but temporary
sidewalks of not less than four feet in width guarded by a closed
fence at least four feet high on both sides may be maintained during
the period of occupancy.
(4)
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.
(5)
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.
D.
Termination. All street privilege permits shall automatically
terminate at the end of three months from the date of issuance unless
an earlier termination date is specified thereon at the direction
of the Village Clerk-Treasurer.
E.
Removal by Village. 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 notice from the Director of Public Works or Chief of
Police to do so, it shall be the duty of the Director of Public Works
or Chief of Police to remove such obstruction and make return of the
costs and expenses thereof to the Village Clerk-Treasurer, who shall
enter such cost on the next annual tax roll as a special charge against
the property abutting such obstructed sidewalk, and such sum shall
be levied and collected as other special taxes against real estate.
A.
Removal from sidewalks. The owner, occupant or person
in charge of any parcel or lot which fronts upon or adjoins 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 sidewalks shall be cleared of all accumulated
snow and/or ice within 24 hours from the time the snow ceases to accumulate
on said sidewalk. Sidewalks 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 sand
and/or salt to permit safe travel by pedestrians.
B.
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 Village law enforcement officers shall take the following action:
(1)
Hazardous conditions. If the Director of Public Works
or Village 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 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 within two
hours from 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
that a hazardous condition existed which required immediately abatement.
(2)
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 B(1), 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 when possible or mailed to the last known address of the owner of the subject property as identified on the records in the Village Clerk-Treasurer's office.
(3)
Snow and ice not to encroach. No person shall push,
shove or in any way deposit any snow or ice onto any public street,
alley, sidewalk or public lands dedicated to public use except for
parcels or lots located where existing buildings are constructed within
five feet of the street right-of-way and the sidewalks exist from
the Village right-of-way to the curbline. In such instances, the owners,
occupants and/or employees of parcels or lots shall be permitted to
deposit snow and ice from their sidewalks onto the public streets.
C.
Enforcement. The Director of Public Works, his designees
and all sworn police officers are hereby authorized and directed to
enforce the provisions of this section.
D.
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.
E.
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.
F.
Expense. An account of the expenses incurred by the
Village to abate the snow and/or ice hazard shall be kept, and such
expenses shall be charged to and paid by the parcel or lot owner.
Notice of the bill for the removal of snow and/or ice shall be mailed
to the last known address of the owner of the parcel or lot, and the
bill shall be payable within 10 calendar days from the receipt thereof.
Within 60 days after such costs and expenses are incurred and remain
unpaid, the Village Clerk-Treasurer shall enter those charges onto
the tax roll as a special tax as provided by § 66.0907(5),
Wis. Stats.
B.
Noxious weeds; paving. All that part of the terrace
area not covered by a sidewalk shall be kept free and clear of all
noxious weeds and shall not be paved, surfaced or covered with any
material which shall prevent the growth of plants and shall be maintained
as a lawn, except in areas specifically approved by the Village Board
or its designee.
C.
Responsibility to maintain. Every owner of land in
the Village whose land abuts a terrace area is required to maintain,
or have maintained by his tenant, the terrace area directly abutting
such land as provided in this section and elsewhere in this Code.
Every owner shall keep mailboxes located on a terrace area free and
clear of snow.
All vaults and cisterns under sidewalks shall
be prohibited.
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 Village. 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 § 1-4 of this Code.
A.
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 Village 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 Village Clerk-Treasurer. 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 Village
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.
B.
Procedure.
(1)
Application for a special event vending permit shall
be filed with the Village Clerk-Treasurer and shall contain such information
as the Village Clerk-Treasurer may require. Permits shall be signed
by the Village 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 Village Clerk-Treasurer with a complete
list of sponsors and participants at the time of making application.[1]
(2)
Upon receipt of an application for a permit, the Village
Clerk-Treasurer 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 Village Clerk-Treasurer's
opinion, he or she shall approve the permit or approve it conditionally.
If the applicable requirements are not clearly and unambiguously met,
in the Village Clerk-Treasurer's opinion, he or she shall state
the matters in doubt in writing to the applicant within three days
of the time of making application.
(3)
The Village Board shall review appeals of the denial
of the application by the Village Clerk-Treasurer and may either deny
the permit, approve the permit or approve the permit conditionally.
Appeal requests shall be filed with the Village Clerk-Treasurer within
seven days of the Clerk-Treasurer's decision.
C.
Conditions of permit. In addition to any other conditions
imposed by the Village Board, all permittees shall fully comply with
the following requirements:
(1)
Liability insurance. To hold a valid permit, the vendor
must have in force adequate liability insurance. Adequate liability
insurance is liability insurance holding the Village and its employees
and agents harmless and indemnifying and defending the Village, its
employees and agents against all claims, liability, loss, damage or
expense incurred by the Village 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 Village 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 Village upon cancellation or nonrenewal or material change
in the policy. Proof of insurance shall be submitted to the Village
Clerk-Treasurer a minimum of seven days before the start of the event.
(2)
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 review and approval
a minimum of seven days before the start of the event.
(4)
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 Village regulations, including but not limited
to regulations pertaining to the issuance of special Class "B" fermented
malt beverage licenses.[3]
Requests or petitions by Village property owners
for new streets, street resurfacing, curb and gutter, storm sewers,
utility work and sidewalks shall be presented to the Village Board
on or before August 1 to be considered for installation in the following
year.
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.
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 or occupant thereof.
A.
Buildings to have street numbers. Each principal building
in the Village shall be assigned an official street number by the
Police Chief. The applicant for a building permit for a new building
shall apply for assignment of a street number.[1]
B.
Street numbers to be displayed. The owner, occupant, or agent in charge of the premises shall cause to be affixed and to be maintained when so affixed to each principal building controlled by him the official street number assigned to that building as provided in Subsection A hereof. The physical numbers provided herein shall be not less than 2 1/2 inches high on a background of not less than three inches. Said physical numbers shall be provided by the Village Clerk-Treasurer's office, if requested, at cost. Each required number shall be affixed on the particular building in such a location that it may be easily and readily seen by a person of ordinary eyesight on the public street or highway upon which the building abuts. For buildings abutting also on a public alley, the street number shall also be affixed in such location that it may be seen in like manner from such alley.
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.
A.
Special assessments and charges. The Village may,
at any time, construct or have constructed curb and gutter in the
Village. As a complete alternative to any other methods provided by
law, the Village may collect for said curb and gutter in the manner
and by the procedure provided by § 66.0701 and/or 66.0703,
Wis. Stats.
B.
Alternative methods.
(1)
Petition. Any taxpayer and property owner in the Village
may petition the Village for the installation of curb and gutter abutting
property owned by said petitioner in said Village.
(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 to pay
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 Village
Board, the Board shall have the exclusive discretion to accept or
reject the same. The Board may refer said petition or may table it,
but in any event the Board shall act upon the same in some manner
within six months of receipt of said petition.
(2)
Resolution of intent. In the event that the Village
should desire to construct curb and gutter in any area of the Village,
the Village Board may adopt a resolution of intent to install said
curb and gutter and assess the costs thereof to the abutting property
owners as provided in § 66.0703, Wis. Stats.
C.
Types of curb and gutter. All curbs and gutters shall
conform to the construction standards adopted by the Village Board
and on file with the Director of Public Works.
D.
Liability for repair thereof. Whenever curb and gutter
are installed, all property owners receiving the benefits thereof
shall be responsible and liable for all replacements, repairs, damage
and maintenance during any period of construction on the property
against which it abuts. Any expense for additional width of road made
necessary by blacktop curb and gutter shall be the responsibility
of and shall be paid for by the abutting property owner.
E.
Entered on tax rolls. Any and all costs of replacement, repair and maintenance of curb and gutter incurred within two years after installation thereof or damage thereto during construction, as provided in Subsection D above, shall be charged to the lot or parcel of land affected thereby pursuant to § 66.0703, Wis. Stats.
