Village of Dresser, WI
Polk County
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(1) 
Adopted. Pursuant to § 62.23(6), Wis. Stats., the Official Map of the Village is hereby adopted by reference. The Official Map and amendments thereto shall be kept in the office of the Clerk-Treasurer and recorded as required by law.
(2) 
Amendments to Official Map:
(3) 
Annexations to Village: Ord. Number 31, 96, 121, 166.
(1) 
Establishment. The grade of all streets and alleys shall be established by the Village Board and recorded by the Clerk-Treasurer in his office. No street or alley shall be worked or sidewalk constructed until the grade thereof is established.
(2) 
Alteration of grade prohibited. No person shall alter the grade of any street, alley, sidewalk or public ground, or any part thereof, in the Village unless authorized or instructed to do so by the Village Board or the Public Works Committee. All such alterations of grade shall be recorded in the office of the Clerk-Treasurer.
(1) 
Permit required. No person shall, without first obtaining a permit from the Clerk-Treasurer, make any opening in any street, alley, sidewalk or any public way within the Village. No permit shall be granted when the ground is frozen unless the Public Works Committee determines such opening is necessary.
(2) 
Application. Application for a permit shall be made on a form supplied by the Clerk-Treasurer. The application shall be accompanied by a signed agreement to save the Village harmless from any liability arising from the work or activity covered by the permit, the fee provided in sub. (3) below and a written description of the work, including a sketch designating the trench location.
(3) 
Fee. The permit fee shall be $10.
(4) 
Insurance. A certificate of insurance evidencing that the applicant has in force and will maintain during the term of the permit public liability insurance of not less than $500,000 for any one person, $1,000,000 for any one accident and $50,000 for property damage.
(5) 
Requirements for the protection of the public. Every permittee shall enclose each opening which he may make in the streets or public ways of the Village with sufficient barricades and barricade lights in order to warn the traveling public.
(6) 
Excavation, refilling and repaving requirements. The permittee shall comply with all Village Board rules and regulations governing excavation, refilling and repaving and shall be responsible for any costs incurred by the Village. The permittee shall make a determination whether or not sheathing and bracing shall be required. The permittee shall notify the Village Board when repaving has been completed. In the event caving occurs within one year of the completion of the project, the permittee shall be responsible for restoring the street.
(7) 
Emergency excavations authorized. In the event of an emergency, any person owning or controlling any sewer, conduit or utility in or under any street 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 shall immediately notify the Village President or the Police Chief and shall apply for an excavation permit not later than the end of the next succeeding business day.
(8) 
Village work excluded. The provisions of this section shall not apply to excavation work done by Village employees or contractors performing work under contract with the Village necessitating excavation in Village streets.
(1) 
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 sub. (2) below.
(2) 
Exceptions. The prohibition of sub. (1) above shall not apply to the following:
(a) 
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 and alley.
(b) 
Awnings which do not extend below any point seven feet above the sidewalk, street or alley.
(c) 
Public utility encroachments authorized by the Village.
(d) 
Goods, wares and merchandise which do not extend more than three feet on a sidewalk.
(e) 
Building materials when placed upon the street, alley or sidewalk upon conditions prescribed by the Public Works Committee. It may require such materials to be protected by barricades or appropriate lights.
(f) 
Excavations and openings permitted under sec. 8.03 of this chapter.
(1) 
Sidewalks to be kept clear. The owner, occupant or person in charge of each and every building or structure or unoccupied lot in the Village fronting or abutting any street shall clean, or cause to be cleaned, the sidewalk in front of or adjoining each such building or unoccupied lot of snow or ice to the width of such sidewalk within 24 hours after the cessation of a snowstorm. When the ice has formed on any sidewalk so that it cannot be immediately removed, the persons herein referred to shall keep the same sprinkled with salt, ashes, sawdust or sand.
(2) 
Deposit in street prohibited. No person shall deposit, or cause to be deposited, any snow or ice taken and removed from his premises or elsewhere upon any sidewalk, alley, parkway, public place or street in the Village, provided, however, that the removal of snow from a sidewalk in front of or abutting his premises, as is required in sub. (1) above, may be deposited on the alley or street. Snow shall not be piled at or near intersections so as to obstruct the view of pedestrians or operators of motor vehicles.
(3) 
Removal by Village. The deposit of any snow or ice upon any sidewalk, alley or street of the Village contrary to the provisions of this section shall be and is declared to be a nuisance and, in addition to the penalty provided for violation of this section, the Village may summarily remove any snow so deposited and cause the cost of said removal to be charged to the owner of the property from which said snow or ice has been removed. If not paid within 30 days, such charge shall be extended upon the current or next tax roll as a charge for current services, as provided in § 66.0627, Wis. Stats.
All utilities and sewer and water mains and service laterals to the abutting property shall be installed before any street is permanently surfaced or resurfaced.
(1) 
General application.
(a) 
The installation of any public improvement shall be an exercise of the police power of the Village, as may from time to time be determined by the Village Board, and the property served shall be assessed pursuant to the provisions of §§ 66.0703 and 66.0701, respectively, Wis. Stats.
(b) 
The total cost of any public improvement to be paid in whole or in part by special assessment shall include the direct and indirect costs reasonably attributable thereto including, but not limited to, materials, supplies, labor, equipment, site preparation and restoration, damages occasioned by the public improvement, interest on bonds or notes issued in anticipation of the collection of assessments, and a reasonable charge for engineering, legal and administrative costs.
(c) 
The total assessment for any public improvement shall be based upon the total cost, as defined in par. (b) above, and shall be apportioned among the individual parcels benefited. Such apportionment shall generally be computed on a lineal frontage basis unless the Village Board otherwise determines that extenuating circumstances require a different method of apportionment.
(2) 
Sewer and water mains.
(a) 
All sewer and water main extensions shall be constructed by the Village in accordance with specifications established by the Village Board.
(b) 
Special assessments for all sewer and water main extensions shall be levied at 100% of the total cost of construction.
(3) 
Streets. Streets shall be constructed by the Village in accordance with specifications established by the Village Board. Street widths shall be in accordance with the width indicated on the Official Map.
(4) 
Curb and gutter.
(a) 
Curb and gutter shall be constructed by the Village in accordance with specifications established by the Village Board.
(b) 
Special assessments for all new curb and gutter shall be levied at 100% of the total cost and replacement curb and gutter shall be assessed at 100% of the total cost.
[Amended by Ord. No. 202]
(5) 
Sidewalks.
(a) 
The sidewalk shall be located in such places and at such grades as designated by the Village Board and shall be constructed in accordance with standards established by the Village Board.
(b) 
Special assessments for all new sidewalks shall be 100% of the total cost and replacement sidewalks shall be levied at 100% of the total cost.
(1) 
Alternate method selected. As provided in § 66.0701, Wis. Stats., in addition to other methods provided by law, special assessments for any public work or improvement may be levied by alternate methods. The Village Board hereby elects to levy such special assessments as provided in this section.
(2) 
Preliminary resolution. Whenever the Village Board shall determine that any public work or improvement shall be financed in whole or in part by special assessments levied under this section, it shall adopt a preliminary resolution setting forth the following:
(a) 
Its intent to exercise its police powers for the purpose of levying special assessments for the stated municipal purpose.
(b) 
The limits of the proposed assessment district.
(c) 
The time, either before or after completion of the work or improvement, when the amount of such assessments shall be determined and levied.
(d) 
The number of installments in which the special assessments may be paid, or that the number of installments shall be determined after the public hearing required by sub. (4) below, and shall be included in the final resolution.
(e) 
The rate of interest to be charged on the unpaid installments or that the rate of interest will be determined after the public hearing required by sub. (4) below, and shall be included in the final resolution.
(f) 
The terms on which any of such assessments may be deferred while no use of the improvement is made in connection with the property, or that such terms will be determined after the public hearing required by sub. (4) below, and will be included in the final resolution.
(g) 
The Village Engineer shall prepare a report as required by sub. (3) below.
(3) 
Report of Village engineer. Whenever the Village Board, by preliminary resolution, directs the Village Engineer to prepare a report, the Village Engineer shall prepare a report consisting of the following:
(a) 
Preliminary or final plans and specifications for the public work.
(b) 
An estimate of the entire cost of the proposed work or improvement, except that when the Village Board determines by preliminary resolution that the hearing on such assessments shall be held subsequent to the completion of the work or improvement, the report shall contain a statement of the final cost of the work, service or improvement in lieu of an estimate of such costs.
(c) 
A schedule of the proposed assessments.
(d) 
A statement that each property against which the assessments are proposed has been inspected and is benefited, setting forth the basis for such benefit.
(e) 
Upon completion of the report, the Village Engineer shall file a copy of the report with the Clerk-Treasurer.
(4) 
Incorporation of statutory provisions. The provisions of § 66.0703, Wis. Stats., including those related to notice, hearing and the adoption of a final resolution shall, to the extent not inconsistent with this section, apply to special assessments levied under this section.
(5) 
Lien. Every special assessment levied under this section shall be a lien against the property assessed from the date of the final resolution of the Village Board determining the amount of such levy.
(1) 
Permit required. No person shall construct any new driveway across any sidewalk or curbing without first obtaining a driveway permit from the Clerk-Treasurer. The applicant for a driveway permit shall file the application with the Clerk-Treasurer and furnish a drawing designating his property lines, the location and width of the proposed driveway and the location of any driveway and street intersection within 150 feet of the proposed driveway. The measurement above and elsewhere in this section shall be made from the point where the proposed driveway intersects with the road or street right-of-way, then along such road or street right-of-way for the required distance.
[Amended 11-5-2012 by Ord. No. 239-2012]
(2) 
Fee. The fee for a driveway permit is $10 and shall accompany the application.
(3) 
Specifications for driveway construction.
(a) 
Width. No driveway shall exceed 20 feet in width at the outer or street edge of the sidewalk unless approved by the Village Board.
(b) 
Interference with intersections prohibited. At street intersections, a driveway shall not provide direct ingress or egress to or from the street intersection area and shall not occupy areas of the roadway deemed necessary by the Village Board for effective traffic control or for highway signs or signals. All applications providing for location of a driveway within 50 feet of an intersection in residential districts and 150 feet in commercial and industrial districts shall be submitted to the Village Board. The Board shall approve or disapprove the granting of the permit upon determining whether or not such driveway would be detrimental to traffic control and safety.
(c) 
Interference with street prohibited. No driveway apron shall extend out into the street farther than the face of the curb or roadway surface.
(d) 
Number of driveways limited. No more than one driveway shall be constructed for any residential lot or premises without the approval of the Village Board.
(e) 
Workmanship and materials. All driveway entrances and approaches which are constructed across sidewalks shall be paved in accordance with the requirements for sidewalk construction in sec. 8.07(5) of this chapter. When curb or gutter is removed, the new connection shall be of equivalent acceptable material and curb returns shall be provided or restored in a neat workmanlike manner. Driveway surfaces shall connect with the street pavement and sidewalk in a neat workmanlike manner.
(4) 
Culverts required. The maintenance personnel or the Public Works Committee shall determine if a culvert shall be required in conjunction with any driveway construction. The property owner shall be responsible for the cost of the culvert and installation.
(1) 
Permit required. No person shall move any building into or within the Village without a permit from the Clerk-Treasurer upon 30 days' notice.
(2) 
Application. Application for a permit shall be made on a form provided by the Clerk-Treasurer.
(3) 
Permit fee. For any building that is moved by use of heavy moving trucks or rollers, the fee shall be $50. For any building that is moved by the use of common carrier trucks or skids, the fee shall be $5.
[Amended by Ord. No. 147]
(4) 
Bond required. Before a permit is issued, the mover must give a bond in the amount of $10,000 with good and sufficient sureties to be approved by the Village Attorney conditioned that the mover shall save the Village harmless from any liability arising out of the move and shall restore any street damaged by the move. This provision may be waived for small buildings.
(5) 
Insurance required. Before a moving permit shall be issued, the applicant shall submit to the Clerk-Treasurer a certificate of insurance evidencing that the applicant has in force and will maintain during the term of the permit public liability insurance of not less than $500,000 for any one person, $1,000,000 for any one accident and $50,000 for property damage.
(6) 
Notice to utilities. Prior to the issuance of said permit, the owner or mover shall certify that he has notified all public utilities whose lines or poles may be interfered with during the movement of the building. Such utilities shall take whatever steps are necessary to permit the building to be moved without damage to its lines and poles and may charge the permittee the cost thereof.
(7) 
Inspection and repair of streets and highways. Every permittee shall, within one day after reaching his destination, report that fact to the Village maintenance personnel. The maintenance personnel shall thereupon inspect the streets and highways over which said building has been moved and ascertain their condition. If the moving of said building has caused any damage to the streets or highways, the house mover shall forthwith place them in as good condition as they were before the permit was granted. Upon failure of the house mover to do so within 10 days thereafter to the satisfaction of the Public Works Committee, the Village shall repair the damage done to such streets and highways and hold the sureties of the bond given by the house mover responsible for the payment of the same.
[Added by Ord. No. 124]
As a complete alternative to the requirements established by §§ 61.54 and 61.55, Wis. Stats., § 62.15 shall be applicable to Village contracts. The authority vested in the Board of Public Works by § 62.15 shall be exercised by the Village Board or as delegated by the Village Board.
[Added by Ord. No. 165; amended by Ord. No. 168]
The Village Board shall have the power to regulate its public parks, parkways, boulevards and pleasure drives and may, in that regard, exercise all the powers of a board of park commissioners as set forth in § 27.08, Wis. Stats., and may, further, regulate all trees within the Village so as to prevent the spread of disease or pests and to eliminate dangerous conditions pursuant to § 27.09(3), (4) and (7), Wis. Stats.
(1) 
Policy. It is the policy of the Village to regulate the planting, removal, maintenance and protection of trees and shrubs in the Village; to eliminate and guard against dangerous conditions which may result in injury to persons using the public and abutting private areas of the Village; to promote and enhance the beauty of the Village; to prevent damage to any public sewer or water main, street, sidewalk or other public property; to protect trees and shrubs located in public areas from undesirable and unsafe planting, removal, maintenance and protection practices; and to guard all trees and shrubs within the Village against the spread of disease or pests. The provisions of this section shall apply to all trees and shrubs presently or hereafter planted in or upon any public area and to all trees and shrubs presently or hereafter planted in or upon private premises which shall endanger the life, health or safety of persons or property.
(2) 
Definitions.
(a) 
CALIPER INCHES — The diameter of a trunk stem measured at six inches above ground level up to four inches caliper size and measured 12 inches above ground level for larger sizes.
(b) 
PROPERTY OWNER — The record owner or contract purchaser of any parcel of land.
(c) 
TREES, SHRUBS AND OTHER PLANTS — All vegetation, woody or otherwise, except lawn grass and flowers less than 24 inches in height.
(d) 
VILLAGE-OWNED PROPERTY — Property within the Village limits and owned by the Village in fee simple absolute or used for public parks, parkways, boulevards or pleasure drives or implied or expressly dedicated to the public for present or future use for the enumerated purposes or for the purposes of vehicular or pedestrian traffic or for public easements.
(3) 
Public nuisances declared. See ch. 10 of this Code.
(4) 
Removal of public nuisances. See ch. 10 of this Code.
(5) 
Tree and shrub planting regulated.
(a) 
No person shall plant a tree or shrub on Village property or cause work to be done by others without first obtaining a written permit for such work from the Village.
(b) 
Any person who applies for a permit shall make the application in writing on Village forms.
(c) 
The permit holder shall be responsible for contacting digger's hotline to inform them of any excavation necessary to plant trees or shrubs prior to causing any excavation.
(d) 
The minimum size of any tree planted by permit shall be 0.75 caliper inches.
(6) 
Care of trees on Village property.
(a) 
No person other than employees of the Village or its agents or contractors shall:
1. 
Trim, prune or remove any healthy tree or shrub or portion thereof on Village property.
2. 
Damage, cut, tap, carve or transplant any healthy tree, shrub or other plant located on Village property.
3. 
Permanently attach any sign, rope, poster or other man-made object to any tree, shrub or other plant on Village property.
(b) 
Notwithstanding the preceding subsection, nothing in this section shall have the effect of relieving the owner of property abutting any park, parkway, boulevard or pleasure drive, which persons are deemed to have a property interest in shade and ornamental trees on and along such parks, parkways, boulevards or pleasure drives from the duty of or liability for failing to remove dangerous trees or tree limbs when the person has, or reasonably should have, knowledge of any nuisance covered under ch. 10 of this Code whether or not such nuisance is actually located or exists upon Village property.
(7) 
Right-of-way clearance. See Ch. 10 of this Code.
(8) 
Interference prohibited. It is unlawful to interfere with Village employees or contractors during their work marking, removing, planting or maintaining public trees, shrubs and public nuisances.
(9) 
Appeals.
(a) 
Unless provided for elsewhere in this Code or by statute, a person aggrieved by the application of the regulations of this section shall have the right to seek the administrative appeal of any determination of the Village Board in the regulation of urban forestry under ch. 6 of this Code.
(b) 
A person aggrieved by the application of the regulations of this section as to any special assessment for the provision, improvement or change of any park, parkway, boulevard or pleasure drive, shall be entitled to appeal such determination of the Village Board by seeking the remedy provided for in § 27.10(4)(f), Wis. Stats.
(10) 
Penalty. The penalty for a violation of any provision of this section shall be a penalty as provided in sec. 8.15 of this chapter.
The penalty for violation of any provision of this chapter shall be a penalty as provided in sec. 25.04 of this Code. A separate offense shall be deemed committed on each day on which a violation of this chapter occurs or continues.