Village of Brandon, WI General Regulations

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.

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.

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.

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.

Standard specifications for sidewalk.

Slope.

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.

Width and thickness.

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.

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.

Repair or replacement of defective sidewalks.

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:

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.

If 60% of a property owner's sidewalk blocks are determined to be defective of insufficient, the entire sidewalk shall be replaced.

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.

§ 404-6 Excavations of streets, alleys, public ways and grounds.

Permit required.

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.

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]

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

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]

[2]

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

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

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.

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.

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.

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]

[3]

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

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.

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.

Bond.

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.

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.

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.

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.

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.

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.

§ 404-7 Regulations governing excavations and openings.

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.

Protection of public.

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]

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

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.

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.

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.

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.

Pavement removal.

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.

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.

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.

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.

Excavation.

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.

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.

Backfilling.

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.

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.

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.

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.

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.

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.

Pavement replacement.

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.

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.

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.

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.

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.

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.

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.

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.

§ 404-8 Obstructions and encroachments.

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.

Exceptions. The prohibition of Subsection A shall not apply to the following:

Temporary encroachments or obstructions authorized by permit under § 404-9 of this article pursuant to § 66.0425, Wis. Stats.

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.

Excavations and openings permitted under §§ 404-6 and 404-7 of this article.

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

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

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.

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.

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.

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.

Failure to remove obstruction.

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.

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.

§ 404-9 Street privilege permit.

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]

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

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]

[2]

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

Fee. The fee for a street privilege permit shall be as set by the Village Board, plus any actual Village costs.[3]

[3]

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

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]

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

Obstructions shall be sufficiently lighted at night so as to be in full view of the public from all directions.

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.

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.

[4]

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

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.

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]

[5]

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

§ 404-10 Snow and ice removal. [1]

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.

The penalty for failure to remove snow or ice shall be a fine of $30 up to $1,000.

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.

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.

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

§ 404-11 Terrace areas.

Definition. The definition of "terrace" shall be as provided in § 421-2.

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.

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.

§ 404-12 Vaults.

All vaults and cisterns under sidewalks shall be prohibited.

§ 404-13 Requests for improvements.

Requests or petitions by Village property owners for new streets, street resurfacing, curb and gutter, storm sewers, utility work and sidewalks shall be presented to the Village Board on or before September 15 to be considered for installation in the following year.[1]

Editor's Note: Original § 6-2-11 of the 1998 Code, Unlawful dumping on streets, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 404-14 Obstruction of public ditches.

No person shall in any manner obstruct or cause to be obstructed the free passage of water in any public gutter, ditch, culvert, swale or drain or place or cause to be placed any rubbish, dirt, sand, gravel or any other matter or thing so that the same is likely to be carried by the elements into any public gutter, ditch, culvert, swale or drain. 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.

§ 404-15 Street numbers.

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.

Survey and placement of numbers on buildings.

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.

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.

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.

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.

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.

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.

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.

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]

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

§ 404-16 Use and/or lease of Village equipment.

The Village of Brandon shall not permit any person to use and/or lease any Village office or public works equipment for private purposes.

§ 404-17 Dirt and debris on streets, sidewalks or public grounds.

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.

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.

Deposits from vehicles.

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.

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.

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]

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

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.

§ 404-18 Damages to streets and public property.

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.

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.

Damage caused by vehicles.

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.