[Adopted 7-6-1998 by Ord.
No. 98-11 as Ch. 8 of the 1998 Code]
[Amended 6-4-2018 by Ord.
No. 2018-04; 12-13-2021 by Ord. No. 2021-04]
A. Removal of rubbish and dirt from sidewalk. No owner or occupant shall
allow the sidewalk abutting on his premises to be littered with rubbish,
dirt, or weeds. If such owner or occupant shall refuse or fail to
remove any such rubbish, dirt, or weeds, when notified to do so by
the Village Board, the Public Works Director or their designee, the
same may cause the work to be done by a Village contractor and report
the cost thereof to the Village Treasurer, who shall levy the cost
on the tax roll as a special charge against the premises pursuant
to § 66.0627, Wis. Stats., or such cost may be recovered
in an action against the owner or occupant.
B. Construction and repair of sidewalks; cost of curb and gutter.
(1) 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. It may also choose to waive this requirement if
it determines it is in the best interest of the general public.
(2) Cost of sidewalks.
(a)
New subdivision sidewalks. Sidewalks required in new subdivisions
shall be constructed at the cost of the developer.
(b)
Existing streets. The Village contributes 100% of the sidewalk
construction cost.
(c)
Repair and maintenance of existing sidewalks. The Village shall
pay for the cost of maintaining, reconstructing, removing and repairing
existing sidewalks.
C. Sidewalk construction specifications. Current construction specifications
for sidewalks are available at the Village Hall.
Any person who shall violate any provision of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in §
1-4 of this Code.
[Adopted 3-20-2017 by Ord. No. 2017-02]
The following definitions apply in this article. References
hereafter to "sections" are, unless otherwise specified, references
to sections in this article. Defined terms remain defined terms whether
or not capitalized.
APPLICANT
Any person requesting permission to excavate, obstruct and/or
occupy a right-of-way.
DEGRADATION
The accelerated depreciation of the right-of-way, caused
by an excavation of the right-of-way, resulting in the need to reconstruct
such right-of-way earlier than would be required if the excavation
did not occur.
DEPARTMENT INSPECTOR
Any person authorized by the Department to carry out inspections
related to the provisions of this article.
EMERGENCY
A condition that poses a clear and immediate danger to life
or health, or of a significant loss of property or requires immediate
repair or replacement in order to restore service to a customer.
EXCAVATE
To dig into or in any way remove or physically disturb or
penetrate any part of a right-of-way.
FACILITIES
All equipment owned, operated, leased or subleased in connection
with the operation of a service or utility service, and shall include
but is not limited to poles, wires, pipes, cables, underground conduits,
ducts, manholes, vaults, fiber optic cables, lines and other structures
and appurtenances.
IN
When used in conjunction with "right-of-way," means over,
above, in, within, on or under a right-of-way.
LOCAL REPRESENTATIVE
A local person or persons, or designee of such person or
persons, authorized by a registrant to accept service and to make
decisions for that registrant regarding all matters within the scope
of this article.
OBSTRUCT
To place any object in a right-of-way so as to hinder free
and open passage over/under, on or in that or any part of the right-of-way.
OCCUPY
To dwell or reside above, on, in, or below the boundaries
of the public rights-of-way.
PERMITTEE
Any person to whom a permit to excavate or occupy a right-of-way
has been granted by the Village under this article.
PERSON
Municipality, corporation, company, including a "company"
as defined in § 182.017(1g)(b), Wis. Stats., association,
firm, partnership, limited liability company, limited liability partnership
and individuals and their lessors, transferees and receivers.
PSCW
The Public Service Commission of Wisconsin.
REGISTRANT
Any person who has registered with the Village to have its
facilities located in any right-of-way or to use or seek to occupy
or use the right-of-way or any facilities in the right-of-way.
REPAIR
To perform construction work necessary to make the right-of-way
usable for travel, according to Department specifications, or to return
facilities to an operable condition that is in as good or better a
condition as the facilities were before the work commenced.
REPAIR BOND
A performance bond, a letter of credit, or cash deposit posted
to ensure the availability of sufficient funds to assure that right-of-way
excavation repair work is completed in both a timely and quality manner,
per Department specifications.
RIGHT-OF-WAY
The surface and space above and below a public roadway, highway,
street, bicycle lane, landscape terrace, shoulders, side slopes, and
public sidewalk in which the Village has an interest, including other
dedicated rights-of-way for travel purposes.
RIGHTS-OF-WAY USER
A person owning or controlling a facility in the public right-of-way,
or seeking to own or control a facility in the public right-of-way.
SERVICE or UTILITY SERVICE
Includes services such as municipal sewer and water services
and services provided by a public utility or a company subject to
§ 182.017, Wis. Stats., and other similar services.
SUPPLEMENTARY APPLICATION
An application made to excavate or obstruct more of the right-of-way
than allowed in, or to extend, a permit that has already been issued.
UNUSABLE FACILITIES
Facilities in the right-of-way which have remained unused
for one year and for which the registrant is unable to provide proof
that it has either a plan to begin using them within the next 24 months
or a potential purchaser or user of the facilities.
VILLAGE
The Village of Denmark, Wisconsin, a Wisconsin municipal
corporation.
The Village of Denmark Public Works Department, through its
Public Works Director, is responsible for the administration of the
rights-of-way, and the permits and ordinances related thereto.
Any person aggrieved by a decision of the Department revoking,
suspending, refusing to issue or refusing to extend a permit may file
a request for review with the Village Board. A request for review
shall be filed within 10 days of the decision being appealed. Following
a hearing, the Village Board may affirm, reverse or modify the decision
of the Department.
When the Village performs work in the right-of-way and finds
it necessary to maintain, support, shore, or move a registrant's facilities,
the Village shall notify the local representative. The registrant
shall meet with the Village's representative within 24 hours and coordinate
the protection, maintenance, supporting, and/or shoring of the registrant's
facilities. The registrant shall accomplish the needed work within
72 hours, unless the Village agrees to a longer period. In the event
that the registrant does not proceed to maintain, support, shore,
or move its facilities, the Village may arrange to do the work and
bill the registrant, said bill to be paid within 30 days.
By registering with the Village, or by accepting a permit under
this article, a registrant or permittee, as the case may be, agrees
to indemnify, defend, and hold harmless the Village, its officers,
boards, committees, commissions, elected officials, employees and
agents (collectively, "indemnified parties") from and against all
loss or expense (including liability costs and attorney's fees) by
reason of any losses, damages, claims or suit, or of liability imposed
by law upon an indemnified party for damages because of bodily injury,
including death, at any time resulting therefrom, sustained by any
person or persons or on account of damages to property, including
loss of use thereof, arising from, in connection with, caused by or
resulting from the permittee's acts or omissions in the performance
of the work under this permit, whether caused by or contributed to
by the Village or its agents or employees.
The Village, by the granting of a permit to excavate, obstruct
and/or occupy the right-of-way, or by registering a person under this
article, does not surrender or to any extent lose, waive, impair or
lessen the lawful powers and rights which it has now or which may
be hereafter granted to the Village under the Constitution and statutes
of the State of Wisconsin to regulate the use of the right-of-way
by the permittee, and the permittee by its acceptance of a permit
to excavate, obstruct and/or occupy the right-of-way or of registration
under this article agrees that all lawful powers and rights, regulatory
power, or police power, or otherwise as are or the same may be from
time to time vested in or reserved to the Village shall be in full
force and effect and subject to the exercise thereof by the Village
at any time. A permittee or registrant is deemed to acknowledge that
its rights are subject to the regulatory and police powers of the
Village to adopt and enforce general ordinances necessary to the safety
and welfare of the public and is deemed to agree to comply with all
applicable general law, and ordinances enacted by the Village pursuant
to such powers. The Village's exercise of police powers includes but
is not limited to imposition of the costs and expenses of enforcement
of this article, including attorney's fees.