City of Colby, WI General Street Regulations

Construction and repair regulated. No person, whether owner, builder or contractor, shall build any new sidewalk or repair or renew, or cause to be built, repaired or renewed any existing sidewalk contrary to the provisions of this article, unless by petition to the Common Council and having permission therefor granted by the Council, or upon the Common Council's own motion, or where such a change in the specifications hereinafter set forth shall be deemed in the best interests of the City.

Supervision of project. The Director of Public Works, the Mayor and the Chairman of the Environmental Committee are authorized to negotiate contracts for material and labor at the lowest price available and have general oversight of the construction to be accomplished. The project shall be under the direction and control of the Director of Public Works.

Accounting. The Director of Public Works shall keep an accurate accounting of the costs of such project. The costs shall include the necessary overhead expenses; and upon completion of such work, the Director of Public Works shall make a complete report thereof to the Common Council, stating in detail the items of costs and the total costs of doing such work, and the City Clerk-Treasurer shall publish this report as part of the proceedings of the Council. The Board of Public Works in the City of Colby is the full Council, and the preparation of the report as provided by statute is hereby delegated to the Director of Public Works.

Construction and repair. The Council shall, from time to time, upon advice of City administrative officials, determine where sidewalks shall be constructed and establish the width, determine the material and prescribe the method of construction of standard sidewalks, and the standard so fixed may be different for different streets, and may order by resolution sidewalks to be laid as provided in this section. The Common Council may order any sidewalk which is unsafe, defective or insufficient to be repaired or removed and replaced with a sidewalk in accordance with the standard fixed by the Council.

Notice. A copy of the order directing such laying, removal, replacement or repair shall be served upon the owner, or an agent of each lot or parcel of land in front of which work is ordered. The Common Council shall serve notice on the effective property owner by publication in the official newspaper as a Class 1 notice, together with mailing by first class mail to the owner or agent of the effective property.

Default of owner. Whenever any such owner shall neglect for a period of 20 days after such service to lay, remove, replace or repair any such sidewalk, the City shall cause such work to be done at the expense of the owner. If the costs of repairs of any sidewalk in front of any lot or parcel of land does not exceed the sum of $100, the Common Council may immediately repair such sidewalk, without notice and charges of costs thereof to the owner of such lot or parcel of land.

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

Expense. The Common Council shall keep an accurate account of the expense of laying, removing and repairing sidewalks in front of each lot or parcel of land and report the same to the City Clerk-Treasurer, who shall annually prepare a statement of the expense so incurred in front of each lot or parcel, and the amount therein charged each lot or parcel of land shall be entered by such Clerk-Treasurer in the tax roll as a special tax against said lot or parcel of land and the same shall be collected in all respects like other taxes upon real estate.

Cost of sidewalks.

New sidewalks. Sidewalks required in new subdivisions and developments shall be paid for by the land divider pursuant to Chapter 472, Subdivision of Land, of this Code of Ordinances. New sidewalks constructed in existing areas of the City of Colby shall be paid for by adjacent property owners.

Sidewalk repair and reconstruction; sidewalks ordered into existing neighborhoods.

(a)

If the property owner or the person in control of the property elects to do the sidewalk construction as his/her own contractor, the City agrees to pay 50% of the cost of the concrete. The cost shall be based on the commercial rate in effect at the time of the laying of the sidewalk. The commercial rate shall be ascertained by the average cost of two of the concrete suppliers within an area of 30 miles of the City of Colby.

(b)

The City of Colby shall undertake the cost of installing or repairing sidewalks when reconstructing existing City streets. Where existing sidewalks are laid, and such sidewalks require repair or replacement, they shall be laid at municipal government expense. A determination shall be made by the Streets/Equipment Committee as to what sidewalks shall be repaired or replaced.

Standard specifications for sidewalks.

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 of Colby.

Subgrade. Subgrade shall be three inches of sand fill, thoroughly and uniformly compacted and brought to correct grade. Soft, porous and unsuitable subgrade material shall be removed and replaced with sand or other satisfactory material, and the subgrade shall be thoroughly and uniformly compacted and moistened immediately before the concrete is placed. 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.

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 1/2-inch expansion joint shall be placed. Transverse expansion joints of 1/2-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 feet 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 1/2-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 1/4-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 4 1/2 feet in width and not less than four inches thick; except within driveway approaches, where the minimum thickness shall be six inches, provided that walks in residential areas may be repaired or replaced to a width not less than the existing width. 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 Common Council and be five inches thick; except within driveway approaches, where the minimum thickness shall be seven inches.

(8)

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 1/4-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 herein before 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 $100; 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.

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

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 whatsoever had been built or constructed in the place where any such sidewalk is located.

§ 398-6 Excavation of streets, alleys, public ways and grounds.

Permit required. No person, partnership or corporation, or their agents or employees or contractors, shall make or cause to be made any opening or excavation in any public street, public alley, public way, public ditch, public ground, public sidewalk or City-owned easement within the City of Colby without a permit therefor from the City Clerk-Treasurer or Director of Public Works. The permit fee shall be as set by the Common Council.

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

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 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 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 § 398-7G 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 Clerk-Treasurer or Director of Public Works. Permit renewals shall be issued at the discretion of the City 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 § 398-7. Any damaged curb and gutter, sidewalk or grass-covered area shall be restored to the condition prior to damage.

Insurance required. A permit shall be issued only upon condition that the applicant submit to the City 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.

The City Clerk-Treasurer or Director of Public Works may require a bond. If repair costs are estimated to exceed $25,000, a bond is required.

Before a permit for excavating or opening any public street, sidewalk, ditch, alley or public right-of-way may be issued, the applicant must execute and deposit with the City a bond in the amount of $10,000, conditioned that he will indemnify and save harmless the City of Colby and its officers from all liability for accidents and damage caused by any of the work covered by his 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 will pay all fines or forfeitures imposed upon him/her for any violation of any rule, regulation or ordinance governing street openings or drainlaying 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 of Colby. 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, 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.

Whenever the Common 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 surety stating the defect, the work to be done, the cost thereof and the period of time deemed by the Common 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.

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 § 398-7, and any and all subsections thereunder, except that a public utility as defined within this section shall not be required to post the indemnity bond.

§ 398-7 Excavations and openings.

Frozen ground. No openings in the streets, alleys, sidewalks or public ways shall be permitted between November 1 and May 1, except where it is determined by the Director of Public Works or his designee to be an emergency excavation.

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 Part 6 of the MUTCD. Sufficient warning lights shall be kept on from sunset to sunrise. No open-flame warning devices shall be used. Except by special permission from the 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 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 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 operations. 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 Subsection H.

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 as defined in Subsection H.

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 the 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 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 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.

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.

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 designee, is unsuitable.

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 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 Street Department will test the fill to meet the City's specifications. Contractors will be instructed by the City inspector, if he 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.

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 3/4-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 3/4-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 1-1/2-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 straight edge.

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 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 the 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.

(8)

When a street is reconstructed, utility laterals shall also be installed, including sump pump laterals, even if not immediately needed.

Emergency excavations. 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 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.

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 Common 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.

§ 398-8 Obstructions and encroachments.

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 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 a street privilege permit under § 398-9 pursuant to § 66.0425, Wis. Stats.

Building materials for the period authorized by the Common Council 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 §§ 398-6 and 398-7 of this chapter.

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

Public utility encroachments duly authorized by state law or the Common 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.

(8)

Signs or clocks attached to buildings which project not more than six feet from the face of such building and which do not extend below any point 10 feet above the sidewalk, street or alley.

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 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 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 C or D, 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 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 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.

§ 398-9 Street privilege permits.

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 moving any building or structure or of encumbering the street, alley, sidewalk or way with materials necessary in and about the construction or demolition of any building or structure, 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.

Bond. No street privilege permit shall be issued until the applicant shall execute and file with the City Clerk-Treasurer a bond not exceeding $10,000, conditioned that the applicant will indemnify and save harmless the City of Colby 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 of Colby resulting from such building or moving operations.

Fee. The fee for a street privilege permit shall be as set by the Common Council, plus any actual City costs.

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

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, removal or moving 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:

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.

No building or structure shall be allowed to remain overnight on any street crossing or intersection or so near thereto as to prevent easy access to any fire hydrant.

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 Common 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 Common 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 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)]

§ 398-10 Snow and ice removal.

Purpose. In the interests of public safety, the City of Colby has undertaken a sidewalk improvement and construction policy. To further facilitate public safety and the movement of pedestrians, it has been determined to be in the public interest that certain sidewalks within the corporate limits of the City of Colby shall be kept free of snow and ice, and that all sidewalks in certain specified locations shall be cleaned of snow and ice within a stated period of time.

Removal.

All snow and/or ice or a combination thereof from whatever source shall be removed from public sidewalks in the City of Colby within 24 hours after the termination of the precipitation. When ice is formed on the sidewalk so that it cannot be removed, it shall be kept sprinkled with ashes, salt, sand or like material. In the event that the sidewalk remains uncleared or untreated following 24 hours after the cessation of the first measurable precipitation after October 31, the City Clerk-Treasurer shall advise the homeowner or property owner by letter that the homeowner or property owner is in violation of this City ordinance and that the snow and/or ice or a combination thereof shall be removed from the public sidewalk, or treated, within 24 hours after receipt of the notice to comply. If after subsequent snowfall an accumulation of snow and/or ice or a combination thereof, from whatever source, accumulates, the City Clerk-Treasurer shall then mail a letter notice to the property owner in accordance with the foregoing policy. Only one notice may be given during the season from November 1 through March 31, and such notice shall constitute a continuing notice of a continuing obligation to keep the affected sidewalk free of snow and/or ice or a combination thereof.

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

Such letter shall be addressed to the homeowner or property owner at the homeowner's or property owner's last known address; and mailing by the City Clerk-Treasurer by regular mail, postage prepaid thereon, shall constitute presumptive evidence of receipt of such notice. If, within 24 hours after notice, the sidewalk remains uncleared of snow and ice or a combination thereof, the City maintenance crews or City employees shall arrange for the clearing of the sidewalk at the rate established by the City of Colby, which shall be revised from time to time as the City deems appropriate.

Sidewalks affected. The following sidewalks are to be kept open for pedestrian travel and are those governed by the terms of this section:

All sidewalks on Second Street from Broadway north to the High School.

All sidewalks on Division Street.

All sidewalks on Spence Street west of Division Street.

All sidewalks on First Street.

All sidewalks on Clark Street, except sidewalks between 3rd and 4th Streets on Clark Street shall not be required to be maintained.

All sidewalks on Broadway Street from Second Street east to Division Street.

All sidewalks on Dolf Street.

Other sidewalks. Sidewalks not specifically named herein shall not be subject to compulsory snow removal and/or snow and ice removal by City workers, but in the event of such failure to do so, the abutting property owner shall assume all responsibility for any injuries that may be caused by such failure to remove snow and/or ice or a combination thereof.

Prohibited placement. Except as provided herein, no person shall deposit or cause to be deposited any snow or ice taken and removed from his premises or elsewhere upon any sidewalk, alley, parkway, public place or street in the City of Colby; provided however, that the person, firm or corporation depositing such snow shall, within one hour thereafter, cause the same to be removed from such street.

Penalties. In addition to the liability of the owner or occupant of lands under Subsection B, the penalty for violation of any provision of this section of the Colby Code of Ordinances will be a penalty as provided in § 1-3, General penalty. A separate offense shall be deemed committed for each day on which a violation of this section occurs or continues.

§ 398-11 Terrace areas.

Definition. The definition of "terrace" (or "boulevard") shall be as defined in Chapter 415, Trees and Shrubs, § 415-2, in the definition of "boulevard or terrace areas."

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 Common 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 tenant, the terrace directly abutting such land as provided in this section and elsewhere in this Code of Ordinances. Every owner shall keep mailboxes located on a terrace free and clear of snow.

§ 398-12 Vaults and cisterns.

All vaults and cisterns under sidewalks shall be prohibited.

§ 398-13 Requests for improvements.

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

§ 398-14 Unlawful dumping on streets.

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 or occupant thereof.

§ 398-15 Street numbers.

Buildings to have street numbers. Each principal building in the City of Colby shall be assigned an official street number by the Building Inspector. All lots and parts of lots in the City shall be numbered in accordance with a street numbering map on file in the office of the City Clerk-Treasurer. Plats shall be numbered to conform as nearly as possible to the general scheme of numbering as outlined in this section.

Numbering of buildings.

If a building has two or more doors serving separate occupants, a separate number shall be assigned to each door serving a separate occupant, provided the building is not less than 25 feet in width; and if the building is of lesser width, each door after the first shall be assigned a consecutive fractional number.

A building fronting on two or more streets shall have a number assigned only to its main entrance, unless entrances serve separate occupants.

Where only one number can be assigned to any house or building, the owner, occupant or agent thereof who shall desire distinctive numbers for the upper and lower portion of the house or building, or for any part thereof fronting on any street, shall use the suffix "A", "B", "C", etc., as may be required.

Street numbers to be displayed.

The owner, occupant or agent in charge of the premises shall cause to be affixed and to be maintained when so affixed to each principal building controlled by him the official street number assigned to that building as provided in Subsection A hereof.