Article II General Regulations

Construction and repair regulated. No person, whether owner, builder or contractor, shall build any new sidewalk and/or curb and gutter or repair or reconstruct, or cause to be built, repaired or renewed, any existing sidewalk and/or curb and gutter contrary to the provisions of this article.

Standards. The City Council may determine that sidewalks and/or curb and gutter be constructed and establish the width, determine the material and prescribe the method of construction of standard sidewalks and/or curb and gutter pursuant to this section. The City Council shall bid and award contracts for all sidewalk and/or curb and gutter construction and reconstruction projects.

Cost of sidewalks and curb and gutter.

New sidewalks and curb and gutter. Sidewalks required in new subdivisions and developments shall be paid for by the land divider pursuant to Chapter 443, Subdivision of Land, of this Code of Ordinances. New sidewalks, curbs and gutters constructed in existing areas of the City shall be paid for by adjacent property owners.

Definitions. The following definitions shall be applicable in this section:

When 1/4 or less of the sidewalk or curb and gutter frontage along a parcel is determined by City officials to be in a state of disrepair requiring replacement, such work is classified as a "repair."

When 1/4 or more of the sidewalk or curb and gutter frontage along a parcel is determined by City officials to be in a state of disrepair requiring replacement, such work is classified as "reconstruction."

Corner lots. For purposes of assigning a landowner's respective share of costs under this section, an owner with a corner lot shall only be assessed or billed sidewalk and/or curb and gutter repair or reconstruction costs for the shortest frontage of his/her corner lot.

Repair and reconstruction decisions.

The Director of Public Works or designee shall inspect the sidewalks and/or curb and gutter within the City of Amery and recommend repairs and/or reconstruction to the Public Works Committee and City Council by the 15th day of May of each year. Sidewalks shall be located in such places as designated by the City Council upon the recommendation of the Public Works Committee. No person shall remove any sidewalk without the permission of the Director of Public Works.

When a decision is made to lay, remove, reconstruct or repair a sidewalk and/or curb and gutter, a copy of such Council action shall be served upon the owner or his/her agent of each parcel of land in front of which work is ordered pursuant to § 66.0907(3)(c), Wis. Stats., if the cost exceeds $200.

Repairs; payment.

Payment for repairing a sidewalk and/or curb and gutter shall be made by the abutting landowner.

[1]

If the cost exceeds $200, the property owner shall have until December 31 of the following year to pay his/her share of the cost.

[2]

If the cost of such repair is $100 or less, the property owner's share must be paid in full within the same calendar year that the work is completed.

The City of Amery shall keep an accurate account of the expenses of laying, removing, reconstructing or repairing sidewalks and/or curb and gutter in front of each parcel and shall mail a bill to such property owner upon completion of the work.

(c)

Any repair cost not timely paid by the property owner as set forth in Subsection B(5)(a) above shall be entered on the tax roll as a special charge against such real estate pursuant to § 66.0907(3)(f), Wis. Stats.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Reconstruction; payment. Special assessments shall be levied against affected properties for sidewalk and/or curb and gutter reconstruction projects. Such special assessments shall be payable in annual installments over a five-year period along with interest as established by the Village Board.

Assessment a lien. Said special assessment shall remain a lien on the premises until paid in full and shall be entered on the tax roll as a special tax as above provided, and failure to pay when due shall result in the whole balance being immediately due and payable and collectible as a delinquent tax against the above-described property, and all proceedings in relation to the collection, return and sale of the property for delinquent real estate taxes shall apply to such special assessment.

Sidewalk permit required. No person shall hereafter lay, remove, reconstruct or repair any public sidewalk within the City of Amery unless he/she is under contract with the City to do such work or has obtained a permit therefor from the Director of Public Works or his/her designee at least three business days before work is proposed to be undertaken. A fee shall be charged for such permits. Denial of such permits may be appealed to the City Council.

Standard specifications for sidewalk.

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 City. All sidewalks constructed in the City shall conform to the line and grade established by the ordinances or resolutions of the City. Where no grade has been established as ascertained by the records, the City Engineer shall prepare and report a grade for the approval of the City Council, and when the same has been established, the City Engineer shall stake out the sidewalk as ordered by the City Council or Public Works Committee. No sidewalk shall be laid under the provisions of this section until a grade therefor has been established by the City Council.

Subgrade. All earth, dirt and material shall be removed to a depth, not less than eight inches, 10 inches across private driveways, below the grade line, and the space shall be filled with crushed stone, sand or gravel. The base shall be left four inches thick after being tamped, with the stone or gravel to be not larger than 1 1/2 inches in diameter and to be free from dirt, dust and foreign matter. Soft, porous and unsuitable subgrade material shall be removed and replaced with sand, gravel, or other satisfactory material, and the subgrade shall be thoroughly and uniformly compacted and moistened immediately before the concrete is placed. On embankments, the subgrade shall extend at least one foot beyond each edge of the sidewalk.

Concrete. The minimum quantity of cement per cubic yard shall be six sacks of 94 pounds each. Concrete shall be mixed for at least one minute. Gravel shall be of good quality and washed. Concrete shall test 3,000 pounds compression in 28 days.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Forming. Concrete shall be placed in straight forms of wood or metal of sufficient strength to resist springing, tipping or other displacement during the process of depositing and consolidating the concrete. Concrete shall be placed in the forms on a moist subgrade, deposited just above the finished grade and consolidated and spaded sufficiently to bring the mortar to the surface and to prevent honeycombing. It shall then be struck off level with the top of the forms and finished with wooden flats. Forms shall be securely fastened, staked, braced and held firmly to required line and shall be sufficiently tight to prevent leakage of mortar, and all forms shall remain in place for 24 hours after pour.

Jointing, floating and finishing. Soon after screening and while the concrete is still plastic, the surface shall be floated with wood, cork or metal floats or by a finishing machine. At all places where the sidewalk intersects another sidewalk or curbline, a one-half-inch expansion joint shall be placed. Transverse expansion joints of one-half-inch thick and four inches wide and five feet long or premolded material shall be located every 30 feet. Sidewalks must be marked off to make blocks five foot square and be at right angles to the parallel lines. Any new sidewalk adjoining an old sidewalk or a sidewalk which abuts curb and gutter shall have one-half-inch by four-inch expansion joints of premolded material.

Slope. All forms must be approved by the Director of Public Works or his/her designee 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. Sidewalks shall be constructed within the limits of the street, and unless otherwise specifically indicated, there shall be a one-foot strip of street property left between the property line and the edge of the sidewalk.

Width and thickness. Residential walks shall be a minimum of five feet in width and not less than four inches thick, or shall match existing sidewalk width in that block. However, in driveway approaches, the minimum sidewalk thickness shall be six inches. Such sidewalks shall have a grade one inch higher than the adjacent curb on the curb side of the sidewalk. All such sidewalks shall be constructed eight inches from the adjacent lot line. In the case of a laydown type curb, the pitch shall be 1/2 inch per foot from the curb in the parkway to the sidewalk with a three-inch minimum. Sidewalks in front of commercial or industrial establishments shall have a width as determined by the City Council and be five inches thick, 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 in transverse direction. Edges and joints shall be given a finish with a one-fourth-inch-radius edging tool. Dry cement shall not be spread on a wet surface to take up excess water. Finishing operations shall be delayed until water has disappeared. 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.

(9)

Curing and drying. As soon as any of the concrete work hereinbefore mentioned has been finished and hardened sufficiently to prevent excessive marring of the surface, it shall be cured and protected against rapid drying. Failure to comply with this requirement shall be deemed sufficient cause for suspension of the work. Curing shall be accomplished by the "impervious coating," "wet fabric" or "paper" methods. For impervious coating or membrane curing, only those materials meeting requirements of ASTM Spec. C156-44T, "Method of Test for Efficiency of Materials for Curing Concrete" shall be used. Said specifications are hereby adopted by reference as if fully set forth herein.

(10)

Cold-weather requirements. When the temperature is less than 40° F., all concrete placed in the forms shall have a temperature between 50° F. and 70° F. and shall meet the requirements as per Wisconsin Department of Transportation specifications for cold-weather concrete.

(11)

Minor repairs. Nothing in this section shall apply to minor repairs, the cost of which does not exceed $200; such repairs may be made at the direction of the Director of Public Works without notice, and the cost thereof may be charged to the abutting property owner in the same manner as provided in this section for major repairs.

Repair or replacement of defective or damaged sidewalks. The City Council or Public Works Committee may order at any time repair or removal and replacement of any sidewalk which is unsafe or which is damaged by the acts of the property owner or his/her agents. The City Council or its designee shall repair or construct such sidewalk, and the City Administrator/Clerk-Treasurer shall enter the total cost thereof upon the tax roll as a special charge against said lot or parcel of land pursuant to § 370-5B above. If an emergency situation exists which is caused by a sidewalk in need of repair, the City Council or its designee shall immediately direct the property owner to immediately make repairs. The City Council shall determine that any sidewalk which is unsafe, defective, or insufficient be repaired or replaced with a sidewalk in accordance with this section. The existence of any one or more of the following characteristics shall determine whether a sidewalk is defective, in need of immediate maintenance, or insufficient:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

One inch or more vertical differential at any point, between adjacent individual sidewalk sections.

One-and-one-fourth-inch horizontal distance between adjacent individual sidewalk sections.

Deterioration to the surface on any one single section of sidewalk to a vertical depth of one inch or more.

§ 370-7 Excavations of streets, alleys, public ways and grounds.

Contains grass or other vegetation in cracks which is one inch or more in height.

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.

§ 370-6 Curb and gutter construction.

All cement curb and gutter hereafter rebuilt or constructed in the City of Amery shall be constructed according to the following specifications:

Establishment. No curb and gutter shall be worked until the grade thereof has been established according to the records on file in the office of the City Administrator/Clerk-Treasurer. No person shall alter the grade of any curb and gutter within the City of Amery by any means whatsoever, unless authorized or instructed to do so by the City Council or the Director of Public Works.

Cost. The cost of curb and gutter construction, reconstruction or repair shall be as billed or assessed to the abutting property owner, pursuant to § 370-5B.

Permit required. No person shall hereafter lay, remove, replace, or repair any curb and gutter within the City of Amery unless he/she is under contract with the City to do such work or has obtained a permit therefor from the Director of Public Works at least three days prior to the proposed construction. No fee shall be charged for such permit.

Specifications. All curb and gutter within the City of Amery hereafter shall be repaired, rebuilt and constructed in accordance with § 370-5D. Curb ramping shall conform to the standards in § 66.0909, Wis. Stats.

Permit required.

Permit to be obtained. 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 ditch, public ground, public sidewalk or City-owned easement within the City of Amery without a permit therefor from the City Administrator/Clerk-Treasurer or Director of Public Works.

Fee. The fee for each application for a street opening permit shall be as prescribed in the Schedule of Fees, plus any actual City expenses. Applications may be made for multiple street openings on one application form; however, each opening must be listed at the time the application is submitted to the Director of Public Works for approval. Permit fees shall be paid to the Administrator/Clerk-Treasurer 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, the application and review fee shall be as prescribed in the Schedule of Fees, plus any actual City expenses.

Execution of permit.

Permits will show the exact location of the work as to street or house number and the direction and length the trench will run.

Permits will be issued only for the date and time specified; should digging take place other than the time indicated, the permit must be reissued so all utilities will know of the new time.

Permits for extensive digging. When any utility will be doing any extensive digging, a blanket permit may be issued; however, the party doing the work must notify all other utilities concerned as to the location and time that work will take place so that the others may locate their property.

Fee; emergency excavation. In the event of an emergency excavation for the protection of property, life, health, or safety, there shall be no permit fee (except any actual City expenses shall be charged to the permittee), provided the application for the street opening permit is filed with the Director of Public Works within two regular business days of the excavation in accordance with § 370-7A. If the permit application for the emergency excavation is not filed within two regular business days, the application and review fee shall be as prescribed in the Schedule of Fees, plus any actual City expenses.

Surcharge. In addition to any permit fees or City 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 City-owned easement within the City of Amery. 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 City Administrator/Clerk-Treasurer 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 the applicant proposes to use in doing the work. The City Administrator/Clerk-Treasurer or Director of Public Works shall determine if sufficient information is submitted.

City work excluded. The provisions of this section shall not apply to excavation work under the direction of City departments or employees or to contractors performing work under contract with the City necessitating openings or excavations in City streets.

Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 370-8H 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 City Administrator/Clerk-Treasurer or Director of Public Works. Permit renewals shall be issued at the discretion of the City Administrator/Clerk-Treasurer or Director of Public Works.

City standards.

All street work shall be performed in accordance with the current standard specifications for street openings found in this section and § 370-8. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to the condition prior to damage to standards prescribed in § 370-5.

No placement of utility lines is permitted within 10 feet of hydrants or valves.

The City reserves the right, at any time during street excavation or construction, to require that utilities be moved or replaced at the owner's expense.

All utility lines shall be a minimum of 36 inches in depth in City rights-of-way.

Insurance required. A permit shall be issued only upon condition that the applicant submit to the City Administrator/Clerk-Treasurer or Director of Public Works satisfactory written evidence that 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.

Bond.

Before a permit for excavating or opening any public street, sidewalk, ditch, alley or public right-of-way may be issued, the applicant may be required to execute and deposit with the City a bond in the amount of $10,000, conditioned that he/she will indemnify and save harmless the City of Amery and its officers from all liability for accidents and damage caused by any of the work covered by his/her 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 Director of Public Works for a period of one year, and that he/she will pay all fines of forfeitures imposed upon him/her for any violation of any rule, regulation or ordinance governing street openings or drain laying adopted by the City 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. Recovery on such bond for any accident, injury, or violation of law, ordinance, rule or regulation shall not exhaust the bond, but it shall cover any and all accidents, injuries or violation of law during the period of excavation for which it is given.

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 Director of Public Works as necessary to adequately protect the public and the City.

Faulty work or materials shall be immediately replaced by the permittee upon notice by the City. Failure to correct deficiencies shall result in a one-year revocation of the right to obtain a street opening permit. The Director of Public Works 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 City in an amount determined by the Director of Public Works.

§ 370-8 Regulations governing excavations and openings.

Whenever the City Council 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 City Council 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 City for the cost of doing the work as set forth in the notice.

Special tax. In the alternative to the procedures under Subsection H above, if any person shall open a street for the purpose of servicing a specific lot without first having obtained a permit, the City Council of said City shall cause the same to be done at the expense of the lot owner, and the expense thereof shall be certified to the City Administrator/Clerk-Treasurer by the Council, and if said expense is not paid, it shall be carried into the tax roll as a special tax against the lot for which said opening was made.

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 § 370-8, any and all subsections thereunder, except that a public utility as defined within this section shall not be required to post the indemnity bond.

Frozen ground. Openings in the streets, alleys, sidewalks or public ways are discouraged between November 15 and May 1 except where it is determined by the Director of Public Works or his/her designee to be an emergency excavation.

Election of City to perform work.

The estimated cost to the City of replacing the street surfaces shall be determined under the schedule established from time to time by resolution of the City Council.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Where the Director of Public Works or his/her designee has reason to believe that the applicant has made adequate provisions for repair and restoration of said street, alley or highway, the Director of Public Works may elect to have the applicant do said work and the City of Amery to further be reimbursed for reasonable costs of supervision, said costs to be determined by the Director of Public Works.

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 City 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.

[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 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/her 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/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.

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 § 370-8I.

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.

Trenches adjacent to the roadway left open during nonworking hours shall be protected with snow fence along the entire trench edge and shall be marked with flashing barricades at each end.

No equipment or construction materials may be stored during nonworking hours within City roadway rights-of-way.

No steel-track construction equipment may be driven on or over paved City roadways.

(9)

Prior to beginning any work on City roadways, the City Administrator/Clerk-Treasurer's office and Director of Public Works shall be given the names and telephone numbers of at least two contractor employees who may be contacted during nonworking hours.

(10)

Construction materials spilled or tracked on pavement shall be immediately swept off by power broom equipment.

(11)

No excavated materials may be stored temporarily or permanently within City roadway right-of-way.

(12)

The City may elect to have the City or an outside contractor 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.

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/her 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 or his/her designee 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 or his/her designee 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.

Precautions shall be taken to prevent damage to road pavements. Sheathing and bracing or the use of a portable trench box should be used to prevent undermining of material below the existing pavement. If damage is done to the pavement, it shall be restored.

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. As little as possible of the trench must be dug until the slant or junction piece of the sewer, water, gas main, electric cables, telephone lines or fuel line is found.

All conduits, sewers, pipes, wires or other means of transmission of utility services within the City, if to be placed underground, shall, in addition to all of the requirements of this section, be dug in at least 36 inches below the normal ground level whenever said utility service will cross under a highway, City street, sidewalk, alley or other public right-of-way within the City of Amery.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

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 or his/her designee, is unsuitable. All noncompactible material will be placed, upon excavation, in an area where removal from site will be made readily possible.

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 or his/her designee, 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. Compaction or consolidation by flooding shall not be permitted. Earth must be puddled or laid in layers not more than 12 inches in depth and each layer rammed and tamped to prevent settling. The Public Works Department will test the fill to meet the City's specifications. Contractors will be instructed by the City's inspector, if it meets the specifications, to proceed to fill the opening.

All excavations shall be subject to testing by the City. 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.

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. When caving occurs, all the street support thus disturbed must be restored in the same careful manner as though it was an excavation or a trench.

Notice. It shall be the duty of the permittee to notify the 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 Director of Public Works shall also be notified at least four hours prior to backfilling and/or restoring the surface.

Pavement replacement and sidewalk, curb and gutter and driveway restoration.

Backfill material shall be left below the original surface to allow for five 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 three inches, whichever is greater. Bituminous pavement shall be placed in a maximum of one-and-one-half-inch layers 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 straightedge.

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 the Director of Public Works or his/her designee.

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 with 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 City Engineer. No patching of concrete driveway areas will be allowed between joints or dummy joints.

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.

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 3 1/2 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.

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 City officials immediately.

§ 370-9 Obstructions and encroachments.

In case of emergencies such as ruptured mains, cables or anything where digging must take place immediately, all utilities may be notified by telephone and informed as to the location of the work as an alternative to the procedure in § 370-7A.

Excavation in new streets 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, the City 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 City Council, or committee thereof, 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 City. The City 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 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.

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 street privilege permit under § 370-10 pursuant to § 66.0425, Wis. Stats.

Building materials for the period authorized by the City Council, Building Inspector, or authorized designee, 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 §§ 370-7 and 370-8 of this article.

Awnings which do not extend below any point eight feet above the sidewalk, street or alley.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Public utility encroachments duly authorized by state law or the City Council.

Temporary obstructions authorized by permit pursuant to Subsection C.

Goods, wares, merchandise, or fixtures being loaded or unloaded which do not extend more than three feet on the sidewalk, provided such goods, wares, etc., do not remain thereon for a period of more than two hours.

Signs or clocks attached to buildings which project not further than permitted by Chapter 450, Zoning, from the face of such building and which do not extend below any point 10 feet above the sidewalk, street or alley.

(9)

Storage of commercial items pursuant to Subsection C.

(10)

Annual "Crazy Daze" sales event.

Storage or display of commercial items on sidewalks and rights-of-way.

No person shall, without a permit, place, store or display or cause to be placed, stored or displayed on any sidewalk, as defined in Ch. 340, Wis. Stats., any objects for sale or rent nor any advertisement for such objects or for services nor any substance or material of any nature used or to be used by or on behalf of an adjacent retail establishment, which shall include such items as signs, cafe tables and chairs, except as set forth below or under § 370-24, as applicable. The property must be located in the Central Business Zone.

The City Administrator/Clerk-Treasurer shall issue a permit to place items on a designated sidewalk pursuant to this section upon the following terms and conditions:

Proof by the applicant of liability insurance in force for the permit period covering the premises applied for with minimum limits of $500,000 for property damage and $500,000 for personal injury.

Payment by the applicant of a fee as prescribed in the Schedule of Fees.

(c)

The permit shall be issued to the applicant for the specified premises and shall not be transferable either as to permittee or premises.

(d)

The permit period shall be for one year from July 1 to June 30.

Any goods, wares or merchandise may be stored, without a permit being required, for not more than two hours on not more than 1/2 the width of a sidewalk while said objects are in the process of delivery.

Any items referred to Subsection C(1) may be placed, stored or displayed for not more than 12 hours per day while the adjacent retail establishment is open for business, provided at least 2/3 of the width of the sidewalk remains unobstructed. A permit for such display shall be required.

Portable signs, as defined in Chapter 450, Zoning, shall be permitted on sidewalks, provided they comply with the requirements of this section and Chapter 450, Zoning. Portable signs not adjacent to the retail establishment to which the sign is related shall be permitted, provided the owner or operator of the adjacent retail establishment shall jointly apply for the permit therefor.

Neither governmental agencies nor vendors of newspapers shall be required to comply with the permit requirements or the time limitations set forth in this section, but such vendors shall be required to comply with the setback requirements of Subsection C(4).

Permit for dumpster placed in City street or right-of-way.

[Added 2-4-2009 by Ord. No. 1-2009]

Any property owner temporarily placing a dumpster in a City street or right-of-way shall be required to pay a permit fee as specified in the Schedule of Fees.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

The permit period shall be for a maximum of two weeks from date of issuance. A renewal for another two-week permit shall be issued with payment of fee. Additional permits may be issued at the discretion of the City Administrator/Clerk-Treasurer.

Dumpsters placed must have reflective devices to prevent injury to other users of the City street or right-of-way.

Penalties for noncompliance: see § 1-5 of this Code.

Removal by City for sidewalk obstructions and encroachments. In addition to any other penalty imposed, if any City 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 City for obstruction and encroachments located in the City streets, alleys, public grounds or lands dedicated for public use. In addition to any other penalty imposed, if the Chief of Police, Director of Public Works or Building Inspector determines that a City 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 adjoin 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 E or F, respectively, the Council 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 City Administrator/Clerk-Treasurer shall enter those charges onto the tax roll as a special tax as provided by the state statutes.

The failure of the City 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 City expense on the tax rolls for unpaid bills for abating the obstruction as provided for in this section.

§ 370-10 Street privilege permit.

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 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 Director of Public Works may request advisory recommendations from the Chief of Police and Building Inspector prior to issuance of the permit. City officials may attach conditions to the permit, including proof of liability insurance. Storage or display of commercial items on sidewalks and rights-of-way shall be governed by § 370-9C.

[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 City Administrator/Clerk-Treasurer a bond not exceeding $10,000, 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. At such time, evidence of liability insurance as prescribed in § 370-7G shall also be filed.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Fee. There shall be no fee for a street privilege permit, except that there shall be a fee as prescribed in the Schedule of Fees if the City must close a street.

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 Building Inspector, Chief of Police or Director of Public Works for violation thereof:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

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.[1]

[1]

Editor's Note: Original Sec. 6-2-7(d)(4) of the 2004 Code of Ordinances, regarding prohibiting buildings being moved from obstructing streets or fire hydrant access, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 370-11 Snow and ice removal; depositing and plowing snow upon public ways.

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.

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 City Council.

Removal by City. In addition to any other penalty imposed, if the owner or occupant of the premises adjoining any lawfully obstructed sidewalk shall fail or neglect to remove such obstruction within 24 hours after such notice from the City Council to do so, it shall be the duty of the City to remove such obstruction and make return of the costs and expenses thereof to the City 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.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

[Amended 2-3-2021 by Ord. No. 1-2021; 4-2-2025 by Ord. No. 07-2025; 12-17-2025 by Ord. No. 22-2025]

Snow and ice removal from sidewalks.

Definitions. "Sidewalk" shall mean the portion of the street right-of-way designed for pedestrian travel.

Owner's responsibility. The owner, occupant or person in charge of any parcel of land or lot within the C-2 Central Business District which fronts upon or adjoins any sidewalk shall have until 10:00 a.m. and the owner, occupant or person in charge of any parcel of land or lot within any other district which fronts upon or adjoins an sidewalk shall have 24 hours following the snowfall to remove all snow and ice from the sidewalk in front of the premises owned or occupied by him/her to a minimum of four feet in width, provided that when ice is so formed on any sidewalk so that it cannot be removed, then the person owning or occupying such premises shall keep the same sprinkled with sand, grit or deicer.

Removal by the City and failure to clean. In the event the owner has not complied with Subsection A(2) above, such work may be performed by the City, and the cost thereof charged to the property owner at a rate as prescribed in the Schedule of Fees per hour or any part of an hour. The time charge for such snow and ice removal, or sprinkling with sand, grit or deicer, shall include time involved in loading and unloading equipment and transportation to and from the site. In the event the property owner fails to pay the City of Amery for such work within 60 days after such expenses are incurred and remain unpaid, such costs shall be entered on the tax roll as a special charge against such real estate.

Depositing and plowing snow.

Improper deposit on sidewalks. No person, firm or corporation shall deposit or cause to be deposited in or upon any public sidewalk in the City of Amery significant amounts of snow or ice taken or removed from property privately owned or occupied, or cause said actions to occur, except that for parcels or lots located in the C-2 Central Business District where existing buildings are constructed within five feet of the street right-of-way and the sidewalks exist from the City right-of-way to the curbline, the owners, occupants, and/or employees of parcels or lots located in the C-2 Central Business District shall be permitted to deposit snow and ice from their sidewalks onto the public streets.

Improper deposit across streets. No person, firm or corporation shall plow, shovel, push, or blow across any public street or roadway snow or ice taken or removed from property privately owned or occupied, or cause said actions to occur.

Improper deposit on streets. No person, firm or corporation shall deposit, or cause to be deposited, in or upon the traveled portion of any public alley, street or roadway in the City of Amery, snow or ice taken or removed from property privately owned or occupied.

Deposit of snow near corners. No person, firm or corporation shall deposit, or cause to be deposited, in or upon any portion of any sidewalk or boulevard in the City of Amery that lies within 25 feet of the corner of any street or avenue snow or ice taken or removed from property privately owned or occupied.

Prima facie violations. The existence of any deposit of snow or ice deposited by artificial means in the traveled portion of any public street, alley, roadway or sidewalk shall be prima facie evidence that the owner or occupant of the abutting property closest thereto placed or deposited said ice or snow therein, or plowed, shoveled, pushed, or blew said snow or ice across said public street or roadway.

Penalties. In addition to any penalty imposed under § 1-5, a person, firm or corporation convicted of a violation of this section shall reimburse the City of Amery for any and all costs and expenses associated with removal of snow by City employees which is necessitated by the said violation of this section.

§ 370-12 Terrace areas.

Definition. The definition of "terrace" shall be as provided in § 390-2.

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 City Council 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 City 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.

§ 370-13 Vaults.

All vaults and cisterns under sidewalks shall be prohibited.

§ 370-14 Requests for improvements.

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

§ 370-15 Unlawful dumping.

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. Such unlawful material or obstruction may be removed by the City and the cost thereof billed to the violator pursuant to § 66.0627, Wis. Stats.

§ 370-16 Street numbers.

Established. There is established a uniform system of numbering houses and buildings fronting on all streets, avenues and highways in the City of Amery, and all houses and buildings shall be numbered in accordance therewith.

Houses to bear numbers.

There shall be assigned to each house and building located on any street, avenue, alley or highway in the City its respective number under the uniform system provided for in this section.

It shall be the duty of the Building Inspector and other appropriate officials 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 City Administrator/Clerk-Treasurer shall determine the number of such lot or building.

The owner of any principal building hereafter erected shall at the time of obtaining a building permit be assigned an address number, which number shall be posted within 20 days from date of assignment or from date of original occupancy, whichever shall be last.

Within 30 days after final approval of the plat of any subdivision or other division of land, the City Administrator/Clerk-Treasurer shall assign address number to each new building site.

The cost of the number or numbers shall be borne by the property owners. The numbers shall be procured from the City at the unit price for the same, such price to be the cost of such units to the City. Replacement numbers shall be procured and paid for by the owner.

§ 370-18 Use and/or lease of City equipment and services.

The numbers shall be conspicuously placed immediately above, on or at the side of the proper door of each building so that they can be plainly seen from the street. Whenever any building is more than 50 feet from the street line, the number of the building shall be conspicuously displayed at the street line, near the walk, driveway or common entrance to such building and upon a gate post, fence, tree, post or other appropriate place so as to be easily discernible from the sidewalk. Numbers shall be placed not less than two feet nor more than 10 feet above the surface of the ground immediately below the location of the number, and shall not be obscured by trees, landscaping or shrubbery. The owner or occupant shall at all times keep such numbers so attached or applied. The numbers shall be not less than three inches in height, with dark lettering against a light background. Script numbers may not be used as the primary address numbers. The use of script numbers shall be in addition to the use of the required numerals.

Records. To facilitate correct numbering, a plat book of all the streets, avenues and public highways within the City showing the numbers of all lots or houses fronting thereon shall be kept on file in the office of the City Administrator/Clerk-Treasurer. These plats and/or maps shall be open to public inspection during the office hours of the City Administrator/Clerk-Treasurer.

City Administrator/Clerk-Treasurer to assign numbers. The City Administrator/Clerk-Treasurer shall inform any party applying therefor of the number or numbers belonging to or embraced within the limits of any lot or property as provided in this section. In case of doubt as to the proper number to be assigned to any premises, the City Administrator/Clerk-Treasurer shall determine the number of such premises.

Number assignment as condition for building permit. Whenever any house, building or structure is erected or located in the City 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, the owner shall procure the correct number or numbers from the City Administrator/Clerk-Treasurer for the property and shall immediately fasten such number or numbers so assigned upon such building as provided in this section. No building permit shall be issued for any house, building or structure until the owner has procured from the City Administrator/Clerk-Treasurer the official number of the premises.

Distinctive numbers for portions of buildings. Where only one number can be assigned to any house or building, the owner, occupant or agent of such house or building, who 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, shall use the suffix "A," "B," "C," etc., as may be required.

§ 370-17 Obstruction of waterways.

[Amended 10-5-2022 by Ord. No. 08-2022]

No person shall in any manner obstruct or cause to be obstructed the free passage of water in any 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 gutter, ditch, culvert, swale or drain.

Equipment. The City of Amery shall not permit any person to use and/or lease any City equipment for private purposes.

Services. The City of Amery shall not generally provide specialized services such as heavy equipment services, snowplowing, etc., for private parties, whether for a fee or no fee. However, due to the unavailability of private-sector service providers and in order to protect public safety, the City of Amery may provide sanding/salting services to private businesses on a fee basis.

§ 370-19 Bidding of public construction projects.

Nonbid construction. The following classes of public work, or any part thereof, may be done directly by the City without submitting the same for bids:

Construction and repair of streets.

Laying of sewer mains and laterals.

Laying of water mains and laterals.

Repair of sewer and water mains.

All public construction of which the estimated cost is less than $5,000.

Contracts, how let. All public construction, the estimated cost of which exceeds $25,000, shall be let by contract to the lowest responsible bidder; all other public construction shall be let as the Council may direct. If the estimated cost of any public construction exceeds $5,000 but is not greater than $25,000, the Director of Public Works shall give a Class 1 notice, under Ch. 985, Wis. Stats., of the proposed construction before the contract for the construction is executed. This provision does not apply to public construction if the materials for such a project are donated or if the labor for such a project is provided by volunteers. The Council may also by a vote of 3/4 of all the members-elect provide by ordinance that any class of public construction or any part thereof may be done directly by the City without submitting the same for bids.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 370-20 Dirt and debris on streets.

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 City of Amery.

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 City of Amery shall immediately remove said materials at no cost to the City.

Deposit by 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 City of Amery shall immediately stop and remove said materials at no cost to the City.

§ 370-21 Damages to streets and public property.

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 City of Amery, 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 City.

In the event the materials are not removed from the street in accordance with Subsections B and/or C above, the City 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.

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 § 1-5. Each day that said materials are not removed shall constitute a separate offense under this section.

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 City of Amery.

The person who causes damage, injury, or destruction of any portion of any street, sidewalk, alley, drainageway, or public ground in the City of Amery shall immediately stop and notify the Police Department that he/she has caused such damages and shall correct said damages within 10 days at no cost to the City.

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 City of Amery fails to report and correct such damage, it shall be considered a violation of this section.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

§ 370-22 Adoption of state statutes concerning roads.

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 damage of any portion or fixture of any street, sidewalk, alley, drainageway, or public ground in the City of Amery, and which said operator fails to correct said damages as required in Subsection C(1) above, the owner, occupant, or person in charge of said work on said private premises shall correct said damages at no cost to the City.

In the event the damages are not corrected within 10 days, the City shall cause the correction of said damages and shall charge the operator or owner, occupant, or person in charge of said property the cost of correcting the damage. In the event the said costs remain unpaid following 30 days, they shall be entered on the tax roll as a special tax against said property.

In addition to the costs to correct damages, said operator or said owner, occupant, or person in charge of said property shall be subject to a penalty per occurrence as prescribed in § 1-5. Each day after said 10 days that the damages are not corrected shall constitute a separate offense under this section.

The statutory provisions in the following enumerated sections of the Wisconsin Statutes, exclusive of any provisions therein relating to the penalties to be imposed or the punishment for violation of said statutes, are hereby adopted and, by reference, made a part of this section. Any act required to be performed or prohibited by any regulation incorporated herein by reference is required or prohibited by this section. Any future amendments, revisions or modifications of the statutory regulations incorporated herein are intended to be made part of this section.

Section 66.1035, Right of abutting owners.

Section 82.19, Discontinuance of highways.

Section 86.03, Trees on and adjacent to highway.

Section 86.04, Highway encroachments.

Section 86.05, Entrances to highways restored.

Section 86.06, Highways closed to travel.

Section 86.07, Digging in highways or using bridges for advertising.

Section 86.105, Snow removal in private driveways.

Section 86.19, Highway signs, regulation, prohibition.

Section 893.83, Damages caused by accumulation of snow or ice; liability of city, village, town, and county.

§ 370-23 Grass clippings.

All grass clippings from lawn mowing or other sources shall not be allowed to blow upon or accumulate in significant quantities upon any public street in the City of Amery where such grass clippings could wash into any storm sewer drainage inlet.

§ 370-24 Special event vending permit.

Street sales prohibited except by permit. No person shall display, sell, or offer to sell, on any street, sidewalk, alley or other public place within the City, any goods, wares, foodstuffs or anything of value or service of any kind by putting up a booth or stopping a vehicle or person on foot or in any other manner attempting to publicly sell or offer for sale any such articles, unless such person shall have first applied for and obtained a special event vending permit from the City Administrator/Clerk-Treasurer under this section or is otherwise authorized under § 370-9C or exempt under § 370-9B. Such permit shall enable holders to conduct their business in all enumerated areas subject to the limitations in this section. A special event vending permit shall be obtained where the vending is done by a participant in a special event and where such vending is an integral part of the event. However, where the vending is to occur in connection with a City or area-wide promotion of community trade or festival sponsored or coordinated by an organization, the sponsoring organization shall obtain the special event vending permit as agent for its participating members.

Procedure.

Application for a special event vending permit shall be filed with the City Administrator/Clerk-Treasurer and shall contain such information as the City Administrator/Clerk-Treasurer may require. The permit shall set forth the exact days/times on which and the exact location where such business shall be carried on and shall be valid only during the dates/times and at the locations specified. Where a sponsoring organization is the applicant, the applicant shall provide the City Administrator/Clerk-Treasurer with a complete list of sponsors and participants at the time of making application.

Upon receipt of an application for a permit, the City Administrator/Clerk-Treasurer shall review the information given on the application for conformity with the provisions of this section. If all the applicable requirements are clearly met in the City Administrator/Clerk-Treasurer's opinion, he/she shall make a recommendation on the application to the City Council. If the applicable requirements are not clearly met in the Administrator/Clerk-Treasurer's opinion, he/she shall state the matters in doubt, in writing, to the applicant within three days of the time of making application.

The City Council shall review the application and the City Administrator/Clerk-Treasurer's recommendation and either deny the permit, approve the permit or approve the permit conditionally.

Conditions of permit. In addition to any other conditions imposed by the City Council, all permittees shall fully comply with the following requirements:

Liability insurance. To hold a valid permit, the vendor must have in force adequate liability insurance. "Adequate liability insurance" is liability insurance holding the City and its employees and agents harmless and to indemnify and defend the City, its employees and agents against all claims, liability, loss, damage, or expense incurred by the City with adequate liability policy limits on account of any damage caused by or resulting from the activities for which the permit is granted. As evidence of the applicant's ability to perform this condition of the permit, the applicant shall furnish a certificate of insurance evidencing the existence of comprehensive general liability insurance (including contractual liability insurance with the City being named as an additional insured). "Adequate liability limits" means minimum limits of $500,000 per occurrence for bodily injury and minimum limits of $500,000 per occurrence for property damage. The certificate of insurance shall provide 30 days' written notice to the City upon cancellation, or nonrenewal or material change in the policy. Proof of insurance shall be submitted to the City Administrator/Clerk-Treasurer a minimum of seven days before the start of the event.

Cooperation with law enforcement officials. To protect the public health and safety, the permittee shall coordinate with the Chief of Police and Director of Public Works the location of all events under the permit. Street and sidewalk encroachments, booth locations and special parking provisions shall be submitted to the Chief of Police and Director of Public Works for their review and approval a minimum of five days before the start of the event.

Cleanup. The permittee shall be fully responsible for all necessary cleanup associated with the licensed event.

Compliance with other regulations. The permittee shall comply with all applicable state and county regulations governing health and sanitation for food-handling establishments, if applicable, and any other applicable City regulations, including, but not limited to, regulations pertaining to the issuance of special Class "B" fermented malt beverage licenses.

§ 370-24.1 Mailboxes.

[Added 6-2-2021 by Ord. No. 09-2021

Purpose. Since it is in the public interest to promote effective and efficient postal service, the City does not discourage the practice of allowing its citizens to locate a mailbox within the City-owned street portion of the public right-of-way in front of private residences by constructing and retaining mail receptacles without obtaining permits. Such placement does occasionally result in the inadvertent damage to such privately owned property by City crews in undertaking snow removal or other public services. The City acknowledges that the mailboxes are placed in City right-of-way without express permit and the City may take the position that any damage to such mail receptacle is not the responsibility of the City. However, the City believes that notions of fairness and equity compel the City to accept reasonable responsibility for damages caused by City crews in providing services. The City therefore sets reasonable limits to its responsibilities in regard to damage to mail receptacles placed in City right-of-way.

Placement. Commencing November 1, 2021, the placement and replacement of mailboxes within the street right-of-way shall meet the following City criteria:

The distance from the road surface to the bottom of the letter acceptance portion of the mailbox shall be between 41 inches to 45 inches.

The distance from the face of the curb or road edge to the closest portion of the mailbox to the street shall be six inches to eight inches.

Specifications. Mailboxes shall conform to the following specifications:

The mailbox must be of metal construction mounted on a four-by-four treated post or two-inch steel, aluminum pipe or square tubing or a fully plastic molded combination mailbox and post. Concrete or brick-and-mortar supports are not allowed. Mailboxes may deviate from this specification, however; if damaged as described below, the owner must make the repairs or replacement and the City will reimburse with proof of receipts to the owner up to a cost of $100 [see Subsection D(3)].

Prior construction.

Mailboxes constructed with concrete or brick-and-mortar supports prior to November 1, 2021, may remain in place, but if damaged as described below, the owner must make the repairs or replacement, and the City will reimburse with proof of receipts to the owner up to a cost of $100 [see Subsection D(3)].

Mailboxes constructed with concrete or brick-and-mortar supports prior to November 1, 2021, may only be replaced in compliance with this section.

Damaged mailboxes. As damage occurs to private property mailboxes, the City of Amery will take the following actions:

The City of Amery Public Works Department shall not be responsible and assume no responsibility for repairing or replacing any damaged mailboxes when:

The mailbox is not located properly within the City right-of-way and/or as postal service-specified regardless of the circumstances causing the damage.

The mailbox is damaged as a result of objects, snow, sleet, ice, water, or other precipitation thrown by a plow.

(c)

The mailbox is found to have been in unsound condition prior to the damage, regardless of the circumstances causing the damage.

(d)

The mailbox is damaged by any person who is not acting under the direction or at the request of the City of Amery.

Except as provided in Subsection D(1) above, the City of Amery Public Works Department shall be responsible for replacing or repairing damaged mailboxes when:

The mailbox is physically struck by a City of Amery-operated snowplow.

The mailbox is physically struck by a snowplow owned and operated by a subcontractor performing precipitation removal operations at the request of the City of Amery.