[Adopted as Title 6, Ch. 2, of the 1997 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 Common Council, or its designee, the City may cause
the same to be done and report the cost thereof to the City Clerk
who shall spread the cost on the tax roll as a special tax against
the premises, pursuant to § 66.0703, Wis. Stats., or such
cost may be recovered in an action against the owner or occupant.
A.
Construction and repair procedures.
(1)
Construction and repair regulated. No person, whether owner, builder
or contractor, shall build any new sidewalk or repair or renew, or
cause to be built, repaired or renewed, any existing sidewalk contrary
to the provisions of this article, unless by petition to the Common
Council and having permission therefor granted by the Council, or
upon the Common Council's own motion, or where such a change in the
specifications hereinafter set forth shall be deemed in the best interests
of the City.
(2)
Standards. The Common Council may determine that sidewalks be constructed
and establish the width, determine the material and prescribe the
method of construction of standard sidewalks pursuant to this section.
The Common Council shall bid and award contracts for all sidewalk
construction and reconstruction projects.
B.
Cost of sidewalks.
(1)
New sidewalks. Sidewalks required in new subdivisions and developments shall be paid for by the land divider pursuant to Chapter 512, Subdivision of Land, of this Code of Ordinances. New sidewalks constructed in existing areas of the City shall be paid for by adjacent property owners.
(2)
Sidewalk repair and reconstruction. Existing sidewalks that are repaired
and reconstructed shall be special assessed 100% to the adjacent property
owner.
C.
Sidewalk permit required. No person shall hereafter lay, remove,
replace or repair any public sidewalk within the City of Fox Lake
unless he/she is under contract with the City to do such work or has
obtained a permit therefor from the Director of Public Works or his/her
designee at least three days before work is proposed to be undertaken.
No fee shall be charged for such permits. Denial of such permits may
be appealed to the Common Council. If the applicant fails to secure
a sidewalk permit prior to the start of construction, the cost of
such permit shall be set by the Common Council.[1]
D.
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 City.
(2)
Subgrade. All earth, dirt and material shall be removed to a depth
not less than eight inches, 10 inches across private driveways, below
the grade line, and the space shall be filled with crushed stone,
sand or gravel. The base shall be left four inches thick after being
tamped, with the stone or gravel to be not larger than 1 1/2
inches in diameter and to be free from dirt, dust and foreign matter.
Soft, porous and unsuitable subgrade material shall be removed and
replaced with sand, gravel, or other satisfactory material, and the
subgrade shall be thoroughly and uniformly compacted and moistened
immediately before the concrete is placed. On embankments, the subgrade
shall extend at least one foot beyond each edge of the sidewalk.
(3)
Concrete. The minimum quantity of cement per cubic yard shall be
six sacks of 94 pounds each. Concrete shall be mixed for at least
one minute. Gravel shall be of good quality and washed. Concrete shall
test 3,000 pounds compression in 28 days.
(4)
Forming. 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. 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. Forms shall be securely fastened, staked, braced and held firmly
to required line and shall be sufficiently tight to prevent leakage
of mortar, and all forms shall remain in place for 24 hours after
pour.
(5)
Jointing, floating and finishing. Soon after screening and while
the concrete is still plastic, the surface shall be floated with wood,
cork or metal floats or by a finishing machine. At all places where
the sidewalk intersects another sidewalk or curbline, a one-half-inch
expansion joint shall be placed. Transverse expansion joints of 1/2
inch thick and four inches wide and five feet long or premolded material
shall be located every 30 feet. Sidewalks must be marked off to make
blocks five-foot square and be at right angles to the parallel lines.
Any new sidewalk adjoining an old sidewalk or a sidewalk which abuts
curb and gutter shall have one-half-inch by four-inch expansion joints
of premolded material.
(6)
Slope. All forms must be approved by the Director of Public Works
or his/her designee before concrete is poured. To provide adequate
drainage, the sidewalk shall slope toward the curb at a minimum rate
of 1/2 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.
(7)
Width and thickness. Residential walks shall be a minimum of four
feet in width and not less than four inches thick or shall match existing
sidewalk width in that block. However, in driveway approaches, the
minimum sidewalk thickness shall be six inches. Such sidewalks shall
have a grade one inch higher than the adjacent curb on the curb side
of the sidewalk. All such sidewalks shall be constructed eight inches
from the adjacent lot line. In the case of a laydown-type curb, the
pitch shall be 1/2 inch per foot from the curb in the parkway to the
sidewalk with a three-inch minimum. Sidewalks in front of commercial
or industrial establishments shall have a width as determined by the
Common Council and be five inches thick, except within driveway approaches
where the minimum thickness shall be seven inches.
(8)
Finishing. The concrete shall be struck off true to grade, finished
smooth and given a broom finish in transverse direction. Edges and
joints shall be given a finish with a one-fourth-inch radius edging
tool. Dry cement shall not be spread on a wet surface to take up excess
water. Finishing operations shall be delayed until water has disappeared.
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.
(9)
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 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.
(10)
Cold weather requirements. When the temperature is less than
40° F., all concrete placed in the forms shall have a temperature
between 50° F. and 70° F. and shall meet the requirements
as per Wisconsin Department of Transportation specifications for cold
weather concrete.
(11)
Minor repairs. Nothing in this section shall apply to minor
repairs, the cost of which does not exceed $500; such repairs may
be made at the direction of the Director of Public Works without notice,
and the cost thereof may be charged to the abutting property owner
in the same manner as provided in this section for major repairs.
E.
Repair or replacement of defective or damaged sidewalks. Pursuant
to § 66.0907, Wis. Stats., the Common Council may order
at any time property owners to repair or remove and replace any sidewalk
which is unsafe, defective or insufficient or which is damaged by
the acts of the property owner or his/her agents. If the property
owner shall fail to so repair or remove and replace such sidewalk
within 20 days after service of the notice provided in § 66.0907(3)(c),
Wis. Stats., the Common Council or its designee shall repair or construct
such sidewalk and the City Clerk shall enter the total cost thereof
upon the tax roll as a special tax against said lot or parcel of land.
If an emergency situation exists which is caused by a sidewalk in
need of repair, the Common Council or its designee shall immediately
direct the property owner to immediately make repairs. If the property
owner shall fail to repair such sidewalk within the required period,
the Common Council shall make the necessary repairs and the City Clerk
shall enter the total cost thereof on the tax roll as a special tax
against said parcel.[2]
F.
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.
(1)
Permit to be obtained. No person, partnership or corporation, or
his 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 ditch, public ground, public sidewalk or
City-owned easement within the City of Fox Lake without a permit therefor
from the City Clerk or Director of Public Works.[1]
(2)
Fee. The fee each application for a street opening permit shall be
as set by the Common Council plus any actual City expenses. Applications
may be made for multiple street openings on one application form,
at the fee set by the Common Council; however, each opening must be
listed at the time the application is submitted to the Director of
Public Works for approval. Permit fees shall be paid to the Treasurer
who shall issue a receipt therefor. If the street opening is made
prior to the receipt of an approved street opening permit from the
Director of Public Works, the application and review fee shall be
as set by the Common Council plus any actual City expenses.[2]
(3)
Emergency excavation. In the event of an emergency excavation for the protection of property, life, health, or safety and as authorized in § 423-7H, there shall be no permit fee (except any actual City expenses shall be charged to the permittee), provided that the application for the street opening permit is filed with the Director of Public Works within two regular business days of the excavation in accordance with § 423-7H. If the permit application for the emergency excavation is not filed within two regular business days, the application and review fee shall be as set by the Common Council plus any actual City expenses.[3]
(4)
Surcharge. In addition to any permit fees or City expenses, a surcharge
shall be levied for any street opening which is in or disturbs the
paved portion (final surface) of any public street, public alley,
public way, public ground, public sidewalk or City-owned easement
within the City of Fox Lake. The surcharge shall be determined as
follows:
|
Age of the Final Paving
|
Surcharge
| |
|---|---|---|
|
New pavement to 1 year
|
5 times the permit fee
| |
|
1 year to 2 years
|
4 times the permit fee
| |
|
2 years to 3 years
|
3 times the permit fee
| |
|
3 years to 4 years
|
2 times the permit fee
| |
|
4 years to 5 years
|
1 times the permit fee
| |
|
More than 5 years
|
No surcharge
|
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 City Clerk or Director of Public Works, 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.[4]
C.
City work excluded. The provisions of this section shall not apply
to excavation work under the direction of City departments or employees
or to contractors performing work under contract with the City necessitating
openings or excavations in City 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 § 423-7G 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 City Clerk or Director of Public Works. Permit renewals shall
be issued at the discretion of the City Clerk or Director of Public
Works.[5]
F.
City 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.
G.
Insurance required. A permit shall be issued only upon condition
that the applicant submit to the City Clerk or Director of Public
Works 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 $500,000 per one person, $500,000 for one
accident and property damage coverage of not less than $500,000.[6]
H.
Bond.
(1)
Before a permit for excavating or opening any public street, sidewalk,
ditch, alley or public right-of-way may be issued, the applicant may
be required to execute and deposit with the City a bond in the amount
of $10,000, conditioned that he/she will indemnify and save harmless
the City of Fox Lake 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 Director of Public Works for a period of one year, and that
he will pay all fines or forfeitures imposed upon him/her for any
violation of any rule, regulation or ordinance governing street openings
or drainlaying adopted by the Common Council 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 City.
Such bond shall also guarantee that, if the City 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. Recovery
on such bond for any accident, injury, or violation of law, ordinance,
rule or regulation shall not exhaust the bond but it shall cover any
and all accidents, injuries or violation of law during the period
of excavation for which it is given.
(2)
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 Director of Public Works as necessary to adequately protect
the public and the City.
(3)
Faulty work or materials shall be immediately replaced by the permittee
upon notice by the City. Failure to correct deficiencies shall result
in a one-year revocation of the right to obtain a street opening permit.
The Director of Public Works shall repair the deficiencies and bill
the permittee for all labor, materials and equipment used plus 20%
for administration.
(4)
The person who does such restoration shall be responsible therefor
for one year from the date of the completion of the work and shall
file a written guarantee or surety bond to that effect with the City
in an amount determined by the Director of Public Works.
(5)
Whenever the Common Council shall find that any such work has become
defective within one year 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 Common Council 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
City for the cost of doing the work as set forth in the notice.
I.
Public utilities. All public utilities as defined in §§ 66.0801 and 196.01, Wis. Stats., are hereby required to be bound by the terms and conditions of this section and § 423-7 and any and all subsections thereunder, except that a public utility as defined within this section shall not be required to post the indemnity bond.
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 Director of Public Works or his/her designee
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 City 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 nor left unfilled more than 500 feet from 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 City 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/her 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 or his/her designee 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 Director of Public Works or his/her designee 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,
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 or his/her designee,
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
or his/her designee, 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.
Compaction or consolidation by flooding shall not be permitted. Earth
must be puddled or laid in layers not more than 12 inches in depth
and each layer rammed and tamped to prevent settling. The Public Works
Department will test the fill to meet the City's specifications. Contractors
will be instructed by the City inspector, if they meet the specifications,
to proceed to fill the opening.
(5)
All excavations shall be subject to testing by the City. 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 and sidewalk, curb and gutter and driveway restoration.
(1)
Backfill material shall be left below the original surface to allow
for five 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 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 Director of Public Works or his/her designee.
(4)
All permanent restoration of street, curb and gutter shall be of
the same type and thickness as the curb and gutter which abuts. The
grade of the restored curb and gutter shall conform to the grade of
the existing adjacent curb and gutter.
(5)
All permanent restoration of driveways and sidewalks shall conform
to the manner of construction as originally placed and to the lines
and grades as given by the City Engineer. No patching of concrete
driveway areas will be allowed between joints or dummy joints.
(6)
Sidewalks shall be replaced the full width of the walk and minimum
length shall be 60 inches. All replaced walk shall be four inches
thick, except at driveways where it shall be six inches thick. The
new walk shall slope to conform to existing construction across the
width of the walk toward the street.
(7)
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.
(8)
When a street is reconstructed, utility laterals shall also be installed,
including sump pump laterals, even if not immediately needed.
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 City officials immediately.
I.
Excavation in new streets limited. Whenever the City 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,
the City 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 Common Council, or committee thereof, 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.
J.
Repair by City. The City may elect to make the pavement repair for
any street or sidewalk opening, 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. In the event such charges are not
paid within 90 days of actual notice of the same having been furnished
to the applicant and owner of the premises for which said permit was
issued, it shall become a lien against said premises and thereafter
be assessed and collected as a special tax.
A.
Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he/she is the owner or occupant, except as provided in Subsections B and C.
B.
(1)
Temporary encroachments or obstructions authorized by street privilege permit under § 423-9 pursuant to § 66.0425, Wis. Stats.
(2)
Building materials for the period authorized by the Common Council,
or authorized designee, which shall not obstruct more than 1/2 of
the sidewalk or more than 1/3 of the traveled portion of the street
and which do not interfere with the flow in the gutters.
(4)
Awnings which do not extend below any point eight feet above the
sidewalk, street or alley.
(5)
Public utility encroachments duly authorized by state law or the
Common Council.
(6)
Goods, wares, merchandise, or fixtures being loaded or unloaded which
do not extend more than three feet on the sidewalk, provided that
such goods, wares, etc., do not remain thereon for a period of more
than two hours.
(7)
Signs or clocks attached to buildings which project not more than
six feet from the face of such building and which do not extend below
any point 10 feet above the sidewalk, street or alley.
C.
Removal by City for sidewalk obstructions and encroachments. In addition
to any other penalty imposed, if any City 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.
D.
Removal by City for obstructions and encroachments located in the
City streets, alleys, public grounds or lands dedicated for public
use. In addition to any other penalty imposed, if the Chief of Police,
Director of Public Works or Building Inspector determines that a City
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 adjoins the obstructed public area directing
that the obstruction be removed within 24 hours.
E.
Failure to remove obstruction.[2]
(1)
If the owner or occupant fails to remove the obstruction within the time period established in Subsection C or D, respectively, the Council shall cause the removal of the obstruction, keeping an account of the expense of the abatement, and such expenses shall be charged to and paid by such property owner. Notice of the bill for abatement of the obstruction shall be mailed to the owner of the premises and shall be payable within 10 calendar days from receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the City Clerk shall enter those charges onto the tax roll as a special tax as provided by the state statutes.
(2)
The failure of the City 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 City 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 City may be granted to applicants
by the Director of Public Works 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 Director of Public Works may request advisory recommendations
from the Chief of Police and Building Inspector prior to issuance
of the permit. City officials may attach conditions to the permit,
including proof of liability insurance.[2]
B.
Bond. No street privilege permit shall be issued until the applicant
shall execute and file with the City Clerk a bond not exceeding $10,000,
conditioned that the applicant will indemnify and save harmless the
City 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 City resulting
from such building operations.[3]
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
Building Inspector, Chief of Police or Director of Public Works for
violation thereof:[5]
(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)
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 Common
Council.
F.
Removal by City. 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 24
hours after such notice from the Common Council to do so, it shall
be the duty of the City to remove such obstruction and make return
of the costs and expenses thereof to the City 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.[6]
A.
Removal from sidewalks. Within 24 hours after the cessation of any
fall of sleet or snow, it shall be the duty of the owners and/or the
occupants of any lot or parcel of land in the City of Fox Lake to
remove, or cause to be removed, the snow or sleet from any and all
sidewalks and the nearest cross-sidewalks adjacent to the premises
of such owner or occupant, and to keep the same free and clear of
snow and ice for the full width of the sidewalk. When ice is formed
on the sidewalk so that it cannot be removed, it shall be kept sprinkled
with ashes, salt, sand or like material.[1]
B.
Failure to remove. In case of failure or neglect of any owner or occupant of any land or parcel of land to remove the snow from sidewalks as specified in Subsection A within the time set forth in said subsection and, after 24 hours after the cessation of any fall of snow, the owner or occupant has failed to remove such snow from sidewalks as specified in Subsection A, the Director of Public Works shall remove or cause the snow to be removed from any and all sidewalks and cross-sidewalks that may be so neglected by the owner or occupant, and a fee established by the Common Council shall be assessed against the owner or occupant for the cost and expense of moving such snow. The fee will be charged against the respective lots and parcels of land adjacent to which said work shall be done as a special tax, and such sum or sums shall be collected in the same manner as other special taxes.
C.
Prohibited placement. Except as provided herein, 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 City; provided, however, that the person,
firm, or corporation depositing such snow shall, within one hour thereafter,
cause the same to be removed from such street.
D.
Snow and ice as nuisance. The deposit of any snow or ice upon any
sidewalk, alley or street of the City contrary to the provisions of
this section shall be and is declared to be a nuisance, and in addition
to the penalty provided for violation of this section, the City may
similarly remove any snow or ice so deposited and cause the cost of
said removal to be charged to the owner or occupant of the property
from which said snow or ice has been removed.
E.
Penalties. In addition to the liability of the owner or occupant of lands under Subsection B, the penalty for violation of any provision of this section of the Code will be a penalty as provided in § 1-4 of this Code. A separate offense shall be deemed committed for each day on which a violation of this section 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 Common Council 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 City 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.
At any time a terrace area is disturbed during street construction,
the terrace area shall be rebuilt to contain a minimum basis of six
inches of black dirt to promote tree growth.
[Added 4-21-1998]
All vaults and cisterns under sidewalks shall be prohibited.
Requests or petitions by City property owners for new streets,
street resurfacing, curb and gutter, storm sewers, utility work and
sidewalks shall be presented to the Common Council on or before September
15 to be considered for installation in the following year.
It shall be unlawful for any person to deposit or cause to be
deposited, dump, sort, scatter or leave any rubbish, stone, wire,
earth, ashes, cinders, sawdust, hay, glass, manure, filth, paper,
snow, ice, dirt, grass, leaves, construction waste, garbage or other
offensive or noxious material in any public street, sidewalk or alley
or upon any public property or upon any property of another, without
the express permission of the owner or occupant thereof.
A.
Established. There is established a uniform system of numbering houses
and buildings fronting on all streets, avenues and highways in the
City of Fox Lake, and all houses and buildings shall be numbered in
accordance therewith.
B.
Base lines. State Street shall constitute the base line for numbering
along all streets running north and south, and Spring Street and an
extension thereof to the north City limits shall constitute the base
line for numbering along all streets running east and west.
C.
North, south, east and west streets designated.
(1)
All buildings and lots north of State Street shall be known as located
at No. 100 North in each respective platted street.
(2)
All buildings and lots south of State Street shall be known as located
at No. 100 South in each of the respective platted streets.
(3)
All buildings and lots east of Spring Street shall be known as located
at No. 100 East in each respective platted street.
(4)
All buildings and lots west of Spring Street shall be known as located
at No. 100 West in each of the respective platted streets.
D.
Diagonal streets. All buildings and lots on diagonal streets shall
be numbered as north and south streets if the diagonal runs more from
north to south and as east and west streets if the diagonal runs more
from east to west.
E.
Block numbers designated.
(1)
The numbering for each street shall begin at the base line. The numbers
within the first block shall be from 100 to 199, and the numbers in
each succeeding block shall increase from the base line in units of
100; namely, the first block shall be 100 to 199, the second block
shall be 200 to 299, and third block shall be 300 to 399, etc. There
shall be assigned 100 numbers to each block, square or space that
would be one block or square if streets each way were so extended
as to intersect each other, and one number shall be assigned to each
15 feet of frontage. In blocks or equivalent spaces longer than 750
feet which are not intersected by a street if extended, the total
frontage in feet divided by 50 shall be used to determine the feet
of frontage assigned to each number.
F.
Numbers designated.
(1)
All lots and houses on the north and west sides of all streets shall be numbered with odd numbers, each commencing with the hundred assigned to that block and increasing from the base line one number for each 15 feet of frontage or fraction thereof, except as provided in Subsection E.
(2)
Where any building has more than one door serving separate occupants,
a separate number shall be assigned to each door serving a separate
occupant, provided that the building is 15 feet or more in width.
If the buildings are not 15 feet or more in width or the entrances
are not 15 feet apart, the next consecutive number shall be fractional.
(3)
Buildings fronting on two or more streets shall have a number assigned
only to the main entrance unless other entrances serve different occupants.
(4)
Where only one number can be assigned to any house or building and
the owner, occupant or agent of such house or building desires distinctive
numbers for the upper and lower portion thereof, or for any part of
such house or building fronting on any street, such owner, occupant
or agent shall use the suffixes "A," "B," "C," etc., as may be required.
G.
Streets not extending to base line. All streets not extending to
the base line shall be assigned the same relative numbers as if such
street had extended to the base line.
H.
Houses to bear numbers.
(1)
The Common Council shall cause the necessary survey to be made, and
there shall be assigned to each house and building located on any
street, avenue, alley or highway in the City its respective number
under the uniform system provided for in this section. When the survey
has been completed and each house and building has been assigned its
respective number or numbers, the owner, occupant or agent shall place
or cause to be placed upon each house or building controlled by him/her
the number or numbers assigned within 60 days after the assigning
of the proper number.
(2)
The cost of the number or numbers shall be borne by the property
owners. Replacement numbers shall be procured and paid for by the
owner. The numbers shall be not less than three inches in height.
[Amended 7-3-2013]
(3)
The numbers shall be conspicuously placed immediately above, on or
at the side of the proper door of each building so that they can be
plainly seen from the street. Whenever any building is more than 50
feet from the street line, the number of the building shall be conspicuously
displayed at the street line, near the walk, driveway or common entrance
to such building and upon a gate post, fence, tree, post or other
appropriate place so as to be easily discernible from the sidewalk.
I.
Records. To facilitate correct numbering, a plat book of all the
streets, avenues and public highways within the City showing the numbers
of all lots or houses fronting thereon shall be kept on file in the
office of the City Clerk. These plats shall be open to public inspection
during the office hours of the City Clerk.[2]
J.
Building Inspector to assign numbers. The City Clerk shall inform
any party applying therefor of the number or numbers belonging to
or embraced within the limits of any lot or property as provided in
this section. In case of doubt as to the proper number to be assigned
to any premises, the Building Inspector shall determine the number
of such premises.[3]
K.
Number assignment as condition for building permit. Whenever any
house, building or structure is erected or located in the City after
the entire work of establishing a uniform system of house numbering
has been completed, in order to preserve the continuity and uniformity
of numbers of the houses, buildings and structures, the owner shall
procure the correct number or numbers from the City Clerk for the
property and shall immediately fasten such number or numbers so assigned
upon such building as provided in this section. No building permit
shall be issued for any house, building or structure until the owner
has procured from the City Clerk the official number of the premises.[4]
No person shall in any manner obstruct or cause to be obstructed
the free passage of water in any public gutter, ditch, culvert, swale
or drain or place or cause to be placed any rubbish, dirt, sand, gravel
or any other matter or thing so that the same is likely to be carried
by the elements into any public gutter, ditch, culvert, swale or drain.
The City of Fox Lake shall not permit any person to use and/or
lease any City equipment for private purposes.
A.
Nonbid construction. The following classes of public work, or any
part thereof, may be done directly by the City without submitting
the same for bids:
B.
Contracts, how let. All public construction, the estimated cost of
which exceeds $25,000, shall be let by contract to the lowest responsible
bidder; all other public construction shall be let as the Council
shall direct. If the estimated cost of any public construction exceeds
$5,000 but is not greater than $25,000, the Board of Public Works
shall give a Class 1 notice under Ch. 985, Wis. Stats., of the proposed
construction before the contract for construction is executed. The
Council may also by a vote of 3/4 of all the members-elect provide
by ordinance that any class of public construction or any part thereof
may be done directly by the City without submitting the same for bids.[1]
A.
In the interests of public safety, health and general welfare, community
appearance, and efficiency of operation, it shall be unlawful to place,
throw, leave, in any way deposit or permit to be deposited, or permit
to remain any dirt, leaves, rubbish, litter, debris or material of
any kind upon any street, sidewalk, alley, drainageway, or public
ground in the City of Fox Lake.
B.
The owner, occupant, or person in charge of private premises who
places, causes or permits to remain any of said materials upon any
street, sidewalk, alley, drainageway or public ground in the City
of Fox Lake shall immediately remove said materials at no cost to
the City.
C.
Deposits from motor vehicles.
(1)
The operator of any motor vehicle which tracks, drops, or places
any materials upon any street, sidewalk, alley, drainageway or public
ground in the City of Fox Lake shall immediately stop and remove said
materials at no cost to the City.
(2)
In the event said operator is performing work under the control or authority of the owner, occupant, or person in charge of the work on private premises, and said operator causes the deposition of any materials upon any street, sidewalk, alley, drainageway, or public ground in the City of Fox Lake, and which said operator fails to remove said materials as required in Subsection C(1) above, the owner, occupant, or person in charge of said work on said private premises shall remove said materials at no cost to the City.
D.
In the event the materials are not removed from the street in accordance with Subsections B and C above, the City shall cause the removal of such materials and shall charge said operator, or said owner, occupant, or person in charge of said work, the cost of the removal. In the event the person charged for said removal fails to pay such costs within 30 days, it shall be entered on the tax roll as a special tax against said property.
E.
In addition to the costs of removal, said operator, or said owner, occupant, or person in charge of said property, shall be subject to a penalty per occurrence as prescribed in § 1-4 of this Code. Each day that said materials are not removed shall constitute a separate offense under this section.
A.
In the interests of public safety, health, general welfare, community
appearance, and efficiency of operation, it shall be unlawful in any
way to cause damage, injury, or destruction to any portion or any
fixture of any street, sidewalk, alley, curb and gutter, drainageway,
or public ground in the City of Fox Lake.
B.
The person who causes damage, injury, or destruction of any portion
of any street, sidewalk, alley, curb and gutter, drainageway, or public
ground in the City of Fox Lake shall immediately stop and notify the
Police Department that he/she has caused such damages and shall correct
said damages within 10 days at no cost to the City.
C.
Damages caused by motor vehicles.
(1)
In the event the operator of any motor vehicle or equipment which
causes damage, injury, or destruction of any portion of any street,
sidewalk, alley, curb and gutter, drainageway, or public ground in
the City of Fox Lake fails to report such damage, it shall be considered
a violation of this section.
(2)
In the event said operator is performing work under the control or authority of the owner, occupant, or person in charge of the work on private premises, and said operator causes the damage of any portion or fixture of any street, sidewalk, alley, curb and gutter, drainageway, or public ground in the City of Fox Lake, and which said operator fails to correct said damages as required in Subsection B above, the owner, occupant, or person in charge of said work on said private premises shall correct said damages at no cost to the City.
D.
In the event the damages are not corrected within 10 days, the City
shall cause the correction of said damages and shall charge the operator,
or owner, occupant, or person in charge of said property, the cost
of correcting the damage. In the event said costs remain unpaid following
30 days, they shall be entered on the tax roll as a special tax against
said property.
E.
In addition to the costs to correct damages, said operator, or said owner, occupant, or person in charge of said property, shall be subject to a penalty per occurrence as prescribed in § 1-4 of this Code. Each day after said 10 days that the damages are not corrected shall constitute a separate offense under this section.
The statutory provisions in the following enumerated sections
of the Wisconsin Statutes, exclusive of any provisions therein relating
to the penalties to be imposed or the punishment for violation of
said statutes, are hereby adopted and by reference made a part of
this section. Any act required to be performed or prohibited by any
regulation incorporated herein by reference is required or prohibited
by this section. Any future amendments, revisions or modifications
of the statutory regulations incorporated herein are intended to be
made part of this section.
A.
Section 66.1035, Rights of abutting owners.
B.
Section 82.19, Discontinuance of highways.
C.
Section 86.03, Trees on and adjacent to highways.
D.
Section 86.04, Highway encroachments.
E.
Section 86.05, Entrances to highways restored.
F.
Section 86.06, Highways closed to travel.
G.
Section 86.07, Digging in highways or using bridges for advertising.
H.
Section 86.105, Snow removal in private driveways.
I.
Section 86.19, Highway signs, regulation, prohibition.
J.
Section 893.83, Damages caused by accumulation of snow or ice; liability
of city, village, town, and county.
A.
Purpose. The purpose of this section is to safeguard the beauty of
the City of Fox Lake while ensuring the rights of the individual to
receive a newspaper in readable condition.
B.
Newspaper receptacle defined. For the purpose of this section, "newspaper
receptacle" is any outside device designed for and/or used to receive
newspapers, advertising flyers or similar printed materials delivered
by a carrier. Included in this definition are such devices which may
be freestanding or attached to the sides of buildings, posts, mailbox
posts and/or other outside structures.
C.
Restrictions. Newspaper receptacles are prohibited in public rights-of-way,
except at the edge of the roadway or street. No more than one newspaper
receptacle shall be placed per dwelling unit. No newspaper receptacle
shall be placed on a lot other than the lot occupied by the dwelling
without written permission of the lot owner. All newspaper receptacles
shall be maintained in a presentable manner.
D.
Color. All newspaper receptacles shall be of standard neutral color,
brown or tan, as approved by the City. Permitted newspaper receptacles
shall not display any advertising message, including but not limited
to the name of a newspaper or flyer, but may display an identifying
mark for each publisher using the receptacle not to exceed two inches
by two inches in size.
E.
Removal. Each publisher which has placed or places a newspaper receptacle
pursuant to this section shall provide the occupier of the dwelling
to which it is adjacent with a self-addressed postcard, printed in
such a manner that the occupier may instruct the publisher to remove
the newspaper receptacle. If the publisher receives instructions from
the occupier to remove the newspaper receptacle, the publisher shall
remove the newspaper receptacle within 10 days of the receipt of the
instructions.
All grass clippings from lawn mowing or other sources shall
not be allowed to blow upon or accumulate upon any public street in
the City of Fox Lake where such grass clippings could wash into any
storm sewer drainage inlet.
