[Adopted 12-2-1987 as Title 4, Ch. 2, of the 1987 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 President or his designee, the Director may
cause the same to be done and report the cost thereof to the Village
Administrator, who shall spread 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.
A.
Board may order. The Village Board may determine that sidewalks,
curb and gutter, and suitable street surface material may be constructed,
laid, rebuilt, or repaired along or upon any public street, right-of-way
or highway within the Village. The Village Board may determine or
change the width or grade of any street or sidewalk.
B.
Construction.
(1)
The cost of repairing or rebuilding existing sidewalks shall be paid
for by the Village without charge to the abutting property owners.
The cost of constructing new sidewalks shall be paid for by the Village
without charge to the abutting property owners.
(2)
Whenever the Village Board shall by resolution determine that a sidewalk
be constructed along or upon any public street, alley, or highway
within the Village, it shall proceed according to §§ 66.0907
and/or 66.0701, Wis. Stats. Other projects shall be assessed to abutting
property owners pursuant to § 66.0703, Wis. Stats.
[Amended 12-4-2000]
(3)
Sidewalks shall be located in such places as designated by the Village
Board. No person shall remove any sidewalk without the permission
of the Village Board.
C.
Sidewalk permit required. No person shall hereafter lay, remove,
replace or repair any public sidewalk within the Village unless he
is under contract with the Village to do such work or has obtained
a permit therefor from the Village Administrator at least one week
before work is proposed to be undertaken. A fee as set by the Village
Board shall be charged for such permits.[1]
D.
Specifications. Sidewalks, streets and curb and gutter shall be constructed
in accordance with the specifications adopted by the Village Board
and on file with the Village Administrator unless such ordinance or
resolution ordering the sidewalk construction establishes a specific
standard therefor.
E.
Illegal sidewalks. No sidewalk which shall be constructed contrary
to the provisions of this section shall be considered a legal sidewalk
and the same may be ordered to be replaced with a legal sidewalk and
with one that is in conformity with this section, the same as if no
sidewalk whatever had been built or constructed in the place where
any such sidewalk is located.
A.
Permit required. No person, partnership or corporation, or 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 Trempealeau without a permit therefor from the Village
Administrator.
B.
Application for permit. The application for a permit shall be in
writing and signed by the applicant or his agent. The applicant shall
submit to the Village Administrator, 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 Administrator shall
determine if sufficient information is submitted.
C.
Exception. The provisions of this section shall not apply to Village
excavation work done under the direction of the Superintendent of
Streets.
D.
Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 440-7G for pavement replacement.
E.
Renewal of permit. If operations have begun under an approved permit
and will continue beyond the thirty-day validation period, the permittee
shall apply for a thirty-day permit renewal by written request to
the Village Administrator and payment of a renewal permit fee as by
the Village Board. Permit renewals shall be issued at the discretion
of the Village Administrator.[1]
F.
Village standards; fees.
(1)
Village standards. All street work shall be performed in accordance
with the current standard specifications for street openings. Any
damaged curb and gutter, sidewalk or grass-covered area shall be restored
to the condition prior to damage.
(2)
Fee. The fee for a street opening permit shall be as set by the Village
Board, plus actual Village expenses for repairing the paved surface.
If work begins prior to the issuance of the required permit, the permit
fee shall increase to an amount set by the Village Board. Permit fees
shall be paid to the Village Administrator who shall issue a receipt
thereof.[2]
G.
Insurance required. A permit shall be issued only upon condition
that the applicant submit to the Village Administrator satisfactory
written evidence that applicant has in force and will maintain during
the time the permit is in effect public liability insurance of not
less than $500,000 per one person, $500,000 for one accident and property
damage coverage of not less than $500,000. The policy shall name the
Village of Trempealeau as the third-party insured.
H.
Bond.
(1)
Before a permit for excavating or opening any street or public way
may be issued, the applicant must sign a statement that he will indemnify
and save harmless the Village of Trempealeau 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 fines of forfeitures imposed upon him for
any violation of any rule, regulation or ordinance governing street
openings or drain-laying adopted by the Village Board and will repair
any damage done to existing improvements during the progress of the
excavation in accordance with the ordinances, rules and regulations
of the Village. Such statement shall also guarantee that, if the Village
shall elect to make the street repair, the person opening the street
will pay all costs of making such repair and of maintaining the same
for two years.
(2)
Faulty work or materials shall be immediately replaced by the permittee
upon notice by the Village. Failure to correct deficiencies shall
result in a one-year revocation of the right to obtain a street opening
permit. The Village shall repair the deficiencies and bill the permittee
for all labor, materials and equipment used plus 20% for administration.
(3)
The person who does such restoration shall be responsible therefor
for two years from the date of the completion of the work and shall
file a written guarantee or surety bond to that effect with the Village
in an amount determined by the Village Board.
(4)
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.
(5)
An annual bond may be given under this section covering all excavation
work done by the principal for one year beginning January 1, which
shall be conditioned as specified above and in the amount determined
by the Village Board as necessary to adequately protect the public
and the Village.
A.
Frozen ground. No openings in the streets, alleys, sidewalks, or
public ways shall be permitted between November 15 and May 1, except
where it is determined by the Superintendent of Streets 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 Superintendent of Streets, and in accordance with Section VI
of the Manual of 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 Superintendent
of Streets, no trench shall be excavated more than 250 feet in advance
of pipe or conduit laying nor 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 Police Department 24 hours prior to commencement of excavation of the location and extent of the excavation, unless the excavation is an emergency excavation as identified in Subsection H.
(5)
When the operations will result in the loss of any utility service to private properties, the private properties shall be notified in writing or by personal contact at least 12 hours prior to the loss of service, unless the operations are part of an emergency excavation as defined in Subsection H.
C.
Pavement removal.
(1)
Removal of existing pavement shall be in neat, straight lines. The
permittee shall make a final saw cut in the existing pavement after
backfilling. Excavations shall be kept to the minimum possible and
acceptable for the convenience and safe performance of his work and
in accordance with all applicable codes and regulations. Paving of
the excavation shall be the responsibility of the Village of Trempealeau.
[Amended 12-4-2000]
(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
Superintendent of Streets 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 with the curbline
or the direction of travel. Pavement replacement areas in concrete
pavements shall be parallel with or at right angles to the direction
of travel.
(4)
The Superintendent of Streets 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 insure a full depth of concrete at the joint.
D.
Excavation.
(1)
All excavated material shall be piled in a manner such that pedestrian
and motor traffic is not unnecessarily disrupted, gutters shall be
kept clear or other satisfactory provisions made for street drainage,
and natural watercourses shall not be obstructed.
(2)
Excavated material to be used for backfilling of the trench must
be so handled and placed as to be of as little inconvenience as practical
to public travel and adjoining tenants.
E.
Backfilling.
(1)
All backfill material shall be free from cinders, ashes, refuse,
vegetable or organic matter, boulders, rocks or stones greater than
eight inches in their greatest dimension, frozen lumps or other material
which in, in the opinion of the Superintendent of Streets, 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 Superintendent of Streets,
hauled in.
(3)
Wherever an excavation crosses an existing utility, pipe or other
structure, backfill shall be carefully compacted in stages from the
bottom of the excavation. Any sanitary sewer, storm sewer, water,
telephone, natural gas or other service shall not be interrupted by
the permittee. It shall be the permittee's responsibility to have
the various utilities locate and mark their facilities prior to excavation.
(4)
Mechanical compaction shall be used on all materials used for trench
backfill. Each layer (twelve-inch maximum) shall be uniformly compacted
to a dry density of at least 95% of the maximum dry density as determined
by the Modified Proctor Test (ASTM-1557). Compaction or consolidation
by flooding shall not be permitted.
(5)
All excavations shall be subject to testing by the Village. Backfilled
material not achieving the above compaction requirements shall be
removed and recompacted by the permittee. The cost of any retesting
shall be paid by the permittee.
(6)
When the sides of the trench will not stand perpendicular, sheathing
and braces shall be used to prevent caving. No timber, bracing, lagging,
sheathing or other lumber shall be left in any trench. At no time
shall any street pavements be permitted to overhang the excavation.
F.
Notice. It shall be the duty of the permittee to notify the Village
Administrator or Superintendent of Streets 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 Superintendent
of Streets 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 five inches of three-inch crushed stone and four inches of 3/4
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 3/4 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 1 1/2 inch layers 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 spalling 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. Tie bars shall be installed as directed
by the Department of Public Works.
(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 3 1/2 inches
of cold mix bituminous material. This temporary wearing surface shall
be compacted and rolled smooth. These temporary wearing surfaces shall
be removed and replaced with material as specified above by not later
than the following June 1, except as provided above. Permanent pavements
shall be replaced within 60 days of the date of the permit.
H.
Emergency excavation. In the event of an emergency, any person, firm
or corporation owning or controlling any sewer, gas main, water main,
conduit or other utility in or under any public street, alley easement,
way or ground and his 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 and
shall notify the Police Department immediately.
I.
Excavation in new streets limited. Whenever the Village Board determines
to provide for the permanent improvement or repaving of any street,
such determination shall be made not less than 30 days before the
work of improvement or repaving shall begin. Immediately after such
determination by the Village Board, the Village Administrator 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 Superintendent of Streets,
conditions exist which make it absolutely essential that the permit
be issued. Every effort shall be made to place gas, electric, telephone
and television cable lines in street terraces.
A.
Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in Subsections B and C.
B.
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1)
Temporary encroachments or obstructions authorized by permit under § 440-9 of this section pursuant to § 66.0425, Wis. Stats.
(2)
Building materials for the period authorized by the Village Administrator
which shall not obstruct more than 1/2 of the sidewalk or more than
1/3 of the traveled portion of the street and which do not interfere
with the flow in the gutters.
C.
Issuance of permit.
(1)
The Village Administrator is authorized to issue a permit which allows
property owners to place certain fixtures on sidewalks which immediately
adjoin their property. In determining if a permit shall be authorized,
all of the following requirements must be met:
(a)
The property must be located in an area zoned for commercial
uses.
(b)
The fixture(s) shall not be physically attached to the sidewalk,
any street fixture or any adjacent building, and shall be of a temporary
design.
(c)
The placement of the fixture shall not impede the flow of pedestrian
traffic on the sidewalk. In no event shall the fixture reduce the
unobstructed sidewalk width to less than five feet at any point.
(d)
The property owner shall provide the Village with proof of liability
insurance coverage. The insurance coverage shall be an amount of not
less than $100,000 per occurrence, and the policy shall specifically
state that it includes coverage for the fixtures located on the Village
sidewalks. In addition, the Village shall be identified as a third-party
insured.
(e)
The fixture(s) shall not be for sale, nor shall the fixture(s)
be used for the sale of merchandise; specifically excluded are all
forms of vending machines, vendors carts or tables, etc.
(f)
The property owner whose property adjoins the Village sidewalk
shall file the permit application or authorize the occupant of the
subject property to file the permit application.
(g)
The property owner or the occupant of the subject property shall
display the approved permit in the window of the building so that
it can be seen from the sidewalk.
(2)
Upon reviewing the permit application if it is determined by the
Village Administrator that all of the above requirements have been
met, he shall issue the permit. Said permit may be revoked by the
Village President, Superintendent of Streets, Village Administrator,
Building Inspector or any Village law enforcement officer ("Village
enforcement officials") at any time when one or more of the above
requirements are not complied with or if he determines that the placement
of the fixture(s) endangers the safety of the pedestrians who utilize
the sidewalks.
D.
Removal by Village 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 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 obstruction and encroachments located in the
Village streets, alleys, public grounds or lands dedicated for public
use. In addition to any other penalty imposed, if any Village enforcement
official determines that a Village street, alley, public grounds or
land dedicated for public use is obstructed or encumbered, he shall
issue a written notice to the property owner of the premises which
adjoin the obstructed public area directing that the obstruction be
removed within 24 hours.
F.
Failure to remove obstruction.
(1)
If the owner or occupant fails to remove the obstruction within the time period established in Subsection D or E, respectively, any Village enforcement official shall cause the removal of the obstruction, keeping an account of the expense of the abatement, and such expenses shall be charged to and paid by such property owner. Notice of the bill for abatement of the obstruction shall be mailed to the owner of the premises and shall be payable within 10 calendar days from receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the Village Administrator shall enter those charges onto the tax roll as a special tax as provided by the state statutes.
(2)
The failure of the Village Administrator to record such claim or
to mail such notice or the failure of the owner to receive such notice
shall not affect the right to place the Village expense on the tax
rolls for unpaid bills for abating the obstruction as provided for
in this section.
A.
When required. Permits for the use of the streets, alleys, sidewalks
or other public ways or places of the Village may be granted to applicants
by the Village Administrator for the purpose of encumbering the street,
alley, sidewalk or way, provided such applicant has complied with
the other requirements of this section and has obtained a building
permit if required by this Code. The Village Administrator shall request
advisory recommendations from the Village Police Officer, Superintendent
of Streets and/or Building Inspector prior to issuance of the permit.
Village officials may attach conditions to the permit, including proof
of liability insurance.
B.
Bond. No street privilege permit shall be issued until the applicant
shall execute and file with the Village Administrator a bond in an
amount not less than $1,000,000, conditioned that the applicant will
indemnify and save harmless the Village from all liability for accidents
or damage caused by reason of operations under said permit and will
remove such encumbrance upon termination of the operations and will
leave the vacated premises in a clean and sanitary condition and repair
any and all damage to the streets, alleys, sidewalks or public property
of the Village.
C.
Fee. The fee for a street privilege permit shall be in such sum as
set by the Village Board, plus any actual Village costs.
D.
Conditions of occupancy. The permission to occupy or obstruct the
streets, alleys, sidewalks or public grounds shall be given upon the
following terms and conditions and subject to revocation without notice
by the Superintendent of Streets, Village Police Officer or Building
Inspector for violation thereof:
(1)
Such temporary obstruction shall cover not more than 1/3 of any street
or alley.
(2)
Obstructions shall be sufficiently lighted at night so as to be in
full view of the public from all directions.
(3)
Sidewalk traffic shall not be interrupted, but temporary sidewalks
of not less than four feet in width guarded by a closed fence at least
four feet high on both sides may be maintained during the period of
occupancy.
(4)
Moving a building or structure shall conform to § 205-14 and shall not be allowed to remain overnight on any street.
(5)
Upon termination of the work necessitating such obstruction, all
parts of the streets, alleys, sidewalks or public grounds occupied
under the permit shall be vacated, cleaned of all rubbish and obstructions
and placed in a safe condition for public travel at the expense of
the permittee.
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 direction of the Village
Administrator.
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 neglect to remove such obstruction within 24 hours
after such notice from the Superintendent of Streets, Village Police
Officer or Building Inspector to do so, it shall be the duty of the
Superintendent of Streets, Village Police Officer or Building Inspector
to remove such obstruction and make return of the costs and expenses
thereof to the Village Administrator, 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 11-5-2021 by Ord. No. 4-2021; 11-5-2021 by Ord. No. 4-2021]
A.
Snow and ice removal by property owners required. In accordance with
§ 66.0907(5) of the Wisconsin Statutes, all property owners,
(except those specifically exempted by the Village Board) located
in the Village of Trempealeau are hereby required to remove snow and
ice accumulated on public sidewalks adjacent to and on their property
within 48 hours after a snowfall.
B.
Failure to comply; removal by Village; collection of costs. Upon
any property owner's failure to remove said snow or ice within the
allotted period of time, the Village of Trempealeau does hereby authorize
the Village of Trempealeau Public Works Department or their designee
to remove said snow or ice and charge the property owner the cost
of removal as stated in the Village of Trempealeau Service Fee Schedule
under same rate as Emergency Snow Plowing; but not less than $100
per violation.[1] If any amount assessed to the property owner an any lot
or parcel of land so charged is unpaid, the Village Clerk is hereby
authorized to enter said unpaid amount on the tax roll as a special
charge as provided by § 66.0907(5), Wis. Stats. against
said lot or parcel of land in question and the same shall be collected
in all respects like other taxes upon real estate.
[1]
Editor's Note: Said Fee Schedule is on file in the Village
offices.
C.
Deposit of snow or ice into public places in Village prohibited;
exemptions. No person shall throw or put, or cause to be thrown or
put, any snow or ice into any street, avenue or other public place
in the Village. The only locations in the Village exempt from this
section are Main Street between First and Third Streets, and Second
Street between Pine and South Streets unless there is a grassy boulevard
present in the area otherwise exempted.
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.
All vaults and cisterns under sidewalks shall be prohibited.
No downspouts from any building shall terminate on or upon, or in such position that the contents of such spout be cast upon or flow back or over any public sidewalk in the Village. When the eaves of a building extend over or are so constructed that water may fall therefrom or run back upon any public sidewalk, such eaves shall be so protected by proper spouts or otherwise that no water shall fall or drain therefrom or run back upon or over any public sidewalk. The owner or owners of any building and the officers of any association or corporation owning any building on which any spouts or the eaves thereof shall be maintained contrary to this section shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-4 of this Code.
A.
Street sales prohibited except by permit. No person shall display,
sell or offer to sell on any street, sidewalk, alley or other public
place within the Village any goods, wares, foodstuffs or anything
of value or service of any kind by putting up a booth or stopping
a vehicle or person on foot or in any other manner attempting to publicly
sell or offer for sale any such articles, unless such person shall
have first applied for and obtained a special event vending permit
from the Village Administrator. Such permit shall enable holders to
conduct their business in all enumerated areas subject to the limitations
of this section. A special event vending permit shall be obtained
where the vending is done by a participant in a special event and
where such vending is an integral part of the event. However, where
the vending is to occur in connection with a Village or areawide promotion
of community trade or festival sponsored or coordinated by an organization,
the sponsoring organization shall obtain the special event vending
permit as agent for its participating members.
B.
Procedure.
(1)
Application for a special event vending permit shall be filed with
the Village Administrator and shall contain such information as the
Village Administrator may require. Permits shall be signed by the
Village Administrator and shall be conspicuously displayed at the
place where such sales are being made. The permit shall set forth
the exact days on which and the exact location where such business
shall be carried on and shall be valid only during the dates and at
the locations specified. Where a sponsoring organization is the applicant,
the applicant shall provide the Village Administrator with a complete
list of sponsors and participants at the time of making application.
(2)
Upon receipt of an application for a permit, the Village Administrator
shall review the information given on the application for conformity
with the provisions of this section. If all the applicable requirements
are clearly and unambiguously met in the Village Administrator's opinion,
he shall approve the permit or approve it conditionally. If the applicable
requirements are not clearly and unambiguously met in the Village
Administrator's opinion, he shall state the matters in doubt in writing
to the applicant within three days of the time of making application.
(3)
The Village Board shall review appeals of the denial of the application
by the Village Administrator and may either deny the permit, approve
the permit or approve the permit conditionally. Appeals requests shall
be filed with the Village Administrator within seven days of the Village
Administrator's decision.
C.
Conditions of permit. In addition to any other conditions imposed
by the Village Board, all permittees shall fully comply with the following
requirements:
(1)
Liability insurance. To hold a valid permit, the vendor must have
in force adequate liability insurance. Adequate liability insurance
is liability insurance holding the Village and its employees and agents
harmless and to indemnify and defend the Village, its employees and
agents against all claims, liability, loss, damage or expense incurred
by the Village with adequate liability policy limits on account of
any damage caused by or resulting from the activities for which the
permit is granted. As evidence of the applicant's ability to perform
this condition of the permit, the applicant shall furnish a certificate
of insurance evidencing the existence of comprehensive general liability
insurance (including contractual liability insurance with the Village
being named as an additional insured). "Adequate liability limits"
means minimum limits of $100,000 per occurrence for bodily injury
and minimum limits of $50,000 per occurrence for property damage.
The certificate of insurance shall provide 30 days' written notice
to the Village upon cancellation or nonrenewal or material change
in the policy. Proof of insurance shall be submitted to the Village
Administrator a minimum of seven days before the start of the event.
(2)
Cooperation with law enforcement officials. To protect the public
health and safety, the permittee shall coordinate with the Village
Police Officer the location of all events under the permit. Street
and sidewalk encroachments, booth locations and special parking provisions
shall be submitted to the Village Police Officer for his review and
approval a minimum of seven days before the start of the event.
(3)
Cleanup. The permittee shall be fully responsible for all necessary
cleanup associated with the permitted event.
(4)
Compliance with other regulations. The permittee shall comply with
all applicable state and county regulations governing health and sanitation
for food-handling establishments, if applicable, and any other applicable
Village regulations, including, but not limited to, regulations pertaining
to the issuance of Special Class "B" Fermented Malt Beverage Licenses.
Requests or petitions by Village property owners for new streets,
street resurfacing, curb and gutter, storm sewers, utility work and
sidewalks shall be presented to the Village Board on or before August
1 to be considered for installation in the following year.
In the interests of public safety, health and general welfare,
community appearance and efficiency of operation, it shall be unlawful
to rake or place fallen tree leaves or grass clippings onto the pavement
or into the gutter of any public street. No person shall permit grass
clippings from mower swaths to remain upon sidewalks or on abutting
property owned or occupied by him.
It shall be unlawful for any person to deposit or cause to be
deposited, dump, sort, scatter or leave any rubbish, stone, wire,
earth, ashes, cinders, sawdust, hay, glass, manure, filth, paper,
snow, ice, dirt, grass, leaves, construction waste, garbage or other
offensive or noxious material in any public street, sidewalk, alley,
or upon any public property or upon any property of another, without
the express permission of the owner of occupant thereof.
A.
Buildings to have street numbers. Each principal building in the
Village shall be assigned an official street number by the Building
Inspector.
B.
Street numbers to be displayed. The owner, occupant, or agent in
charge of the premises shall cause to be affixed and to be maintained
when so affixed to each principal building controlled by him the official
street number assigned to that building as provided in Subsection
Ahereof. The physical numbers provided herein shall be not less than
2 1/2 inches high on a background of not less than three inches.
Said physical numbers shall be provided by the Village Administrator's
office if requested, at cost. Each required number shall be affixed
on the particular building in such a location that it may be easily
and readily seen by a person of ordinary eyesight on the public street
or highway upon which the building abuts. For buildings abutting also
on a public alley, the street number shall also be affixed in such
location that it may be seen in like manner from such alley.
No person shall in any manner obstruct or cause to be obstructed
the free passage of water in any public gutter, ditch, culvert, swale
or drain or place or cause to be placed any rubbish, dirt, sand, gravel
or any other matter or thing so that the same is likely to be carried
by the elements into any public gutter, ditch, culvert, swale or drain.
A.
Special assessments and charges. The Village may, at any time, construct
or have constructed curb and gutter in the Village. As a complete
alternative to any other methods provided by law, the Village may
collect for said curb and gutter in the manner and by the procedure
provided by §§ 66.0703 and/or 66.0701, Wis. Stats.
B.
Alternative methods.
(1)
Petition. Any taxpayer and property owner in the Village may petition
the Village for the installation of curb and gutter abutting property
owned by said petitioner in said Village.
(a)
Requirements of petition. The petition for the installation
of curb and gutter shall state that the petitioner(s) request curb
and gutter abutting property owned by said petitioner, describing
said property, stating what type is requested, and further said petition
shall state that each petitioner individually shall be responsible
and liable for, and thereby obligates himself to pay the total costs
of installation of said curb and gutter to include surveying and other
contingent expenses.
(b)
Effect of petition. In the event a petition for the installation
of curb and gutter is presented to the Village Board, the Board shall
have the exclusive discretion to accept or reject the same. The Board
may refer said petition, may table it, but in any event they shall
act upon the same in some manner within six months of receipt of said
petition.
(2)
Resolution of intent. In the event the Village should desire to construct
curb and gutter in any area of the Village, the Village Board may
adopt a resolution of intent to install said curb and gutter and assess
the costs thereof to the abutting property owners as provided in § 66.0703,
Wis. Stats.
C.
Types of curb and gutter. All curbs and gutters shall conform to
the construction standards adopted by the Village Board, on file with
the Village Administrator.
D.
Liability for repair thereof. Whenever curb and gutter is installed,
all property owners receiving the benefits thereof shall be responsible
and liable for all replacements, repairs, damage and maintenance and
during any period of construction on the property against which it
abuts. Any expense for additional width of road made necessary by
blacktop curb and gutter shall be the responsibility of and shall
be paid for by the abutting property owner.
E.
Entered on tax rolls. Any and all costs or replacement, repair and maintenance of curb and gutter incurred within two years after installation thereof or damage thereto during construction as provided in Subsection D above, shall be charged to the lot or parcel of land affected thereby pursuant to § 66.0703, Wis. Stats.
