[Adopted 4-5-1988 as Title 4, Ch. 2, of the 1988 Code]
No owner or occupant shall allow the sidewalk abutting on his
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 Village Board, the Board may cause the same to be
done and report the cost thereof to the Village Clerk-Treasurer, who
shall spread the cost on the tax roll as a special tax against the
premises, or such cost may be recovered in an action against the owner
or occupant.
A.
The total cost of all work involved in the original construction,
replacement or repair of sidewalks deemed a necessity by the Village
will be assumed by the Village. Any sidewalk construction that is
requested by the property owner(s) that is deemed only a convenience
to the property owner(s) will be assessed to property owner(s).[1]
B.
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 seven days before work is
proposed to be undertaken. No fee shall be charged for such permits.
C.
Specifications. All sidewalks within the Village hereafter shall
be repaired, rebuilt and constructed in accordance with the following
specifications:
(1)
Subgrade. The subgrade shall be prepared by excavating to the line,
grade and cross section as established by the Director of Public Works
and approved by the Village Board or its designated committee. Soft
and unsuitable material shall be removed and replaced with sand or
other satisfactory material, and the subgrade shall be thoroughly
and uniformly compacted and moistened immediately before the concrete
is placed. When so specified by the Village Board or its designee,
a subbase of sand, sand and gravel or other approved porous material
shall be placed under the sidewalk. On embankments, the subgrade shall
extend at least one foot beyond each edge of the sidewalk.
(2)
Material. All sidewalks shall be of air-entrained concrete composed
of six bags per cubic yard of one course construction and built to
the established line and grade. Gravel shall be of good quality. Concrete
shall be mixed thoroughly for a minimum of one minute after all materials
have been placed in the mixer.
(3)
Forms.
(a)
Concrete shall be placed in straight forms of wood or metal
of sufficient strength to resist springing, tipping or other displacement
during the process of depositing and consolidating the concrete. Wood
forms shall be surfaced plank of at least two inches' thickness except
for sharply curved sections. Metal forms shall be of approved section.
The forms shall be of full depth of the required walk and shall be
of such design as to permit secure fastening. Forms shall be thoroughly
cleaned and oiled before the concrete is placed against them. Concrete
shall be placed in the forms on a moist subgrade, deposited just above
the finished grade and consolidated and spaded sufficiently to bring
the mortar to the surface and to prevent honeycombing. It shall then
be struck off level with the top of the forms and finished with wooden
flats.
(b)
To provide adequate drainage, the sidewalk shall slope toward
the curb at a minimum rate of 1/4 inch per foot of width of sidewalk.
All joints and edges shall be finished with a one-fourth-inch radius
edging tool. Sidewalks shall be constructed within the limits of the
street, and unless otherwise specifically indicated, there shall be
a one-foot strip of street property left between the property line
and the edge of the sidewalk.
(4)
Width and thickness. Residential walks shall be five feet in width
and not less than four inches thick except within driveway approaches,
where the minimum thickness shall be six inches, provided that walks
in residential areas may be repaired or replaced to a width not less
than the existing width on the effective date of this section. Sidewalks
in front of commercial or industrial establishments shall be not less
than six feet in width and five inches in thickness except within
driveway approaches, where the minimum thickness shall be seven inches.
(5)
Finishing. Before the last finish has set, the sidewalk shall be
steel troweled and brushed in transverse direction. Before the final
finishing, the surface shall be checked with a ten-foot straight edge
and any areas departing more than 1/8 inch from the testing edge shall
be corrected by adding or removing concrete while the concrete in
the walk is still plastic.
(6)
Jointing. Transverse, full depth, one-half-inch-thick expansion joints
of premolded expansion material shall be located every 40 feet and
at the property line, and where the walk intersects another walk,
curbline, building or driveway approach, and at buildings, walls,
poles and stop boxes. The expansion joint material shall be placed
in a neat and workmanlike manner with its upper edge slightly below
the finished sidewalk surface. Dummy groove joints for controlled
cracking, at least 3/8 inch in thickness and 5/16 inch in depth, shall
be placed at intervals of approximately four feet. All joints shall
be at right angles to the direction and grade of the walk. Diagonal
joints may be used only when approved by the Village Board or its
designee.
(7)
Curing and drying. As soon as any of the concrete work hereinbefore
mentioned has been finished and hardened sufficiently to prevent excessive
marring of the surface, it shall be cured and protected against rapid
drying. Failure to comply with this requirement shall be deemed sufficient
cause for suspension of the work. Curing shall be accomplished by
the "impervious coating," "wet fabric" or "paper" methods. For impervious
coating or membrane curing, only those materials meeting requirements
of ASTM Specs. C156-44T, "Method of Test for Efficiency of Materials
for Curing Concrete," shall be used. Said specifications are hereby
adopted by reference as if fully set forth herein. Walks shall be
kept free from all traffic at normal temperatures for 48 hours and
in cold weather (below 50° F.) for 96 hours. No concrete shall
be poured when the temperature may be expected to fall below 35°
F. in any seventy-two-hour period or upon frozen subgrade.
D.
Sidewalk repair or replacement. Pursuant to § 66.0907,
Wis. Stats., the Village Board may order 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 for a period of 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.
E.
Unsafe sidewalks. The Village Board may at any time, by ordinance
or resolution, order any sidewalk which is unsafe, defective or insufficient
to be removed and replaced with a sidewalk in accordance with the
standard specifications provided for in this section.
F.
Construction and repair of concrete curb and gutter. The provisions
of § 66.0703, Wis. Stats., shall be followed in the case
of the construction and repair of concrete curb and gutter, provided
that, when curb and gutter replacements are necessary, the cost will
be borne completely by the Village.
A.
Permit required. No persons, partnership or corporation, or their
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 Tigerton without a permit therefor from the Village
Clerk-Treasurer.
B.
Fees. The fees for a street opening permit for excavation into pavement
or for any excavation other than pavement on any street or right-of-way
shall be as set from time to time by the Village Board. The fee shall
be paid to the Village Clerk-Treasurer, who shall issue a receipt
therefor.[1]
C.
Insurance required. A permit shall be issued only upon condition
that the applicant submit to the Village Clerk-Treasurer 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 $100,000 per one person, $300,000 for one accident
and property damage coverage of not less than $50,000. The Village
shall be listed as a third party insured on the policy.
D.
Bond.
(1)
Before a permit for excavating or opening any street or public way
may be issued, the applicant must sign a statement in that he will
indemnify and save harmless the Village of Tigerton 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 Village Board for a
period of two years, and that he will pay all forfeitures imposed
upon him for any violation of any rule, regulation or ordinance governing
street openings or drainlaying 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 one year.
(2)
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 the amount of $10,000.
(3)
Whenever the Village Board shall find that any such work has become
defective within two years of the date of completion, it 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 Village Board 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.
(4)
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 when the ground is frozen except where it
is deemed necessary by the Director of Public Works.
B.
Removal of paving. In any opening or excavation all paving or ballasting
materials shall be removed with the least possible loss of or injury
to surfacing materials and together with the excavated materials from
the opening shall be placed so as to cause the least practicable inconvenience
to the public and permit free flow of water along gutters.
C.
Protection of public.
(1)
Every opening and excavation shall be enclosed with sufficient barriers.
Sufficient warning lights shall be kept on from sunset to sunrise.
Such lights shall be spaced so as to give adequate warning of the
existence of the opening and of piled excavated materials. No open-flame
warning pots 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 nor left unfilled more than
500 feet 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 cost 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.
D.
Replacing street surface. In opening any public street, public alley,
public sidewalk, public way, public easement, or public ground, the
paving materials, sand, gravel and earth or other material moved or
penetrated, and all surface monuments or hubs must be removed and
replaced as nearly as possible in their original condition or position
and with the same relation to the remainder as before. Any excavated
material which in the opinion of the Village Board or its designee
is not suitable for refilling shall be replaced with approved backfill
material. All rubbish shall be immediately removed. In refilling the
opening, the earth must be puddled or laid in layers in depth as recommended
by the Engineer, and each layer rammed, tamped or flushed to prevent
after-settling. When the sides of the trench will not stand perpendicular,
sheathing and braces must be used to prevent caving. No timber, bracing,
lagging, sheathing or other lumber shall be left in any trench. The
Village may elect to have the opening for any street or sidewalk repaired
by the Village, in which case the cost of making such repair and of
maintaining it for one year shall be charged to the person making
the street opening.[2]
E.
Notice. It shall be the duty of the permittee to notify the Village
Clerk-Treasurer and/or Director of Public Works, all public and private
individuals, firms and corporations affected by the work to be done
at least 24 hours before such work is to commence. The Village shall
also be notified at least four hours prior to backfilling and/or restoring
the surface.
F.
Validity of permit. Unless the work shall be commenced within 30
days of the issuance of the permit, the permit shall be void, and
a new permit must be obtained and an additional fee charged. The Village
Board or its designee may extend the time limitation for good cause.
G.
Backfilling. It shall be the duty of the permittee to backfill the
opening immediately upon completion of the work and to place at least
five inches of traffic bind or similar material in the opening unless
otherwise advised by the Village. It shall be the duty of the permittee
to maintain the opening in good condition for a period of six months
after the completion of the work or until the surface has been restored.
The Village Board or its designee shall decide when within said six-month
period the opening is ready for paving if a paving surface is required.
If the surface is not restored within a period of 10 days or such
longer period as determined by the Village Board or its designee,
the Village may restore the surface and bill the permittee therefor.
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 agents and employees may take immediate proper
emergency measures to remedy dangerous conditions for the protection
of property, life, health or safety without obtaining an excavation
permit, provided that such person, firm or corporation shall apply
for an excavation permit not later than the next business day.
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 Village shall notify in writing
each person, utility, Village department 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 Village
Board, an emergency exists which makes it absolutely essential that
the permit be issued.
J.
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 Village Clerk-Treasurer, 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 applicant
proposes to use in doing the work. The Village Clerk-Treasurer shall
determine if sufficient information is submitted.
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 Subsection B.
B.
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1)
Signs or clocks attached to buildings which project no more than
six feet from the face of such building and which do not extend below
any point 10 feet above the sidewalk, street or alley.
(2)
Awnings now built and extending over any sidewalk at a height of
less than seven feet above the sidewalk, street or alley.
(3)
Public utility encroachments duly authorized by state law or by the
Village Board.
(4)
Goods, wares, merchandise or fixtures being loaded or unloaded which
do not extend more than three feet on a sidewalk, provided such goods,
wares, etc., do not remain thereon for more than three hours.
(5)
Temporary encroachments or obstructions authorized by permit under § 476-8 of this article, pursuant to § 66.0425, Wis. Stats.
(6)
Building materials for the period authorized by the Village Board,
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 flow in the gutters.
The provisions set forth in § 66.0425, Wis. Stats.,
Privileges in Streets, are adopted by reference and shall apply in
the Village.
A.
Owner's responsibility. The owner, occupant or person in charge
of each and every building or structure or unoccupied lot in the Village
of Tigerton fronting or abutting any street shall clean or cause to
be cleaned the sidewalk in front of or adjoining each such home, building
or unoccupied lot, as the case may be, of snow or ice to the width
of such sidewalk within 24 hours after the snow has ceased to fall
and shall cause the same to be kept clear from ice and snow, provided
that, 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, sawdust or sand.
B.
Village's option to clear sidewalks. In any case where the owner,
occupant or person in charge of any building or structure or unoccupied
lot shall fail to clear his or her respective sidewalks of snow and
ice as set forth above, then and in that event, the Village may elect
to clear said sidewalks as follows:
(1)
Written notice shall be personally served, delivered or mailed informing
said person of his or her failure to clear said sidewalk, the Village's
intention to clear the same, and the potential costs thereof, no less
than 12 hours prior to the Village's clearing of said sidewalk.
(2)
The Village shall clear or cause to be cleared all snow and ice from
the subject's sidewalk and shall charge the expenses of so doing
at a rate as established by resolution by the Village Board. The charges
shall be set forth in a statement to the Clerk-Treasurer who, in turn,
shall mail the same to the owner, occupant or person in charge of
the subject premises. If said statement is not paid in full within
30 days thereafter, the statement shall be reported to the Clerk-Treasurer,
who shall enter the charges in the tax roll as a special tax against
said lot or parcel of land, and the same shall be collected in all
respects like other taxes upon real estate, or as provided under § 66.0907(3)(f),
Wisconsin Statutes.
C.
Deposit of snow on streets or sidewalks. 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 by Subsection A, 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.
D.
Penalty. As an alternative to the remedy provided in Subsection B above, or in addition thereto, the Village may impose a penalty for violation of any provision of this section, providing that the person who violates any of the provisions of this section shall forfeit and pay to the Village a forfeiture of not less than $25 nor more than $500, together with the costs of prosecution for each offense. A separate offense shall be deemed committed during each day (24 hours) or part thereof during which a violation occurs or continues.
B.
Noxious weeds; paving. All that part of the terrace not covered by
a sidewalk shall be kept free and clear of all noxious weeds and shall
not be paved, surfaced or covered with any material which shall prevent
the growth of plants and shall be maintained as a lawn, except in
areas specifically approved by the Village Board or its designee.
C.
Responsibility to maintain. Every owner of land in the Village whose
land abuts a terrace is required to maintain, or have maintained by
his tenant, the terrace directly abutting such land as provided in
this section and elsewhere in this Code. Every owner shall keep mailboxes
located on a terrace free and clear of snow.
D.
Street rights-of-way. Any tree, shrub, hedge, fence or other obstruction planted or constructed within the right-of-way of any Village street shall be done at the property owner's risk and shall be in accordance with the provisions of Chapter 493, Trees and Shrubs, of the Code of the Village of Tigerton. In the event any street is widened or sidewalk constructed, any such planting or obstruction shall be removed at the property owner's expense.
All vaults under sidewalks in the Village shall be constructed
of brick, concrete block, or poured concrete. The surface opening
into the street shall be within three feet of the outer edge of the
sidewalk or the curb. The slab over such vault shall be able to withstand
a load of 250 pounds per square foot of slab area. The owner of any
lot or parcel of land adjoining such vault shall maintain such vault
and slab over in a safe condition and at his own expense.
No downspouts from any building shall terminate on or upon or in such position that the contents of such spout be cast upon or flow back or over any public sidewalk in the Village. When the eaves of any 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 the Code of the Village of Tigerton.[1]
Requests or petitions by Village property owners for new streets,
curb and gutter, and sidewalks shall be presented to the Village Board
on or before October 1 to be considered for installation in the following
year.
