Village of East Troy, WI Article II General Regulations

[Adopted 4-3-2000 by Ord. No. 2000-2 as Title 6, Ch. 2, of the 2000 Code]

§ 423-4 Removal of rubbish and dirt from sidewalks.

[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]

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 Village Board or its designee, the Village Board or its designee may cause the same to be done and report the cost thereof to the Village Clerk, who shall spread the cost on the tax roll as a special charge against the premises, pursuant to § 66.0627, Wis. Stats., or such cost may be recovered in an action against the owner or occupant.

§ 423-5 Construction and repair of sidewalks.

A. State statute adopted. Section 66.0907, Wis. Stats., is adopted by reference and made a part of this section as if fully set forth in this section. The Village Board or Director of Public Works shall perform the duties of the Board of Public Works as that term is used in the statute designated in this section.

[Amended 6-15-2015 by Ord. No. 2015-02]

B. Board may order. The Village Board may determine that sidewalks 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.

C. Apportionment of sidewalk costs.

(1) Sidewalks which are new shall be paid for by the Village.

(2) Sidewalk repair and/or replacement shall be paid 50% by the abutting property owner and the Village shall pay the other 50%.

(3) The Village Board may provide, by resolution, that the expense be paid in up to five annual installments, all as specified in § 66.0907, Wis. Stats.

(4) Notwithstanding the provisions of Subsection C(1) and (2) of this section, the Village shall pay for sidewalk construction, reconstruction and/or repair for sidewalks located in street intersections. This subsection shall not apply to new sidewalks in new subdivisions.

(5) Sidewalks in new subdivisions shall be installed by the developer pursuant to Chapter 495, Subdivision of Land, of this Code.

D. Permit required. No person shall hereafter lay, remove, replace or repair any public sidewalk within the Village of East Troy unless he/she is under contract with the Village to do such work or has obtained a permit therefor from the Director of Public Works or Building Inspector at least seven days before work is proposed to be undertaken.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

E. Standard specifications for sidewalk.

(1) General. Concrete sidewalk construction shall meet the specifications and provisions set forth in this section and shall be constructed in locations and to line and grade as established by the Village.

(2) Grading. Prior to construction, ground on which sidewalks are to be placed shall be brought to within three inches of subgrade by the contractor.

(3) Subgrade. Subgrade shall be four inches of sand, gravel or crushed stone and fill, thoroughly and uniformly compacted and brought to correct grade before placing of concrete, and thoroughly wet down immediately before concrete is placed. Soft and unsuitable subgrade 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.

(4) Concrete. All sidewalks shall be of one course air-entrained concrete, four inches in thickness, composed of six sacks (94 pounds each) of cement per cubic yard of concrete. All sidewalks which are used as a driveway shall be constructed as described in this section, except that they shall have a minimum thickness of six inches. Concrete shall test 2,000 pounds compression in 28 days. Bituminous sidewalks are prohibited.

(5) Jointing. Expansion joints 1/2 inch thick and four feet wide shall be placed at fifty-foot maximum intervals. At all places where a walk intersects another walk or curbline, a one-half-inch expansion joint shall be placed.

(6) Slope.

(a) All sidewalks constructed or repaired in the Village shall conform to the line and grade established by the ordinances of the Village. The minimum slope from the top of the curb (either existing or established by ordinance) to the street side of the sidewalk shall be 1/4 inch per foot. The maximum slope from the top of the curb as described in this subsection to the street side of the sidewalk shall be one inch per foot. The sidewalk grade shall, in all cases, be parallel to the grade of the top of the curb. The slope of the sidewalk from the street side to the property side shall be 1/4 inch per foot.

(b) In cases where the grade exceeds 15%, steps or special construction shall be required to fit the existing conditions. Such details shall be prepared by the Village Engineer and approved by the Village Board before construction of the walk is started.

(c) All joints and edges shall be finished with a one-fourth-inch radius edging tool.

(d) Sidewalks shall be constructed within the limits of the street, and, unless otherwise specifically indicated, there shall be a six-inch strip of street property left between the property line and the edge of the sidewalk.

(7) Width and thickness.

(a) All residential sidewalks in the Village shall be four feet in width.

(b) The width of the sidewalks in commercial areas shall be as determined by the Village Board.

(c) Residential walks shall be not less than four inches thick, except within driveway approaches, where the minimum thickness shall be six inches. Sidewalks in front of commercial or industrial establishments shall be not less than five inches in thickness, except within driveway approaches, where the minimum thickness shall be seven inches.

(d) One-half-inch reinforcement rod shall be used when replacing or repairing sidewalks over alley entrances.

(8) Curb ramping.

(a) Any curb or sidewalk constructed or repaired on each side of any Village street or any connecting highway or town road for which curbs and sidewalks have been prescribed by the Village Board shall include curb ramping providing access to crosswalks at intersections and other designated locations. Curb ramping includes the curb opening, the ramp and that part of the sidewalk or apron leading to and adjacent to the curb opening.

(b) Any person constructing new curbs or sidewalks or replacing curbs or sidewalks within five feet of a legal crosswalk in any Village street, connecting highway or town road shall comply with the standards for curb ramping set forth in § 66.0909, Wis. Stats.

(c) If any person constructs a new or replacement sidewalk or curb, other than the Village, the Village shall inform the person of the requirements of this section. The Village may agree to construct, or bear the cost of constructing, curb ramping required to provide access to sidewalks opposite the new or replacement curb or sidewalk.

(9) Finishing. The concrete shall be struck off true to grade, finished smooth and given a broom finish. All edges shall be rounded. No tool marks shall be left on exposed surfaces. In case of rain, the walk shall be covered to protect the surface from being damaged. 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.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(10) Curing. 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 Spec. 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.

(11) Higher standards. Where deemed necessary by the Village, higher sidewalk standards may be required by the Village Board.

F. Repair or replacement of defective sidewalks.

(1) The Village Board may determine that any sidewalk which is unsafe, defective, or insufficient be repaired or removed and replaced with a sidewalk in accordance with this section. The existence of any one or more of the hereinafter enumerated characteristics shall determine whether a sidewalk is defective or insufficient:

(a) One-half inch or more vertical differential between adjacent sharp-edged individual sidewalk blocks (crack in slab) and between adjacent round-edged individual sidewalk blocks (joint).

(b) One and one-fourth inch horizontal distance between adjacent individual sidewalk blocks.

(c) Deterioration of the surface to a vertical depth of 1/2 inch or more within each individual sidewalk block.

(2) If 80% of a property owner's sidewalk blocks are determined to be defective or insufficient, the entire sidewalk shall be replaced.

G. 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.

§ 423-6 Excavations of streets, alleys, public ways and grounds.

A. Purpose. This section sets forth the permit requirements for installation of utility mains, services and laterals or the like in, across or under street, sidewalk and/or alley rights-of-way in the Village.

B. Permit required. No person, partnership or corporation, or his/her 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 East Troy without a permit therefor from the Director of Public Works.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. 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, 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. The application shall contain an agreement that the applicant will pay all damages to persons or property, public or private, including any costs incurred by the Village in defending any action brought against it for damages, as well as the cost of any appeal, that may result from the conduct of the applicant, his agents, contractors, subcontractors or employees in connection with the excavation. A fee set by the Village Board shall be paid to the Director of Public Works at the time the application is filed to help defray administrative costs.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. Exception. The provisions of this section shall not apply to Village excavation work done under the direction of the Village Board or Director of Public Works.

E. Security.

(1) The applicant shall be required, as a condition to the granting of a permit for the excavation and installation of a lateral, service, main or the like, to file a cash deposit (to be refunded following proper backfilling and resurfacing), or surety bond, in the following amounts which have been determined as necessary to guarantee that the contractor will leave the street, sidewalk or alley in as good condition as the same was in when the work was commenced:[3]

		(Perpendicular)	(Parallel)
	Type of Material	Lateral or Service	Main in Street Right-of-Way
	Portland cement concrete	$1,500	$30 (per linear foot)
	Bituminous pavement (over portland cement concrete)	$1,000	$20 (per linear foot)
	Three-inch bituminous concrete pavement	$750	$15 (per linear foot)
	Crushed gravel	$500	$10 (per linear foot)
	Turf	$400	$8 (per linear foot)
	Portland cement concrete (sidewalk or driveway)	$750	$15 (per linear foot)

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) The applicant shall be responsible for the cost of any repairs occasioned by the settling, or the like, for a period of one year after final resurfacing. An annual bond in the amount of $10,000 may be submitted (in lieu of, but for the same purpose as, the periodic cash deposit or surety bond described above), which bond shall be applicable as to all excavation work in rights-of-way by the principal in such bond during the term of one year from the date of said bond. Any such annual bond must be first submitted to the Village Attorney for approval as to form.

F. Insurance. The applicant shall also be required to submit a certificate of insurance indicating public liability insurance with a solvent insurance company in the sum of at least $1,000,000 for injury to one person and $1,000,000 for one occurrence and $5,000,000 umbrella policy and workers' compensation and/or employer's liability insurance for all employees employed at the site of the excavation. The applicant shall require each and every subcontractor to obtain and maintain similar policies with the same limits as those stipulated in this subsection.

[Amended 6-15-2015 by Ord. No. 2015-02]

G. Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 423-7G for pavement replacement.

H. 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 set by the Village Board shall apply. Permit renewals shall be issued with the assistance of the Village Clerk.

[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]

I. Village standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this section and § 423-7. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to the condition prior to damage.

§ 423-7 Regulations governing excavations and openings.

A. Frozen ground. No openings in the streets, alleys, sidewalks or public ways shall be permitted between November 15 and April 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, signing, and such other traffic control devices as may be required by the Village Board or its designee and in accordance with Section VI of the Manual on Uniform Traffic Control Devices. Sufficient warning lights shall be kept on from sunset to sunrise. 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.

(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.

(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 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 Director of Public Works 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 the 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 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. Storm sewers 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 (12 inches maximum) shall be uniformly compacted to a 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.

(1) Backfill material shall be left below the original surface to allow for four inches of three-inch crushed stone and four inches of three-fourths-inch crushed stone, plus the thickness of the required pavement structure. If paving will not occur as part of the initial street restoration operation, the balance of the opening to the original surface elevation shall be backfilled with compacted three-fourths-inch crushed stone.

(2) Bituminous pavement shall be placed the full depth of the existing pavement or three inches, whichever is greater. Bituminous pavement shall be placed in a maximum of one-and-one-half-inch base layer and a one-inch top layer, with each layer compacted to maximum density, and shall consist of Wisconsin Department of Transportation Gradation No. 1 for the binder course and Wisconsin Department of Transportation No. 3 for the surface course. The finished surface shall be smooth and free of surface irregularities and shall match the existing pavement and any castings or street appurtenances. Allowable deviations shall be no more than 1/4 inch as measured with a ten-foot straight edge.

(3) Concrete pavement shall be placed to the full depth of the existing pavement or seven inches, whichever is greater. Concrete used shall not contain calcium chloride. The surface shall be given a light broom finish. The edges shall be tooled to prevent spallation at the saw cut edge. The surface shall be evenly and completely sealed with a white pigmented curing compound. The surface shall be protected from traffic for a minimum of three days. The rebar shall be installed as directed by Village officials.

(4) 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 three 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/her or its agents and employees 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 Village office 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 Village Board or its designee, 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.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 423-8 Obstructions and encroachments.

A. Obstruction 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 § 423-9 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.

(3) Excavations and openings permitted under §§ 423-6 and 423-7 of this article.

(4) 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.

(5) Awnings which do not extend below any point seven feet above the sidewalk, street or alley.

(6) Public utility encroachments duly authorized by state law or by the Village Board.

(7) Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than three feet on a sidewalk, provided that such goods, wares, etc., do not remain thereon for more than three hours.

(8) Flower boxes, planters or other landscaping, provided that such flower boxes, planters or landscaping still allows for a minimum of five feet of free access by the public to any such street, alley, sidewalk, public grounds or lands.

C. Standards. Property owners may place certain fixtures on sidewalks which immediately adjoin their property, if the following requirements are met:

(1) The property must be located in an area used for commercial uses.

(2) 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.

(3) The placement of the fixture shall not significantly impede the flow of pedestrian traffic on the sidewalk. In no event shall the fixture reduce the unobstructed sidewalk width to less than three feet at any point.

D. Removal by Village for 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/she 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 for 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/she 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.

[Amended 12-16-2019 by Ord. No. 2019-18]

(1) If the owner or occupant fails to remove the obstruction within the time period established in Subsections D and 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 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 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.

§ 423-9 Street privilege permit. [1]

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 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 Clerk shall request advisory recommendations from the Director of Public Works, Chief of Police and/or Building Inspector prior to issuance of the permit. Village officials may attach conditions to the permit, including proof of liability insurance.

[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]

B. Bond. No street privilege permit shall be issued until the applicant shall execute and file with the Village Clerk a bond in an amount determined by the Director of Public Works, not exceeding $10,000, conditioned that the applicant will indemnify and hold 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. Upon request, the Village Board may waive this requirement.

[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]

C. Fee. The fee for a street privilege permit shall be as approved by the Village Board on the most recent fee schedule, plus any actual Village costs incurred.

[Amended 6-15-2015 by Ord. No. 2015-02]

D. 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, Chief of Police or Building Inspector for violation thereof:

[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]

(1) Such temporary obstruction shall cover not more than 1/3 of any street or alley.

(2) Obstruction 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) 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.

E. 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 discretion of the Director of Public Works, Chief of Police or Building Inspector.

[Amended 12-16-2019 by Ord. No. 2019-18]

F. Removal by Village. In addition to any other penalty imposed, if the owner or occupant of the premises adjoining any lawfully obstructed sidewalk shall fail or neglect to remove such obstruction within 48 hours after such notice from the Village Board to do so, it shall be the duty of the Director of Public Works to remove such obstruction and make return of the costs and expenses thereof to the Village Clerk, 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.

[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]

[1] Editor's Note: For provisions regarding moving buildings see § 210-14.

§ 423-10 Snow and ice removal.

A. Removal from sidewalks. The owner, occupant or person in charge of any parcel or lot which fronts upon or abuts 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 48 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.

[Amended 10-24-2011]

B. Notice and removal of snow and ice 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, Village law enforcement officers and other designated Village officials and employees shall take the following action: if a Village law enforcement officer or other designated Village officials and employees determine that the failure to remove the snow and ice from the sidewalk creates an immediate danger to the public health and/or safety, the police officer and other designated Village officials shall immediately cause the removal of the snow and/or ice.

C. 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 the parcels or lots shall be permitted to deposit snow and ice from their sidewalks onto the public streets.

D. Enforcement. All sworn police officers and other designated Village officials and employees are hereby authorized and directed to enforce the provisions of this section.

E. Continued violations. Each twenty-four-hour period where a violation occurs shall constitute a separate offense under this section for enforcement purposes.

F. Abatement. 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 A shall result in the Village causing the removal of said snow and/or ice.

G. Expense. The cost to the Village to abate the snow and/or ice hazard shall be established from time to time by a majority of the Village Board and 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 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 shall enter those charges onto the tax roll as a special tax as provided by § 66.0907(5), Wis. Stats.

[Amended 12-16-2019 by Ord. No. 2019-18]

H. Penalty. In addition to the provisions set forth in this section, any person, firm or corporation who or which violates the provisions of this section shall be subject to a penalty as provided in § 1-4 of this Code.

§ 423-11 Terrace areas.

A. Definition. A terrace is a raised embankment with the top leveled.

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. Basketball backstops, statuary, structures, flagpoles and other objects shall not be placed in the terrace area.

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/her 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.

§ 423-12 Vaults.

All vaults and cisterns under sidewalks shall be prohibited.

§ 423-13 Requests for improvements.

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 September 15 to be considered for installation in the following year.

§ 423-14 Unlawful dumping on streets.

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 of occupant thereof.

§ 423-15 Obstruction of public ditches.

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.

§ 423-16 Uniform system of numbering houses and buildings.

A. System established. There is established a uniform system of numbering houses and buildings fronting on all roads, streets, avenues, drives, lanes, courts and public ways, referred to in this section as "streets," in the Village. All houses and buildings shall be numbered in accordance with the provisions of this section.

B. Base lines.

(1) The base line for the north-south streets is derived by assigning the number 100 to the north line of the township, and the base line of the east-west streets is derived by assigning the number 100 to the east line of the township. The north line of Section 20 has been assigned the number 1700 and the numbering increases by 100 for each 1/4 mile south from the north line of said Section 20. The east line of Section 20 has been assigned the number 2400 and the numbering increases by 125 for each 1/4 mile west to the west line of Section 20, and from the west line of Section 20 the numbering increases 100 for each 1/4 mile west to the west line of Section 19.

(2) All buildings and lots on diagonal streets shall be numbered the same as north and south streets if the diagonal runs closer to a north and south line than to an east and west line and the same as east and west streets if the diagonal runs closer to an east and west line than to a north and south line.

C. Procedures.

(1) The numbering for each north and south street shall begin at the north line of Sections 19 and 20 and run consecutively beginning with number 1700 on the east side of each street and with number 1701 on the west side of each street and shall run consecutively by twos with one even number and one odd number being assigned for each 26.4 feet, e.g., on the east side, 1700, 1702, 1704, etc., and on the west side, 1701, 1703, 1705, etc.

(2) The numbering for each east and west street shall begin at the east line of Sections 20 and 29 and run consecutively beginning with number 2400 on the north side of each street and with number 2401 on the south side of each street and shall run consecutively by twos with one even number and one odd number being assigned for each 21.12 feet, e.g., on the north side, 2400, 2402, 2404, etc., and on the south side, 2401, 2403, 2405, etc., to the west line of Section 20, and from the west line of Section 20, which is the east line of Section 19, to the west line of Section 19, the numbering for each east and west street shall begin with the number 2900 on the north side of each street and with number 2901 on the south side of each street and shall run consecutively by twos with one even number and one odd number being assigned for each 26.40 feet, e.g., on the north side, 2900, 2902, 2904, etc., and on the south side, 2901, 2903, 2905, etc., to the west line of said Section 19.

(3) All lots and houses on the south and west sides of all streets shall be numbered with odd numbers, and all lots and houses on the north and east sides of all streets shall be numbered with even numbers.

(4) All streets not extending through a line perpendicular to the applicable base point shall be assigned the same relative numbers as if the street had extended through such a line.

(5) Regardless of the width of the building frontage on any street, no building shall have more than one number on any street, even though said building has more than one entrance. If a building has entrances on more than one street, provided the number serves different occupants, the building shall have one number for each street. In each case, the lowest assignable number will be the number of the building.

(6) Where a multiple-unit building has separate outside entrances directly serving units, each such entrance shall be designated by letters of the alphabet running alphabetically from the letter "A." Said lettering shall run from left to right on each level. In the case of multiple levels, each level shall run alphabetically beginning with the letter "A" and each letter shall be preceded with a level number running consecutively from "1." The number "1" shall be assigned to the lowest level containing living units.

(7) When a multiple-family unit has an outside entrance or entrances which do not directly serve units but service entryways or hallways containing direct inside entrances to units, each such inside entrance shall be designated by letters of the alphabet running alphabetically from "A." In such case, which entrance is designated by which letter shall be decided by the building owner.

(8) Where buildings and residences are served by private roads or drives, the private road or drive will receive a number determined by the point at which it intersects a public street. Numbers for the buildings or residences located on such private roads or drives shall be determined by the owners thereof.

D. Placement required. When a house or building has been assigned its respective number or numbers, the owner or occupant shall place or cause to be placed in the location required under this section the number or numbers assigned under the uniform system provided for in this section.

E. Installation. The cost of the number or numbers shall be paid for by the property owner and the number or numbers shall be procured from the Building Inspector at the unit price for the same. Such price shall be the cost of such units to the Village. Replacement of uniform numbers shall be procured, made and paid for by the owner. The numbers used in replacement shall conform to the uniform numbers. Nothing contained in this subsection shall be construed to prohibit the use of additional sets of numbers of a different size or style.

F. (Reserved)[1]

[1] Editor's Note: Former Subsection F, Official numbering map, was repealed 12-16-2019 by Ord. No. 2019-18.

G. Listing. For the purpose of facilitating a correct number, a listing of all streets within the Village showing the proper numbers of all buildings fronting upon all streets, and the name of the owner, shall be kept on file in the office of the Village Clerk unless available on-line.

[Amended 12-16-2019 by Ord. No. 2019-18]

H. Number notification. It is the duty of the Building Inspector to inform any party applying therefor of the number or numbers belonging or embraced within the limits of said lot or property, as provided in this section. In case of doubt as to the proper number to be assigned to any building, the Building Inspector shall determine the number of such building.

I. New buildings. Whenever any house, building or structure is erected or located in the Village, it shall be the duty of the owner to procure the correct number or numbers as designated from the Building Inspector for the property and to immediately fasten the number or numbers so assigned upon the building as provided by this section. No building permit shall be issued for any house, building or structure until the owner has procured from the Village the official number of the premises.

J. 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/her the official street number assigned to that building, as provided in Subsection A hereof. The physical numbers provided herein shall not be less than 2 1/2 inches high on a background of not less than three inches. 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. Whenever any building is situated more than 50 feet from the street line, the number of such building shall be conspicuously displayed at the street line near the walk, driveway or common entrance to such building and upon the gatepost, fence, tree, post or other appropriate place so as to be easily discernible from the sidewalk. Nothing contained in this subsection shall be construed to prohibit the use of additional sets of numbers at other locations on the premises.

K. Noncompliance. If the owner or occupant of any building neglects for 20 days to duly attach and maintain the proper numbers on the building, the Village shall serve him/her a notice requiring him/her to properly number the same, and if he/she neglects to do so for 10 days after service, he/she shall be subject to a forfeiture as provided in § 1-4 of this Code.