No person shall encroach upon or in any way obstruct or encumber
any street, alley, sidewalk, public right-of-way 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 is the owner or occupant, except as provided
in this chapter.
The prohibition of § 281-35 shall not apply to the following:
A.
Signs or clocks attached to buildings which project not more than
four feet from the face of such building and which do not extend below
any point 10 feet above the sidewalk, street or alley.
B.
Awnings that do not extend below any point eight feet above the sidewalk,
street or alley.
C.
Public utility encroachments duly authorized by state law and by
the provisions of this chapter.
D.
Goods, wares, merchandise, or fixtures being loaded or unloaded which
do not extend more than three feet on the sidewalk, provided that
such goods, wares, and merchandise do not remain thereon for a period
of more than six hours.
F.
Excavations and street openings as permitted under this chapter.
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 Board or its authorized representative for the purpose
of moving any building or structure or of encumbering the street,
alley, sidewalk, or way with materials necessary in and about the
construction or demolition of any building or structure or for special
exhibitions, celebrations, festivals or other events.
A.
No street privilege permit shall be issued until the applicant shall
execute and file with the Village Administrator a bond in an amount
determined by the Village Board, or its authorized representative,
conditioned that the applicant will indemnify and save harmless the
Village from all liability for accidents or damage caused by reason
of operations under the 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 caused
by reason of the applicant's operations.
B.
If the street privilege permit is issued for use in connection with
the actual erection, alteration, repair, removal, or moving of buildings
or structures, it is granted upon the following terms and conditions
and is subject to revocation without notice by the Village for violation
of these terms and conditions:
(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)
The process of moving any building or structure shall be as continuous
as practicable until completed and, if ordered by the Village Board
or its authorized representative, shall continue during all hours
of the day and night.
(5)
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.
(6)
Buildings shall be moved only in accordance with the route prescribed
by the Village Board or its authorized representative.
(7)
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.
C.
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 on the permit at the time of issuance.
In addition to any other penalty imposed, if the owner or occupant
of the premises adjoining any unlawfully obstructed street or sidewalk
shall refuse or neglect to remove any obstruction within 48 hours
after notice from the Village Administrator, the Village may remove
such obstruction and charge the costs thereof to the property owner
as a special charge, and if such charge remains unpaid, the Village
Administrator may enter such cost on the next annual tax roll as a
special charge against the property abutting such obstructed street
or sidewalk, to be levied and collected as a tax lien against the
real estate.
