[Adopted 12-14-1998 as Title 6, Ch. 2, of the 1998 Code]
No owner or occupant shall allow the sidewalk abutting on his/her
premises to be littered with rubbish or dirt. If such owner or occupant
shall refuse or fail to remove any such rubbish or dirt when notified
to do so by the Village Board or its designee, the Village Board or
its designee may cause the same to be done and report the cost thereof
to the Village Clerk who shall spread the cost on the tax roll as
a special tax against the premises, pursuant to § 66.0627,
Wis. Stats., or such cost may be recovered in an action against the
owner or occupant.
[Amended 5-11-2015 by Ord. No. 2015-01; 7-10-2017 by Ord. No. 2017-02]
A.
Board may order. The Village Board may determine that sidewalks may
be constructed, laid, rebuilt or repaired along or upon any public
street, right-of-way or highway within the Village. The Village Board
may determine or change the width or grade of any street or sidewalk.
B.
Cost of sidewalks.
(1)
New subdivision sidewalks. Sidewalks required in new subdivisions and developments shall be paid for by the land divider pursuant to Chapter 477, Subdivision of Land, of this Code. New sidewalks constructed in existing areas of the Village shall be paid for by adjacent property owners.
(2)
Sidewalk repair and reconstruction. The property owner will be assessed
50% of the cost of sidewalk reconstruction based on current cost estimates
provided to the Village of Brandon at that time.
(a)
When new sidewalks are installed on one side of the street without
sidewalks on either side, 100% of the assessment shall be distributed
equally between property owners on both sides of the street.
C.
Permit required. No person shall hereafter lay, remove, replace or
repair any public sidewalk within the Village of Brandon unless he/she
is under contract with the Village to do such work or has obtained
a permit therefor from the Clerk or Director of Public Works at least
two days before work is proposed to be undertaken. A fee as set by
the Village Board shall be charged for such permit.
D.
Standard specifications for sidewalk.
(1)
Slope.
(a)
All forms must be approved by the Director of Public Works or
other inspector designated by the Director of Public Works 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.
(2)
Width and thickness.
(a)
Residential walks shall match width, but not less than four
inches in thickness, except within driveway approaches where the minimum
thickness shall be seven inches.
(b)
Sidewalks in front of commercial or industrial establishments
shall be not less than eight feet in width and five inches in thickness
except within driveway approaches where the minimum thickness shall
be seven inches.
(3)
Finishing. The concrete shall be struck off true to grade, finished
smooth and given a broom finish. All edges shall be rounded. No tool
marks shall be left on exposed surfaces. In case of rain, the walk
shall be covered to protect the surface from being damaged. Sidewalks
shall be kept free from all traffic at normal temperatures for 48
hours.
E.
Repair or replacement of defective sidewalks.
(1)
The Village Board may determine that any sidewalk which is unsafe,
defective, or insufficient be repaired or removed and replaced with
a sidewalk in accordance with this section. The existence of any one
or more of the hereinafter enumerated characteristics shall determine
whether a sidewalk is defective or insufficient:
(a)
If an owner disagrees with the need for the repair, they may
appeal to the next meeting of the Board of Public Works, whose decision
would be final. An owner may decide to perform the work themselves.
The owner has 60 days to complete the repairs or have it repaired
by the Village. Owners are assessed for 50% of the sidewalk replacement
costs.
(b)
One inch or more vertical differential between adjacent sharp
edged individual sidewalk blocks (crack in slab) and between adjacent
round edged individual sidewalk blocks (joint).
(c)
One-and-one-fourth inch horizontal distance between adjacent
individual sidewalk blocks.
(d)
Deterioration of the surface to a vertical depth of 1/2 inch
or more within each individual sidewalk block.
(2)
If 60% of a property owner's sidewalk blocks are determined
to be defective of insufficient, the entire sidewalk shall be replaced.
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
Village-owned easement within the Village of Brandon without a permit
therefor from the Village Clerk or Director of Public Works.
(2)
Fee. The fee for each application for a street opening permit shall
be as set by the Village Board, plus any actual Village expenses.
Applications may be made for multiple street openings on one application
form, at the fee as set by the Village Board; however, each opening
must be listed at the time the application is submitted to the Director
of Public Works or Village Clerk for approval. Permit fees shall be
paid to the Village Clerk 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 or Village Clerk,
the application and review fee shall be as set by the Village Board,
plus any actual expenses.[1]
(3)
Fee; emergency excavation. In the event of an emergency excavation for the protection of property, life, health, or safety and as authorized in § 404-7H, there shall be no permit fee (except any actual Village expenses shall be charged to the permittee), provided the application for the street opening permit is filed with the Director of Public Works or Village Clerk within two regular business days of the excavation in accordance with § 404-7H. 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 Village Board, plus any actual Village expenses.[2]
(4)
Surcharge. In addition to any permit fees or Village 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 Village-owned easement
within the Village of Brandon. 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/her agent. The applicant
shall submit to the Village 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 applicant proposes to use in doing the
work. The Village Clerk or Director of Public Works 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 Village Board or Director
of Public Works.
D.
Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 404-7G 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 Clerk or Director of Public Works and pay a renewal permit
fee as set by the Village Board. Permit renewals shall be issued at
the discretion of the Village Clerk or Director of Public Works.[3]
F.
Village standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this section and § 404-7. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to the condition prior to damage.
G.
Insurance. Prior to the commencement of excavation work, a permittee
must furnish the Village satisfactory written evidence that he/she
has in force and will maintain during the life of the permit and the
period of excavation public liability insurance in an amount not less
than $1,000,000 per person and $1,000,000 for property damage. This
may be altered by the Village Board on small contracts. In the event
the permittee claims to be self-insured, then he/she shall place on
file with the Village Clerk a certificate of self-insurance in the
sums set forth in this subsection for personal injury and property
damage and said permittee shall also execute to the Village an agreement
to indemnify and save harmless the Village from any and all liability
for claims, accidents to damages caused by reason of operation under
the permit, whether or not the same are caused by the negligence of
the permittee, the Village of Brandon, or any other person, firm or
corporation.
H.
Bond.
(1)
Before a permit for excavating or opening any street or public way
may be issued, the applicant must execute and deposit with the Village
Clerk an indemnity bond in the sum of $10,000 conditioned that he/she
will indemnify and save harmless the Village of Brandon and its officers
from all liability for accidents and damage caused by any of the work
covered by his permit and that he/she 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/she
may make as near as can be to the state and condition in which he/she
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 one year, and that he/she 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
Village Board and will repair any damage done to existing improvements
during the progress of the excavation in accordance with the ordinances,
rules and regulations of the Village. Such statement shall also guarantee
that, if the Village shall elect to make the street repair, the person
opening the street will pay all costs of making such repair and of
maintaining the same for one year.
(2)
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 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 Village
in an amount determined by the Village Board.
(4)
Whenever the Village Board 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/her 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.
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 § 404-7, and any and all subsections thereunder, except that a Village 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 April 1 except where
it is determined by the Village Board or its 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 Village Board or its designee, and in accordance with Section
VI of the Manual on Uniform Traffic Control Devices. Sufficient warning
lights shall be kept on from sunset to sunrise. No open flame warning
devices shall be used. Except by special permission from the Director
of Public Works, no trench shall be excavated more than 250 feet in
advance of pipe or conduit laying 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 Village in defending
any action brought against it for damages, as well as cost of any
appeal, that may result from the neglect by such person or his employees
of any necessary precaution against injury or damage to persons, vehicles
or property of any kind.
(3)
Unless otherwise approved, a minimum of one lane of traffic in each
direction shall be provided. Every effort shall be made on the part
of the permittee to provide reasonable access to all properties adjacent
to his project. In the event traffic is limited to less than one lane
in each direction, a flagman or temporary traffic control signal shall
be provided so as to safely cycle traffic in each direction past the
work area.
(4)
The permittee shall perform the work in such a manner so as not to disrupt the flow of traffic in the area or endanger the safety of workmen or passersby. It shall be the responsibility of the permittee to prevent traffic backup during construction operation. The permittee shall notify the Director of Public Works 24 hours prior to commencement of excavation of the location and extent of the excavation, unless the excavation is an emergency excavation as identified in Subsection H.
(5)
When the operations will result in the loss of any utility service to private properties, the private properties shall be notified, in writing or by personal contact, at least 12 hours prior to the loss of service, unless the operations are part of an emergency excavation as defined in Subsection H.
C.
Pavement removal.
(1)
Removal of existing pavement shall be to neat, straight lines. The
permittee shall make a final saw cut in the existing pavement after
backfilling. Excavations shall be kept to the minimum possible and
acceptable for the convenience and safe performance of his work and
in accordance with all applicable codes and regulations.
(2)
If the pavement is damaged during excavation beyond the original
saw cut lines, it shall be saw cut again along neat, straight lines.
The finished saw cut shall leave a regular rectangular section for
pavement replacement. Should the street opening occur within, adjacent
or close to an existing patch or require more than one opening within
a short distance, the permittee shall identify and locate the existing
patches or additional openings on the permit application form. The
Director of Public Works shall, on the basis of an on-site inspection,
approximate the boundaries of the pavement replacement area.
(3)
Pavement replacement areas with the long dimension in the direction
of travel shall have the long dimension parallel 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 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, is unsuitable.
(2)
In refilling the excavation, if there is not sufficient material
excavated suitable for refilling, the deficiency shall be made up
with material, approved prior to use by the Director of Public Works,
hauled in.
(3)
Wherever an excavation crosses an existing utility, pipe or other
structure, backfill shall be carefully compacted in stages from the
bottom of the excavation. Any sanitary sewer, storm sewer, water,
telephone, natural gas or other service shall not be interrupted by
the permittee. It shall be the permittee's responsibility to
have the various utilities locate and mark their facilities prior
to excavation.
(4)
Mechanical compaction shall be used on all materials used for trench
backfill. Each layer (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
Clerk or 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 Village Clerk or
Director of Public Works shall also be notified at least four hours
prior to backfilling and/or restoring the surface.
G.
Pavement replacement.
(1)
Backfill material shall be left below the original surface to allow
for four inches of three-inch crushed stone and four inches of three-fourths-inch
crushed stone, plus the thickness of the required pavement structure.
If paving will not occur as part of the initial street restoration
operation, the balance of the opening to the original surface elevation
shall be backfilled with compacted three-fourths-inch crushed stone.
(2)
Bituminous pavement shall be placed the full depth of the existing
pavement or 2 1/2 inches, whichever is greater. Bituminous pavement
shall be placed in a maximum of a base layer of 1 1/2 inches
and a one-inch top layer, with each layer compacted to maximum density
and shall consist of Wisconsin Department of Transportation Gradation
No. 1 for the binder course and Wisconsin Department of Transportation
No. 3 for the surface course. The finished surface shall be smooth
and free of surface irregularities and shall match the existing pavement
and any castings or street appurtenances. Allowable deviations shall
be no more than 1/4 inch as measured with a ten-foot straight edge.
(3)
Concrete pavement shall be placed to the full depth of the existing
pavement or seven inches, whichever is greater. Concrete used shall
not contain calcium chloride. The surface shall be given a light broom
finish. The edges shall be tooled to prevent 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 Village officials.
(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 Village Engineer. No patching of concrete
driveway areas will be allowed between joints or dummy joints.
(6)
In emergency excavations during winter months when it is not possible
to replace the removed pavement with a like material, the excavation
shall be temporarily resurfaced with a minimum of three inches of
cold mix bituminous material. This temporary wearing surface shall
be compacted and rolled smooth. These temporary wearing surfaces shall
be removed and replaced with material as specified above by not later
than the following June 1, except as provided above. Permanent pavements
shall be replaced within 60 days of the date of the permit.
(7)
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/her agents and employees make take immediate
proper emergency measures to remedy dangerous conditions for the protection
of property, life, health or safety without obtaining an excavation
permit, provided that such person, firm or corporation shall apply
for an excavation permit not later than the next business day and
shall notify the Village office immediately.
I.
Excavation in new streets limited. Whenever the Village Board determines
to provide for the permanent improvement or repaving of any street,
such determination shall be made not less than 30 days before the
work of improvement or repaving shall begin. Immediately after such
determination by the Village Board, the Village Clerk shall notify
each person, utility or other agency owning or controlling any sewer,
water main, conduit or other utility in or under said street or any
real property abutting said street that all such excavation work in
such street must be completed within 30 days. After such permanent
improvement or repaving, no permit shall be issued to open or excavate
said street for a period of five years after the date of improvement
or repaving unless, in the opinion of the Village Board or its designee,
conditions exist which make it absolutely essential that the permit
be issued. Every effort shall be made to place gas, electric, telephone
and television cable lines in street terraces.
J.
Repair by Village. The Village 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.
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1)
Temporary encroachments or obstructions authorized by permit under § 404-9 of this article pursuant to § 66.0425, Wis. Stats.
(2)
Building materials for the period authorized by the Village Clerk
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.
Standards. Property owners may place certain fixtures on sidewalks
which immediately adjoin their property if the following requirements
are met:
(1)
The property must be located in an area used for commercial uses.
(2)
The fixture(s) shall not be physically attached to the sidewalk,
any street fixture or any adjacent building and shall be of a temporary
design.
(3)
The placement of the fixture shall not significantly impede the flow
of pedestrian traffic on the sidewalk. In no event shall the fixture
reduce the unobstructed sidewalk width to less than three feet at
any point.
D.
Removal by Village for sidewalk obstructions and encroachments. In
addition to any other penalty imposed, if any Village enforcement
official determines that a sidewalk is unlawfully obstructed in violation
of this section, he/she shall issue a written notice to the owner
or occupant of the premises which adjoins the obstructed sidewalk
directing that the obstruction be removed within 24 hours.
E.
Removal by Village for 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/she
shall issue a written notice to the property owner of the premises
which adjoins the obstructed public area directing that the obstruction
be removed within 24 hours.
F.
Failure to remove obstruction.
(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 Clerk shall enter those charges onto the tax roll as a special tax as provided by the state statutes.
(2)
The failure of the Village Clerk to record such claim or to mail
such notice, or the failure of the owner to receive such notice, shall
not affect the right to place the Village expense on the tax rolls
for unpaid bills for abating the obstruction as provided for in this
section.
A.
When required. Permits for the use of the streets, alleys, sidewalks
or other public ways or places of the Village may be granted to applicants
by the Village Clerk for the purpose of encumbering the street, alley,
sidewalk or way with materials necessary in and about the construction
or demolition of any building or structure, provided that such applicant
has complied with the other requirements of this section and has obtained
a building permit if required by this Code. The Village Clerk shall
request advisory recommendations from the Director of Public Works,
Chief of Police and/or Building Inspector prior to issuance of the
permit. Village officials may attach conditions to the permit, including
proof of liability insurance.[1]
B.
Bond. No street privilege permit shall be issued until the applicant
shall execute and file with the Village Clerk a bond in an amount
determined by the Director of Public Works not exceeding $10,000,
conditioned that the applicant will indemnify and 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 resulting
from such building operations. Upon request, the Village Board may
waive this requirement.[2]
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, removal
of buildings or structures and shall be given upon the following terms
and conditions and subject to revocation without notice by the Village
Board, Director of Public Works, Chief of Police, or Building Inspector
for violation thereof:[4]
(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 Village
Clerk.
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 Village Board to do so, it shall be the
duty of the Village Board to remove such obstruction and make return
of the costs and expenses thereof to the Village Clerk, who shall
enter such cost on the next annual tax roll as a special charge against
the property abutting such obstructed sidewalk, and such sum shall
be levied and collected as other special taxes against real estate.[5]
A.
The owner or occupant of any lot or parcel shall, within 24 hours
after the end of a snow event or drifting snow, cause the same to
be kept clear of snow and ice.
B.
The penalty for failure to remove snow or ice shall be a fine of
$30 up to $1,000.
C.
In addition to the penalty for a violation of this section, the Village
may remove such snow or ice and cause the cost of such removal to
be charged to the owner of the property from which it has been removed
as set forth before. The charge for snow removal by Village employees
shall be computed at the hourly rate, including benefits, of the employees
involved in such snow removal, together with an administrative fee
of $25 per occasion. These costs are not to be considered to be a
penalty, but are to reimburse the Village for the cost in administration
and overhead for such employees involved in snow removal.
D.
An annual
notice of this section will be posted in the three posting places
in public view and published in the Village newsletter and/or the
Fond du Lac Reporter.
B.
Noxious weeds; paving. All that part of a residential terrace not
covered by a sidewalk shall be kept free and clear of all noxious
weeds and shall not be paved, surfaced or covered with any material
which shall prevent the growth of plants and shall be maintained as
a lawn, except in areas specifically approved by the Village Board
or its designee. Basketball backstops, statuary, structures, flagpoles
and other objects shall not be placed in the terrace area.
C.
Responsibility to maintain. Every owner of land in the Village whose
land abuts a terrace is required to maintain, or have maintained by
his/her tenant, the terrace directly abutting such land as provided
in this section and elsewhere in this Code. Every owner shall keep
mailboxes located on a terrace free and clear of snow.
All vaults and cisterns under sidewalks shall be prohibited.
Requests or petitions by Village property owners for new streets,
street resurfacing, curb and gutter, storm sewers, utility work and
sidewalks shall be presented to the Village Board on or before September
15 to be considered for installation in the following year.[1]
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.
Such unlawful material or obstruction may be removed by the Village
and the cost thereof billed to the violator pursuant to § 66.0627,
Wis. Stats.
A.
Numbering system established. There is hereby established a uniform
system of numbering houses and buildings fronting on all streets,
avenues and public ways in the Village of Brandon, and all houses
and buildings shall be numbered in accordance with the provisions
of this section.
B.
Survey and placement of numbers on buildings.
(1)
Survey. The Village Board 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 said Village its respective
number under the uniform system provided for in this section. When
said survey shall have 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 under the uniform
system provided for in this section.
(2)
Expense. Such number or numbers shall be placed within 20 days after
the assigning of the proper number. The cost of the number or numbers
or replacement of the number or numbers shall be paid for by the owner.
(3)
Specifications. The numbers used shall not be less than 2 1/2
inches in height. The numbers shall be conspicuously placed immediately
above, on or at the side of the proper door of each building so that
the number can be seen plainly from the street. Whenever any building
is situated more than 50 feet from the street line, the number of
such building shall be conspicuously displayed at the street line,
near the walk, driveway or common entrance to such building and upon
a gatepost, fence, tree, post or other appropriate place so as to
be easily discernible from the sidewalk.
C.
Distinctive numbers for portions of buildings. Where only one number
can be assigned to any house or building and the owner, occupant or
agent of such house or building shall desire distinctive numbers for
the upper and lower portion of any such house or building, or for
any part of such house or building, fronting on any street, such owner,
occupant or agent shall use the suffix A, B, C, etc., as may be required.
D.
Plat book. For the purpose of facilitating a correct numbering, a
plat book of all streets, avenues and public highways within the Village
showing the proper numbers of all lots or houses fronting upon all
streets, avenues or highways shall be kept on file in the office of
the Village Clerk. These plats shall be open to inspection of all
persons during the office hours of the Clerk.
E.
Building Inspector to determine numbers. It shall be the duty of
the Building Inspector to inform any party applying therefor of the
number or numbers belonging or embraced within the limits of said
lot or property as provided in this section. In case of doubt as to
the proper number to be assigned to any lot or building, the Inspector
shall determine the number of such lot or building.
F.
Duty of the owner. Whenever any house, building or structure shall
be erected or located in the Village of Brandon 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, it shall be the duty of the owner
to secure the correct number or numbers as designated from the Building
Inspector for said property and to immediately fasten said number
or numbers so assigned upon said building as provided by this section.
No building permit shall be issued for any house, building or structure
until the owner has procured from the Inspector the official number
of the premises.
G.
Violation. If the owner or occupant of any building required to be
numbered by this section shall neglect for the period of 20 days to
duly attach and maintain the proper number on such building, the Director
of Public Works shall serve upon him/her a notice requiring such owner
or occupant to properly number the same, and if he/she neglects to
do so for 10 days after the service of such notice, he/she shall be
deemed to have violated this section.[1]
The Village of Brandon shall not permit any person to use and/or
lease any Village office or public works equipment for private purposes.
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 Village of Brandon.
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 Village
of Brandon shall immediately remove said materials at no cost to the
Village.
C.
Deposits from 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 Village of Brandon shall immediately stop and remove
said materials at no cost to the Village.
(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 Village of Brandon, 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 Village.
D.
In the event the materials are not removed from the street, sidewalk, alley, drainageway, or public ground in accordance with Subsection B or C above, the Village 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, they shall be entered on the tax roll as a special tax against said property.[1]
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, drainageway, or public ground
in the Village of Brandon.
B.
The person who causes damage, injury, or destruction of any portion
of any street, sidewalk, alley, drainageway, or public ground in the
Village of Brandon shall immediately stop and notify the Police Department
that he has caused such damages and shall correct said damages within
10 days at no cost to the Village.
C.
Damage caused by 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, drainageway, or public ground in the Village of Brandon
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, drainageway, or public ground in the Village of Brandon, 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 Village.
D.
In the event the damages are not corrected within 10 days, the Village
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 if 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 highway.
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.
All grass clippings from lawnmowing or other sources shall not
be allowed to accumulate upon any public street or be dumped on a
public right-of-way in such a manner in the Village of Brandon where
such grass clippings could wash into any storm sewer drainage inlet
in significant quantities.