No owner or occupant shall allow the sidewalk abutting on his/her
premises to be littered with rubbish or dirt. If such owner or occupant
shall refuse or fail to remove any such rubbish or dirt when notified
to do so by the Common Council, or its designee, the City may cause
the same to be done and report the cost thereof to the City Administrator/Clerk-Treasurer
who shall enter the cost on the tax roll as a special tax against
the premises, pursuant to § 66.0627, Wis. Stats., or such
cost may be recovered in an action against the owner or occupant.
All cement curb and gutter hereafter rebuilt or constructed
in the City of Princeton shall be constructed according to the following
specifications:
A. Establishment. No curb and gutter shall be worked until the grade
thereof has been established according to the records on file in the
office of the City Administrator/Clerk-Treasurer. No person shall
alter the grade of any curb and gutter within the City of Princeton
by any means whatsoever, unless authorized or instructed to do so
by the Common Council or the Director of Public Works.
B. Cost. The cost of curb and gutter construction, reconstruction or repair shall be as prescribed in §
49-34 of Chapter
49, Article
II, Special Assessments.
C. Permit required. No person shall hereafter lay, remove, replace,
or repair any curb and gutter within the City of Princeton unless
he/she is under contract with the City to do such work or has obtained
a permit therefor from the Director of Public Works at least three
days prior to the proposed construction. No fee shall be charged for
such permit.
D. Specifications. All curb and gutter within the City of Princeton hereafter shall be repaired, rebuilt and constructed in accordance with §
322-5D. Curb ramping shall conform to the standards in § 66.0909, Wis. Stats.
[Amended 3-14-2006 by Ord. No. 2006-01, 5-22-2007 by Ord. No. 2007-06; 2-27-2018 by Ord. No. 03-2018; 8-28-2018 by Ord. No. 05-2018]
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/she 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 a street privilege permit under §
322-10 pursuant to § 66.0425, Wis. Stats.
(2) Building materials for the period authorized by the Common Council,
Building Inspector, or authorized designee, 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.
(3) Excavations and openings permitted under §§
322-7 and
322-8 of this article.
(4) Awnings which do not extend below any point seven feet above the
sidewalk, street or alley.
(5) Public utility encroachments duly authorized by state law or the
Common Council.
(6) Temporary obstructions authorized by permit pursuant to Subsection
C.
(7) Goods, wares, merchandise, or fixtures being loaded or unloaded which
do not extend more than three feet on the sidewalk, provided such
goods, wares, etc., do not remain thereon for a period of more than
two hours.
(8) Signs or clocks attached to buildings which do not extend further
than permitted by the City Zoning Code from the face of such building
and which do not extend below any point 10 feet above the sidewalk,
street or alley.
(9) Storage of commercial items pursuant to Subsection
C.
C. Storage or display of commercial items on sidewalks and rights-of-way.
(1) No person shall place, store or display or cause to be placed, stored
or displayed on any sidewalk, as defined in Ch. 340, Wis. Stats.,
any objects for sale or rent nor any advertisement for such objects
or for services nor any substance or material of any nature used or
to be used by or on behalf of an adjacent retail establishment, which
shall include, but is not limited to, such items as signs, cafe tables
and chairs, except as set forth below.
(2) No person shall place, store or display or cause to be placed, stored or displayed within the travel zone of any sidewalk as defined in Subsection
D any objects for sale or rent nor any advertisement for such objects or for services nor any substance or material of any nature used or to be used by or on behalf of an adjacent retail establishment, which shall include, but is not limited to, such items as signs, cafe tables and chairs.
D. Travel and furnishing zone.
(1) Travel zone. In areas where the sidewalk abuts the property, a zone
measuring five feet out from the established property line shall be
designated for the purposes of pedestrian traffic.
(2) Furnishing zone. The area from the edge of the travel zone to the street shall be designated as the furnishing zone. This area may be used for the placement of items pursuant to Subsection
C.
(3) Variance. A property owner who is aggrieved by this regulation can
petition the Common Council for consideration of a variance to the
regulation. This variance shall be continual year to year provided
there is no deviation to what was originally presented to the Common
Council, and the variance is not revoked. Should the business decide
to make changes from what was originally approved, the property owner
shall petition the Common Council for an amendment to the variance.
Variances are valid January 1 through December 31, annually.
E. Removal by City for sidewalk obstructions and encroachments. In addition to any other penalty imposed, if a City police officer, Director of Public Works or Zoning Administrator, or any designee determines that a sidewalk is unlawfully obstructed in violation of this section, he/she shall issue a written notice to the owner and occupant of the premises which adjoins the obstructed sidewalk directing that the obstruction be removed within 24 hours. After one twenty-four-hour notice is provided to the owner and occupant pursuant to this section, no further twenty-four-hour notice need be given to the owner and occupant; if another violation occurs within one year of the prior notice being provided, the appropriate City official may issue a citation and/or remove the obstruction pursuant to Subsection
G(1) below.
F. Removal by City for obstruction and encroachments located in the City streets, alleys, public grounds or lands dedicated for public use. In addition to any other penalty imposed, if a City police officer, Director of Public Works or Zoning Administrator or any designee determines that a City street, alley, public grounds or land dedicated for public use is obstructed or encumbered, he/she shall issue a written notice to the property owner of the premises which adjoin the obstructed public area directing that the obstruction be removed within 24 hours. After one twenty-four-hour notice is provided to the owner and occupant pursuant to this section, no further twenty-four-hour notice need be given to the owner and occupant; if another violation occurs within one year of the prior notice being provided, the appropriate City official may issue a citation and/or remove the obstruction pursuant to Subsection
G(1) below.
G. Failure to remove obstruction.
(1) If the owner or occupant fails to remove the obstruction within the time period established in Subsection
E or
F, respectively, or if it is a second violation within one year and no notice need be provided to the owner and occupant, a citation may be issued and a City police officer, Director of Public Works or Zoning Administrator or any designee shall cause the removal of the obstruction, keeping an account of the expense of the abatement, and such expenses shall be charged to and paid by such property owner. Notice of the bill for abatement of the obstruction shall be mailed to the owner of the premises and shall be payable within 10 calendar days from receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the City Administrator/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 City Administrator/Clerk-Treasurer to record such
claim or to mail such notice or the failure of the owner to receive
such notice shall not affect the right to place the City expense on
the tax rolls for unpaid bills for abating the obstruction as provided
for in this section.
(3) If a property owner received a variance from the Common Council for
the placement of items within the designated travel zone which violates
this section or any part of the variance, upon proper notice to the
owner and occupant, the variance which was granted shall be revoked
for the remainder of the year.
H. Penalty. Any person who shall violate or interfere with the enforcement of any of the provisions of this section and shall be found guilty thereof shall be subject to a penalty as provided in §
1-3 of Chapter
1, Article
I, General Penalty.
All vaults and cisterns under sidewalks shall be prohibited.
Requests or petitions by City property owners for new streets,
street resurfacing, curb and gutter, storm sewers, utility work and
sidewalks shall be presented to the Common Council on or before September
15 to be considered for installation in the following year.
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, alley,
or upon any public property or upon any property of another, without
the express permission of the owner of occupant thereof. Such unlawful
material or obstruction may be removed by the City and the cost thereof
billed to the violator pursuant to § 66.0627, Wis. Stats.
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.
The statutory provisions in the following enumerated sections
of the Wisconsin Statutes, exclusive of any provisions therein relating
to the penalties to be imposed or the punishment for violation of
said statutes, are hereby adopted and, by reference, made a part of
this section. Any act required to be performed or prohibited by any
regulation incorporated herein by reference is required or prohibited
by this section. Any future amendments, revisions or modifications
of the statutory regulations incorporated herein are intended to be
made part of this section.
A. Section 82.19, Highways, Discontinuance of.
B. Section 66.1035, Streets, Right of Abutting Owners.
C. Section 86.03, Trees On and Adjacent to Highways.
D. Section 86.04, Highway Encroachments.
E. Section 86.05, Highways, Duty to Restore Entrances.
F. Section 86.06, Highways, Closing to Travel.
G. Section 86.07, Highways, Depositing Rubbish or Digging In.
H. Section 86.105, Driveways, Snow Removal.
I. Section 86.19, Highway Signs, Regulation, Prohibition.
All grass clippings from lawn mowing or other sources shall
not be allowed to blow upon or accumulate in significant quantities
upon any public street in the City of Princeton where such grass clippings
could wash into any storm sewer drainage inlet. Such grass clippings
shall be considered a public nuisance.