[HISTORY: Adopted by the Common Council of
the City of Lodi as §§ 10.01, 10.02, 10.04, 10.05,
10.06 and 10.08 of the City Code. Amendments noted where applicable.]
A.
Establishment. The grade of all streets, alleys and
sidewalks shall be established by ordinance and the same recorded
by the Clerk in his office. Where no grade has been so established,
the sidewalks shall be laid to the established grade of the street.
B.
Alteration of grade prohibited. No person shall alter
the grade of any street, alley, sidewalk, or public ground or any
part thereof in the City by any means whatsoever unless authorized
or instructed to do so by the Common Council. All such alterations
of grade shall be recorded in the office of the Clerk by the Clerk.[1]
[1]
Editor's Note: Original § 10.01(c),
Penalty, which immediately followed this subsection, was deleted 10-10-2006
by Ord. No. A-361.
A.
Owner to construct. 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 City and to pay
the entire cost thereof. Whenever the Common Council 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 City,
it shall proceed according to § 66.0907, Wis. Stats.
B.
Permit required. No person shall hereafter lay, remove,
replace or repair any public sidewalk within the City unless he is
under contract with the City to do such work or has obtained a permit
therefor from the Director of Public Works[1] at least seven days before work is proposed to be undertaken.
A fee as set by the Common Council by resolution shall be charged
for each such permit.
[1]
Editor's Note: Throughout this chapter, references
to the "Public Works Committee" were amended to "Director of Public
Works" 10-10-2006 by Ord. No. A-361.
C.
Specifications. All sidewalks within the City hereafter
shall be repaired, rebuilt and constructed in accordance with specifications
which shall be established by the Common Council by resolution and
kept on file with the Clerk.
D.
Minor repairs. When the cost of repairs of any sidewalk
in front of any lot or parcel of land shall not exceed the sum of
$100, the Director of Public Works may immediately cause the repair
of such sidewalk, without notice or letting of work by contract, and
charge the cost thereof to the owner of such lot or parcel of land,
as provided in § 66.0907(3), Wis. Stats.
[Amended 10-10-2006 by Ord. No. A-361]
E.
Cost. The Common Council may by resolution apportion
the cost of any sidewalk work between the City and abutting property
owners pursuant to § 66.0907(6), Wis. Stats.
A.
Permit required. No person shall make or cause to
be made any excavation or opening in any street, alley, highway, sidewalk
or other public way within the City without first obtaining a permit
therefor from the Director of Public Works.
B.
Fee. The fee for a street excavation or opening permit
shall be as set by the Common Council by resolution for each location.
C.
Bond.
(1)
Before a permit for excavation or opening any street
or public way may be issued, the applicant must execute and deposit
with the Clerk an indemnity bond approved by the Mayor, in a sum determined
by the Director of Public Works, conditioned that he will indemnify
and save harmless the City and its officers from all liability for
accidents and damage caused by any of the work covered by his permit
and that he 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 may make as near as can be to the
state and condition in which he found it and keep and maintain the
same in such condition he found it, normal wear and tear excepted,
to the satisfaction of the Director of Public Works for a period of
one year and that he will pay all fines imposed upon him for any violation
of any rule, regulation or ordinance governing street openings or
drain laying adopted by the Common Council 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 City.
Such bond shall also guarantee that if the City shall elect to make
the street repair, the person opening the street will pay all costs
of making such repair and of maintaining the same for one year.
(2)
Recovery on such bond for any accident, injury, violation
of law, ordinance, rule or regulation shall not exhaust the bond but
it shall cover any and all accidents, injuries or violations of law
during the period of excavation for which it is given.
(3)
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 Common Council as necessary to adequately protect
the public and the City.
D.
Insurance. Prior to commencement of excavation work,
a permittee must furnish the Director of Public Works satisfactory
written evidence that he has in force and will maintain during the
life of the permit and the period of excavation public liability insurance
of not less than $100,000 for one person and $300,000 for one accident
and property damage insurance of not less than $50,000.
E.
Regulations governing street and sidewalk openings.
(1)
Frozen ground. No opening in the streets or sidewalks
for any purpose shall be permitted when the ground is frozen, except
where necessary as determined by the Director of Public Works.
(2)
Removal of paving. In opening any street or other
public way, all paving or ballasting materials shall be removed with
the least possible loss of or injury to surfacing material and together
with the excavated material from trenches shall be placed so as to
cause the least practicable inconvenience to the public and permit
free flow of water along the gutters.
(3)
Protection of public. Every person shall enclose with
sufficient barriers each opening which he may make in the streets
or public ways of the City. All machinery and equipment shall be locked
or otherwise effectively safeguarded from unauthorized use when not
being used by the permittee, his agents or employees. Lighted barricades
sufficient in number and properly placed to give adequate warning
shall be kept in place. Except by special permission by the Director
of Public Works, no trench shall be excavated more than 100 feet in
advance or pipe laying nor left unfilled more than 100 feet where
pipe has been laid. All necessary precautions shall be taken to guard
the public effectually from accidents or damage to persons or property
through the periods of work. Each person making such opening shall
be held liable for all damages. including costs incurred by the City
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.
[Amended 10-10-2006 by Ord. No. A-361]
(4)
Replacing street surface and appurtenances.
(a)
In opening any street or sidewalk, the paving
material, sand, gravel and earth or other material moved or penetrated
and all surface monuments or hubs must be removed and replaced as
nearly as possible in their original condition or position and the
same relation to the remainder as before. Property markers shall be
carefully preserved and/or accurately replaced. Replacement by a registered
land surveyor shall constitute accurate replacement. Any excavated
material which in the opinion of the Director of Works is not suitable
for refilling shall be replaced with approved sand, gravel, or crushed
stone. All rubbish shall be immediately removed, leaving the street
or sidewalk in perfect repair, the same to be so maintained for a
period of one year. In refilling the opening, the earth must be puddled
or laid in layers not more than six inches in depth and each layer
mechanically compacted to prevent after-settling.
(b)
The surfacing for permanent restoration of pavement
shall be pavement of the same type or better than that removed or
damaged. The top finished grade of permanent pavement replacement
shall conform to the grade of the existing permanent pavement surfaces.
(c)
Permanent surfacing for concrete or rigid pavements
shall be placed to a thickness of six inches greater than the existing
surfacing. Permanent surfacing for bituminous or flexible-type pavements
shall be placed to a thickness of at least equal to the existing surfacing.
(d)
Eight inches of compacted crushed stone shall
be placed as a base under all permanent pavements or greater thickness
to conform to the adjacent existing base. All permanent pavement restoration
of existing bituminous surfaced pavements having a concrete subbase
shall include, in addition to the crushed stone base, a concrete subbase
equal in thickness to that of the existing concrete subbase.
(e)
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.
(f)
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 City Engineer. No patching
of concrete driveway areas will be allowed between joints or dummy
joints.
(g)
Sidewalks shall be replaced the full width of
the walk and minimum length shall be 60 inches. All replaced walk
shall be four inches thick, except at driveways where it shall be
six inches thick. The new walk shall slope to conform to existing
construction across the width of the walk toward the street.
(h)
When the sides of the trench will not stand
perpendicular, sheathing and braces must be used to prevent caving.
No timber, bracing, lagging, sheathing or other lumber shall be left
in any trench.
(i)
The City may elect to have the City or a contractor
working for the City make the pavement repair for any street or sidewalk
opening, in which case the cost of making such repair and of maintaining
such repair for one year shall be charged to the person making the
street opening.
(j)
If the person making or causing the street opening
or excavation to be made shall make the repair and within one year
of said repair the repaired street shall settle or the repair shall
prove defective in any other respect, then the City may have the opening
properly repaired and the cost of the time and materials shall be
charged to the person making or causing such opening or excavation
and shall be paid by such person. This shall not apply to work done
by the City or its utility for sewer main and lateral repair or water
main and lateral repair.
F.
Excavation in new street limited. Whenever the City
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 Common Council, the Director of Public
Works shall notify in writing each person, company, utility, City
department or other agency owing 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, cut or excavate said
street for a period of five years after the date of improvement or
repaving unless in the opinion of the Director of Public Works an
emergency exists which makes it absolutely essential that the permit
be issued.
G.
Emergency excavations authorized. In the event of
an emergency any person owning or controlling any sewer or water main,
conduit or utility in or under any street and his agents or employees
may 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 shall apply for an
excavation permit not later than the end of the next succeeding business
day and shall not make any permanent repairs without first obtaining
an excavation permit hereunder.
H.
City work excluded. The provisions of this section
shall not apply to excavation work under the direction of the Director
of Public Works or the Municipal Light and Water Utility by City employees
or contractors performing work under contract with the City necessitating
openings or excavations in City streets.[1]
[1]
Editor's Note: Original § 10.04(i),
Penalty, which immediately followed this subsection, was deleted 10-10-2006
by Ord. No. A-361.
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 is the owner or of which he is the occupant, except as provided in other sections of this chapter and in Chapter 340, Zoning.
B.
Street privilege permit.
[Amended 10-10-2006 by Ord. No. A-361]
(1)
When required. Permits for the use of the streets, alleys, sidewalks or other public ways or places of the City may be granted to applicants by the Director of Public Works for 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 compiled with the other requirements of this Subsection B and has obtained a building permit if required by § 127-13 of this Code.
(2)
Bond. No street permit shall be issued until the applicant
shall execute and file with the Clerk a bond in an amount determined
by the Director of Public Works conditioned that the applicant will
indemnify and save harmless the City 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 City resulting from such building operations.
(3)
Fee. The fee for a street privilege permit shall be
as set by the Common Council by resolution.
(4)
Conditions of occupancy. The permission to occupy
or obstruct the streets, alleys, sidewalks or public grounds is intended
only for the 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 Director of Public Works for violation thereof:
(a)
Such temporary obstruction shall cover not more
than 1/3 of any street or alley.
(b)
Obstructions shall be sufficiently lighted at
night so as to be in full view of the public from all directions.
(c)
Sidewalks 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.
(d)
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.
(5)
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 direction
of the Director of Public Works.
C.
Removal by City. In addition to any other penalty
imposed, if the owner or occupant of the premises adjoining any unlawfully
obstructed sidewalk or street right-of-way shall refuse or neglect
to remove such obstruction within 24 hours after notice from the Director
of Public Works to do so, the Director of Public Works may cause the
removal of such obstruction and make return of the cost and expense
thereof to the Clerk, who shall enter such cost on the next annual
tax roll as a special charge against the property abutting such obstruction
of sidewalk, and such sum shall be levied and collected the same as
other special taxes against real estate.
[Amended 10-10-2006 by Ord. No. A-361[1]]
[1]
Editor's Note: This ordinance also deleted
original § 10.05(d), Penalty, which immediately followed
this subsection.
[Amended 10-10-2006 by Ord. No. A-361; 1-5-2010 by Ord. No. A-409]
A.
Responsibility of owner and occupant. The owner, occupant or person
in charge of each and every building or structure or unoccupied lot
in the City fronting or abutting any street shall clean or cause to
be cleaned the full width of the sidewalk in front of or adjoining
each such home, building or unoccupied lot, as the case may be, including
that portion of the sidewalk bordering the crosswalk, including the
curb ramp if any, regardless of the source of the snow accumulation
of snow or ice to the width of such sidewalk by 11:00 a.m. of each
day and shall cause the same to be kept clear of snow and ice, provided
that when the ice has formed on any sidewalk so that it cannot be
immediately removed, the persons herein referred to shall keep the
same sprinkled with sand, salt or other suitable substances, in such
a manner as to prevent the ice from becoming dangerous, until such
time that it can be removed, and then it shall be promptly removed.
In case snow shall continue to fall during and after 11:00 a.m., then
it shall be removed within three hours of daylight the day after is
shall cease to fall. Each day any violation of this section continues
shall constitute a separate offense.
B.
Notice, removal and expense. If the owner, occupant or person in charge of each and every building or structure or unoccupied lot in the City fronting or abutting any street fails to keep said sidewalk and ramp clear of ice and snow as set forth in Subsection A, the Director of Public Works may take the following actions:
[Amended 5-18-2010 by Ord. No. A-413]
(1)
Hazardous conditions. If the Director of Public Works determines
that the failure to remove the snow and ice from the sidewalk creates
an immediate danger to the public health and/or safety, the Director
of Public Works may cause the issuance of a written notice to the
owner, occupant, or person in charge of any parcel or lot directing
that the snow and/or ice be removed within two hours from the delivery
of the notice. In the event the property owner, occupant or person
in charge of said parcel or lot is unavailable to receive a written
notice, the Director of Public Works may immediately cause the removal
of the snow and/or ice. The Director of Public Works may send a written
notice to the last known address of the property owner notifying him
that a hazardous condition existed which required immediate abatement.
(2)
Expense. An account of the expenses incurred by the City to abate
the hazardous snow and ice conditions 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 receipt thereof. Within 60 days
after such costs and expenses are incurred and remain unpaid, the
City Clerk may enter those charges onto the tax role as a special
charge for current services pursuant to § 66.0627, Wis.
Stats., or special tax pursuant to § 66.0907(5) and (3)(f),
Wis. Stats.
(3)
Such costs and expenses are in addition to the penalty for failure
to keep sidewalks clear of snow or ice.
C.
Snow and ice not to encroach. No person shall push, plow, blow, scoop,
pile or in any way deposit any snow or ice onto any public street,
alley, sidewalk or public lands dedicated to public use which are
used for vehicular or pedestrian traffic. Parcels or lots located
in areas of the City in which a street terrace does not exist may
push snow from the sidewalk into the street prior to City removal
of snow from street. "Street terrace" is defined as the area between
the sidewalk and curb, or street in the absence of a curb. Snow removal
shall be done in a manner to avoid negatively impacting other properties.
The Public Works Department may remove any snow placed in the street,
or other public lands in violation of this subsection and may include
the expense of doing so on the statement required by § 66.0907(5)
and (3)(f), Wis. Stats., and in the statement to the Clerk and in
the special tax to be levied as therein provided, or by special charge
for current services pursuant to § 66.0627, Wis. Stats.
D.
Enforcement. All sworn police officers or the Director of Public
Works, or his designee, are hereby authorized and directed to enforce
the provisions of this section. In the event of emergency weather
conditions, enforcement may be delayed by the Director of Public Works.
At any place in this chapter where an item of
expense is made chargeable to a particular parcel of land, said charge
shall be levied as a special assessment against the parcel and collected
in the same manner as other special assessments. No assessment shall
be approved without notice to the taxpayer and opportunity to be heard.
[Added 10-10-2006 by Ord. No. A-361]
[Added 1-15-2008 by Ord. No. A-387;
amended 3-5-2019 by Ord. No. A-530]
A.
Purpose. The streets of the City are primarily for the
use of the public in the ordinary way. However, under appropriate
circumstances, the Common Council may grant a permit for either public
or private street use, subject to reasonable municipal regulation
and control. Therefore, this section is enacted to regulate and control
the use of City street to the end that the health, safety and general
welfare of the public and the good order of the City can be protected
and maintained.
B.
Applications.
(1)
Special event permit (open to the public). A written application
for a special event permit by persons or groups shall be made on an
application provided by the City Clerk and shall be filed with the
City Clerk at least 45 days prior to a scheduled event.
(2)
Block party permit (private use). A written application
for a block party shall be made with the City Clerk within 45 days
of the event.
C.
Review by Chief of Police and Director of Operations. A
minimum of 45 days prior to a scheduled event, upon receipt of an
application, a meeting involving the Chief of Police, the Director
of Operations, and the City Clerk shall occur in order to review the
permit application for a recommendation to Council. The Director of
Operations and Chief of Police may suggest conditions to the Common
Council for issuance of a permit. The person or representative of
the application shall be present when the Common Council considers
the application, in order to offer any necessary information in making
a determination.
D.
Mandatory denial of permit.
(1)
An application for a permit shall be denied if:
(a)
The proposed event would violate any federal or state
law or any ordinance of the City.
(b)
The proposed event will substantially hinder the
movement of police, fire or emergency vehicles, constituting an unnecessary
risk to persons or property.
(c)
The application does not contain the information
required.
(2)
The Common Council may deny a permit for any other reason
or reasons if it concludes that the health, safety and general welfare
of the public cannot adequately be protected and maintained if the
permit is granted.
E.
Permit fee. Each application for a permit shall be accompanied
by a fee as set forth by resolution on the City Fee Schedule.
F.
Insurance or bond. The applicant for an event may be required
to indemnify, defend and hold the City and its employees and agents
harmless against all claims, liability, loss, damage or expense incurred
by the City on account of any injury to or death of any person or
any damage to property caused by or resulting from the activities
for which the permit is granted. As evidence of the applicant's
ability to perform the conditions of the permit, the applicant may
be required to furnish a certificate of comprehensive general liability
insurance with the City of Lodi. The applicants may be required to
furnish a performance bond prior to being granted the permit. The
amount of the insurance coverage or bond shall be set by the City
Council at the time of issuance of the permit.
G.
Termination of a permit. A permit in progress may be terminated
by the Police Department if the health, safety and welfare of the
public appear to be endangered by activities generated as a result
of the event or the event is in violation of any of the conditions
of the permits or ordinances of the City of Lodi. The Police Department
has the authority to revoke a permit, or terminate an event in progress,
if the event organizers fail to comply with any of the regulations
in the policy or conditions stated in the permit.
H.
Notification. The City Clerk shall send a copy of the issued
permit to the Lodi area EMS and Lodi area Fire Department in advance
of the effective date of the event.
