[Adopted 10-4-1993 (Title
6, Ch. 2, of the 1993 Code of Ordinances), as amended through 2-17-2015]
No owner or occupant shall allow the sidewalk abutting on his
or 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 Administrator-Clerk/Treasurer who shall
spread the cost on the tax roll as a special tax against the premises,
pursuant to § 66.0627, Wis. Stats., or such cost may be
recovered in an action against the owner or occupant.
A.
Board may order. The Village Board may determine that sidewalks or
curb and gutter 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.
Apportionment of costs. Where required by the Village Board, it shall be the duty of the abutting owner to build, repair, construct and perpetually maintain sidewalks along or upon any street, alley or highway in the Village of Spencer and for the owner to pay 100% of the cost of repair or reconstruction. Sidewalks in new subdivisions shall be installed pursuant to Chapter 424, Subdivision of Land, of the Code of the Village of Spencer. Whenever the Village Board shall, by resolution, determine that a sidewalk be laid, rebuilt, repaired, lowered or raised along or upon any public street, alley or highway within the Village of Spencer, it shall proceed according to § 66.615, Wis. Stats.
C.
Permit required. No person shall hereafter lay, remove, replace or
repair any public sidewalk within the Village of Spencer unless he
or she is under contract with the Village to do such work or has obtained
a permit therefor from the Village Administrator-Clerk/Treasurer at
least three days before work is proposed to be undertaken. No fee
shall be charged for such permits.[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 Village.
(2)
Grading. Prior to construction, ground on which sidewalks are to
be placed shall be brought to within three inches of subgrade by the
contractor.
(3)
Subgrade. Subgrade shall be three inches of sand fill, thoroughly
and uniformly compacted and brought to correct grade, placing of concrete
and thoroughly wet down immediately before concrete is placed. Soft
and unsuitable subgrade material shall be removed and replaced with
sand or other satisfactory material, and the subgrade shall be thoroughly
and uniformly compacted and moistened immediately before the concrete
is placed.
(4)
Concrete. The minimum quantity of cement per cubic yard shall be
six ninety-four-pound sacks. Concrete shall be mixed for at least
one minute. Gravel shall be of good quality and washed. Concrete shall
test 2,000 pounds compression in 28 days.
(5)
Jointing. Expansion joints one-half-inch thick and four feet wide
shall be placed at fifty-foot maximum intervals. At all places where
a walk intersects another walk or curbline, a one-half-inch expansion
joint shall be placed.
(6)
Slope. To provide adequate drainage, the sidewalk shall slope toward
the curb at a minimum rate of 1/4 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 six-inch strip of street property left between the property line
and the edge of the sidewalk.
(7)
Width and thickness. Residential walks shall be five feet in width
and not less than four inches thick except within driveway approaches,
where the minimum thickness shall be six inches, provided that walks
in residential areas may be repaired or replaced to a width not less
than the existing width on the effective date of this section. 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.
Where possible, sidewalks shall be located nine feet from the curb.
One-half-inch reinforcement rod shall be used when replacing or repairing
sidewalks over alley entrances.
(8)
Finishing. The concrete shall be struck off true to grade, finished
smooth and given a broom finish. All edges shall be rounded. No tool
marks shall be left on exposed surfaces. In case of rain, the walk
shall be covered to protect the surface from being damaged. Walks
shall be kept free from all traffic at normal temperatures for 48
hours and in cold weather (below 50° F.) for 96 hours. No concrete
shall be poured when the temperature may be expected to fall below
35° F. in any seventy-two-hour period or upon frozen subgrade.
(9)
Curing. Concrete shall be kept moist by sprinkling, covering or a
combination of both for a minimum of five days.
(10)
Higher standards. Where deemed necessary by the Village, higher
sidewalk standards may be required by the Village Board.
E.
Repair or replacement of defective sidewalks. Pursuant to § 66.0907,
Wis. Stats., the Village Board may order at any time property owners
to repair or remove and replace any sidewalk which is unsafe, defective
or insufficient. If the property owner shall fail to so repair or
remove and replace such sidewalk within 30 days after service of the
notice provided in § 66.0907(3)(c), Wis. Stats., the Village
Board shall repair or construct such sidewalk, and the Village Administrator-Clerk/Treasurer
shall enter the total cost thereof upon the tax roll as a special
assessment against said lot or parcel of land. If a life-threatening
situation exists which is caused by a sidewalk in need of repair,
the Village Board, or its designee, shall direct the property owner
to make repairs within seven days. If the property owner shall fail
to repair such sidewalk within the required period, the Village Board
shall make the necessary repairs and the Village Administrator-Clerk/Treasurer
shall enter the total cost thereof on the tax roll as a special tax
against said parcel.
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. No person, partnership or corporation, or their
agents or employees or contractors, shall make or cause to be made
any opening or excavation in any public street, public alley, public
way, public ground, public sidewalk or Village-owned easement within
the Village of Spencer without a permit therefor from the Village
Administrator-Clerk/Treasurer.
B.
Application for permit. The application for a permit shall be in
writing and signed by the applicant or his or her agent. The applicant
shall submit to the Village Administrator-Clerk/Treasurer, 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 Village Administrator-Clerk/Treasurer 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 Village
Administrator.
D.
Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 418-7G for pavement replacement.
E.
Renewal of permit. If operations have begun under an approved permit
and will continue beyond the thirty-day validation period, the permittee
shall apply for a thirty-day permit renewal by written request to
the Village Administrator-Clerk/Treasurer and payment of a renewal
permit fee as set by the Village Board. Permit renewals shall be issued
at the discretion of the Village Administrator-Clerk/Treasurer.[1]
F.
Village standards; fees.
(1)
Village standards. All street work shall be performed in accordance with the current standard specifications for street openings found in this section and § 418-7. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to its condition prior to damage.
G.
Insurance required. A permit shall be issued only upon the condition
that the applicant submit to the Village Administrator-Clerk/Treasurer
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.
H.
Bond.
(1)
Before a permit for excavating or opening any street or public way
may be issued, the applicant must sign a statement that he or she
will indemnify and save harmless the Village of Spencer and its officers
from all liability for accidents and damage caused by any of the work
covered by his or her permit, and that he or 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 or she may make as near as can be to the state and condition
in which he or 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 or she will pay
all fines of forfeitures imposed upon him or her for any violation
of any rule, regulation or ordinance governing street openings or
drain laying adopted by the Village Board and will repair any damage
done to existing improvements during the progress of the excavation
in accordance with the ordinances, rules and regulations of the Village.
Such statement shall also guarantee that, if the Village shall elect
to make the street repair, the person opening the street will pay
all costs of making such repair and of maintaining the same for one
year.[3]
(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 or 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.[4]
(5)
An annual bond may be given under this section covering all excavation
work done by the principal for one year beginning January 1, which
shall be conditioned as specified above and in the amount determined
by the Village Board as necessary to adequately protect the public
and the Village.
A.
Frozen ground. No openings in the streets, alleys, sidewalks or public
ways shall be permitted between November 15 and 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 Part
6 of the MUTCD. 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 Village Administrator, 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 or
her employees of any necessary precaution against injury or damage
to persons, vehicles or property of any kind.[2]
(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 or 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.[3]
(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 Village Administrator 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 § 418-7H.
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 or her
work and in accordance with all applicable codes and regulations.[4]
(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
Village Administrator 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 Village Administrator may order the permittee to remove and replace
up to one full lane width of pavement along the patched or excavated
area. Special care shall be taken with concrete pavement to produce
a vertical face on the existing concrete at the point of the saw cut
to insure a full depth of concrete at the joint.
D.
Excavation.
(1)
All excavated material shall be piled in a manner such that pedestrian
and motor traffic is not unnecessarily disrupted. Gutters shall be
kept clear or other satisfactory provisions made for street drainage,
and natural watercourses shall not be obstructed.
(2)
Excavated material to be used for backfilling of the trench must
be so handled and placed as to be of as little inconvenience as practical
to public travel and adjoining tenants.
E.
Backfilling.
(1)
All backfill material shall be free from cinders, ashes, refuse,
vegetable or organic matter, boulders, rocks or stones greater than
eight inches in their greatest dimension, frozen lumps or other material
which in, in the opinion of the Village Administrator, 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 Village Administrator,
hauled in.
(3)
Wherever an excavation crosses an existing utility, pipe or other
structure, backfill shall be carefully compacted in stages from the
bottom of the excavation. Any sanitary sewer, storm sewer, water,
telephone, natural gas or other service shall not be interrupted by
the permittee. It shall be the permittee's responsibility to
have the various utilities locate and mark their facilities prior
to excavation.
(4)
Mechanical compaction shall be used on all materials used for trench
backfill. Each layer (twelve-inch maximum) shall be uniformly compacted
to a dry density of at least 95% of the maximum dry density as determined
by the Modified Proctor Test (ASTM-1557). Compaction or consolidation
by flooding shall not be permitted.
(5)
All excavations shall be subject to testing by the Village. Backfilled
material not achieving the above compaction requirements shall be
removed and recompacted by the permittee. The cost of any retesting
shall be paid by the permittee.
(6)
When the sides of the trench will not stand perpendicular, sheathing
and braces shall be used to prevent caving. No timber, bracing, lagging,
sheathing or other lumber shall be left in any trench. At no time
shall any street pavements be permitted to overhang the excavation.
F.
Notice. It shall be the duty of the permittee to notify the Village
Administrator-Clerk/Treasurer 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 Administrator-Clerk/Treasurer
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 one-and-one-half-inch base layer
and a one-inch top layer, with each layer compacted to maximum density
and shall consist of Wisconsin Department of Transportation Gradation
No. 1 for the binder course and Wisconsin Department of Transportation
No. 3 for the surface course. The finished surface shall be smooth
and free of surface irregularities and shall match the existing pavement
and any castings or street appurtenances. Allowable deviations shall
be no more than 1/4 inch as measured with a ten-foot straight edge.
(3)
Concrete pavement shall be placed to the full depth of the existing
pavement or seven inches, whichever is greater. Concrete used shall
not contain calcium chloride. The surface shall be given a light broom
finish. The edges shall be tooled to prevent 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)
In emergency excavations during winter months when it is not possible
to replace the removed pavement with a like material, the excavation
shall be temporarily resurfaced with a minimum of three inches of
cold mix bituminous material. This temporary wearing surface shall
be compacted and rolled smooth. These temporary wearing surfaces shall
be removed and replaced with material as specified above by not later
than the following June 1, except as provided above. Permanent pavements
shall be replaced within 60 days of the date of the permit.
H.
Emergency excavation. In the event of an emergency, any person, firm
or corporation owning or controlling any sewer, gas main, water main,
conduit or other utility in or under any public street, alley easement,
way or ground and his or her agents and employees make take immediate
proper emergency measures to remedy dangerous conditions or 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.[5]
I.
Excavation in new streets limited. Whenever the Village Board determines
to provide for the permanent improvement or repaving of any street,
such determination shall be made not less than 30 days before the
work of improvement or repaving shall begin. Immediately after such
determination by the Village Board, the Village Administrator-Clerk/Treasurer
shall notify in writing each person, utility or other agency owning
or controlling any sewer, water main, conduit or other utility in
or under said street or any real property abutting said street, that
all such excavation work in such street must be completed within 30
days. After such permanent improvement or repaving, no permit shall
be issued to open or excavate said street for a period of five years
after the date of improvement or repaving unless, in the opinion of
the Village Board or its designee, conditions exist which make it
absolutely essential that the permit be issued. Every effort shall
be made to place gas, electric, telephone and television cable lines
in street terraces.
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 or she is the owner or occupant, except as provided in Subsections B and C.[1]
B.
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1)
Temporary encroachments or obstructions authorized by permit under § 418-9 of this article pursuant to § 66.0425, Wis. Stats.
(2)
Building materials for the period authorized by the Building Inspector
which shall not obstruct more than 1/2 of the sidewalk or more than
1/3 of the traveled portion of the street and which do not interfere
with the flow in the gutters.
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 or 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.[2]
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 or she
shall issue a written notice to the property owner of the premises
which adjoin the obstructed public area directing that the obstruction
be removed within 24 hours.[3]
F.
Failure to remove obstruction.
(1)
If the owner or occupant fails to remove the obstruction within the time period established in Subsection D or E, respectively, any Village enforcement official shall cause the removal of the obstruction, keeping an account of the expense of the abatement, and such expenses shall be charged to and paid by such property owner. Notice of the bill for abatement of the obstruction shall be mailed to the owner of the premises and shall be payable within 10 calendar days from receipt thereof. Within 60 days after such costs and expenses are incurred and remain unpaid, the Village Administrator-Clerk/Treasurer shall enter those charges onto the tax roll as a special tax as provided by the state statutes.
(2)
The failure of the Village Administrator-Clerk/Treasurer 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 Chief of Police and Village Administrator 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 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 Chief of Police and Village Administrator
shall request advisory recommendations from the Village Administrator
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 Administrator-Clerk/Treasurer
a bond in an amount determined by the Village President 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, or
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, Village Administrator, 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)
No building or structure shall be allowed to remain overnight on
any street crossing or intersection or so near thereto as to prevent
easy access to any fire hydrant.
(5)
Upon termination of the work necessitating such obstruction, all
parts of the streets, alleys, sidewalks or public grounds occupied
under the permit shall be vacated, cleaned of all rubbish and obstructions
and placed in a safe condition for public travel at the expense of
the permittee.
E.
Termination. All street privilege permits shall automatically terminate
at the end of three months from the date of issuance unless an earlier
termination date is specified thereon at the discretion of the Village
Administrator-Clerk/Treasurer.
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 remove or 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 Administrator-Clerk/Treasurer
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.
A.
Removal from sidewalks. The owner, occupant or person in charge of
any parcel or lot which fronts upon or abuts any sidewalk shall keep
said sidewalk clear of all snow and ice. In the event of snow accumulating
on said sidewalk due to natural means and/or by any other means, said
sidewalks shall be cleared of all accumulated snow and/or ice within
36 hours if your lot is located in a commercial or institutional zoning
district and 72 hours if your lot is in a residential district from
the time the snow ceases to accumulate on said sidewalk. Sidewalks
are to be kept clear of snow and ice to a minimum of four feet in
width. In the event that ice has formed on any sidewalk in such a
manner that it cannot be removed, the owner, occupant or person in
charge of the parcel or lot which fronts upon or adjoins said sidewalk
shall keep the sidewalk sprinkled with sand and/or salt to permit
safe travel by pedestrians. The Board has the right to review any
sidewalk concerns after written request from property owners.
B.
Notice and cost of removal of snow from sidewalks. The Village Administrator
will publish a legal notice summarizing the requirements of this section
of the municipal code during the first week of October each year.
The cost to have the Village clean the sidewalks per occurrence is
as set by the Village Board for under 200 feet and for over 200 feet.
Failure to comply with the above requirements will cause the Village
to clean any walk, without prior notice, that is not cleared and bill
the responsible landowner.[1]
(1)
Snow and ice not to encroach. No person shall push, shove or in any
way deposit any snow or ice onto any public streets, alley, sidewalk
or public lands dedicated to public use except for parcels or lots
located where existing buildings are constructed within five feet
of the street right-of-way and the sidewalks exist from the Village
right-of-way to the curbline. In such instances, the owners, occupants
and/or employees of parcels or lots shall be permitted to deposit
snow and ice from their sidewalks onto the public streets.
C.
Enforcement. All sworn police officers and other designated Village
officials and employees are hereby authorized and directed to enforce
the provisions of this section.
D.
Continued violations. Each twenty-four-hour period where a violation
occurs shall constitute a separate offense under this section for
enforcement purposes. Repeated violations or subsequent additional
accumulations of snow and/or ice shall not nullify any pending notice
issued under this section.
E.
Expense. An account of the expenses incurred by the Village to abate
the snow and/or ice hazard shall be kept and such expenses shall be
charged to and paid by the parcel or lot owner. Notice of the bill
for the removal of snow and/or ice shall be mailed to the last-known
address of the owner of the parcel or lot and shall be payable within
10 calendar days from the receipt thereof. Within 60 days after such
costs and expenses are incurred and remain unpaid, the Village Administrator-Clerk/Treasurer
shall enter those charges onto the tax roll as a special tax as provided
by § 66.0907(5), Wis. Stats.
B.
Noxious weeds; paving. All that part of the terrace not covered by
a sidewalk shall be kept free and clear of all noxious weeds and shall
not be paved, surfaced or covered with any material which shall prevent
the growth of plants and shall be maintained as a lawn, except in
areas specifically approved by the Village Board or its designee.
Basketball backstops, statuary, structures, flag poles 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 or 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.[2]
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
1 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, alley,
or upon any public property or upon any property of another, without
the express permission of the owner of occupant thereof.
No person shall in any manner obstruct or cause to be obstructed
the free passage of water in any public gutter, ditch, culvert, swale
or drain or place or cause to be placed any rubbish, dirt, sand, gravel
or any other matter or thing so that the same is likely to be carried
by the elements into any public gutter, ditch, culvert, swale or drain.
A.
Method. All curb and gutter within the Village of Spencer shall be
laid, repaired, or replaced by the Village pursuant to either of the
following two methods:
(1)
Petition from abutting property owners. In case of a petition to
the Village to build, replace, or repair any curb and gutter signed
by the abutting property owners, such petition shall, whether specifically
stated in the petition or not, authorize said Village to build said
curb and gutter abutting the property owned by said petitioners in
such manner as the Village Board shall direct. The work shall be done
either directly by the Village or by a private contractor hired by
the Village with or without bids.
(2)
Village Board determination without petition from abutting property
owners. Whenever the Village Board shall, by resolution, determine
that a curb and gutter be laid, rebuilt, or repaired on any public
street within the Village, it shall proceed according to §§ 66.0703
and 66.0701, Wis. Stats.
B.
Cost. The landowner will be charged 100% of the cost of the curb
and gutter the first time it is built; every time after that when
it is replaced the Village will be charged 100% of the cost of the
curb and gutter. For any other reason the curb and gutter was broke
because of improvements by the property owner, the cost of the repairs
would be paid by the property owner 100%.
A.
Buildings to have street numbers. Each principal building in the
Village shall be assigned to an official street number by the Village
Administrator-Clerk/Treasurer. All lots and parts of lots in the Village
shall be numbered in accordance with a street numbering map on file
in the office of the Village Administrator-Clerk/Treasurer. Plats
shall be numbered to conform as nearly as possible to the general
scheme of numbering as outlined on the map.
B.
Street numbers to be displayed. The owner, occupant or agent in charge of the premises shall cause to be affixed and to be maintained when so affixed to each principal building controlled by him or her the official street number assigned to that building as provided in Subsection A hereof. The physical numbers provided herein shall be not less than 2 1/2 inches high on a background of not less than three inches. Each required number shall be affixed on the particular building in such a location that it may be easily and readily seen by a person of ordinary eyesight on the public street or highway upon which the building abuts. For buildings abutting also on a public alley, the street number shall also be affixed in such location that it may be seen in like manner from such alley.[1]
C.
Noncompliance. If the owner or occupant of any building neglects for 20 days to duly attach and maintain the proper numbers on the building, the Village shall serve him or her a notice requiring him or her to properly number the same, and if he or she neglects to do so for 10 days after service, he or she shall be subject to a forfeiture as provided in § 1-3.[2]
