[HISTORY: Adopted by the Common Council of the City of Neillsville as indicated in article histories. Amendments noted where applicable.]
[Adopted as Title 4, Ch. 1, of the 1985 Code; amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Grades to be established. The grade of all streets, alleys and sidewalks shall be established by resolution of the Common Council and the same recorded by the City Clerk-Treasurer in his/her office. No street, alley or sidewalk shall be worked until the grade thereof is established. In all cases where the grade of sidewalks shall not have been specifically set by resolution, the sidewalks shall be laid to the established grade of the street.
B. 
New sidewalk grade. Whenever a street shall be improved for the first time or the grade thereof changed and the street improved so as to conform to the new grade, the grading of the sidewalk shall be considered a part of the improvement, shall be let by contract with the other work of improving such street, and the expense thereof shall be provided for and borne in all respects like that of improving the street, but the construction of the sidewalk shall be done by the owners of the abutting lots or parcels of land or at their expense as hereinafter provided. Before such construction is commenced by the owners of the abutting lots or parcels of land, the Director of Public Works shall, upon application by the respective owners for a sidewalk grade, cause such sidewalk grade to be established. The cost of furnishing such grade shall be borne by the City.
No person shall alter the grade of any street, alley, sidewalk or public ground or any part thereof in the City of Neillsville by any means whatsoever unless authorized or instructed to do so by the Common Council. All such alterations of grade shall be recorded in the office of the City Clerk-Treasurer.
[Adopted as Title 4, Ch. 2, of the 1985 Code]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
No owner or occupant shall allow the sidewalk abutting on his/her premises to be littered with rubbish or dirt. If such owner or occupant shall refuse or fail to remove any such rubbish or dirt when notified to do so by the Common Council, the Council may cause the same to be done and report the cost thereof to the City Clerk-Treasurer, who shall spread the cost on the tax roll as a special charge against the premises, or such cost may be recovered in an action against the owner or occupant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Owner to construct. It shall be the duty of the abutting owner to build, repair, construct and perpetually maintain sidewalks along or upon any street, alley or highway in the City of Neillsville and to pay the entire cost of construction thereof. Whenever the Common Council shall by resolution determine that a sidewalk be laid, rebuilt, repaired, lowered or raised along or upon any public street, alley or highway within the City of Neillsville, it shall proceed according to § 66.0907, Wis. Stats. Sidewalks shall be located in such places as designated by the Common Council.
B. 
Permit required. No person shall hereafter lay, remove, replace or repair any public sidewalk within the City of Neillsville unless he/she is under contract with the City to do such work or has obtained a permit therefor from the Common Council at least seven days before work is proposed to be undertaken. No fee shall be charged for such permits.
C. 
Specifications. All sidewalks within the City of Neillsville hereafter shall be repaired, rebuilt and constructed in accordance with the following specifications:
(1) 
Subgrade. The subgrade shall be prepared by excavating to the line, grade and cross section as established by the City Engineer and approved by the Common Council. Soft and unsuitable 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. When so specified by the Common Council, a subbase of sand, sand and gravel or other approved porous material shall be placed under the sidewalk. On embankments the subgrade shall extend at least one foot beyond each edge of the sidewalk.
(2) 
Material. All sidewalks shall be of air-entrained concrete composed of six bags per cubic yard of one course construction, and built to the established line and grade. Gravel shall be of good quality. Concrete shall be mixed thoroughly for a minimum of one minute after all materials have been placed in the mixer.
(3) 
Forms; drainage.
(a) 
Forms. 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. Wood forms shall be surfaced plank of at least two-inch thickness except for sharply curved sections. Metal forms shall be of approved section. The forms shall be of full depth of the required walk and shall be of such design as to permit secure fastening. Forms shall be thoroughly cleaned and oiled before the concrete is placed against them. 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.
(b) 
To provide adequate drainage, the sidewalk shall slope toward the curb at a minimum rate of 1/4 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 one-foot strip of street property left between the property line and the edge of the sidewalk.
(4) 
Width and thickness. Residential walks shall be five 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 on the effective date of this section. Sidewalks in front of commercial or industrial establishments shall be not less than eight feet in width and five inches in thickness except within driveway approaches where the minimum thickness shall be seven inches.
(5) 
Finishing. Before the last finish has set, the sidewalk shall be steel troweled and brushed in transverse direction. Before the final finishing, the surface shall be checked with a ten-foot straight edge and any areas departing more than 1/8 inch from the testing edge shall be corrected by adding or removing concrete while the concrete in the walk is still plastic.
(6) 
Jointing. Transverse, full-depth, 1/2-inch-thick expansion joints of premolded expansion material shall be located every 40 feet and at the property line, and where the walk intersects another walk, curbline, building or driveway approach, and at buildings, walls, poles and stop boxes. The expansion joint material shall be placed in a neat and workmanlike manner with its upper edge slightly below the finished sidewalk surface. Dummy groove joints for controlled cracking, at least 3/8 inch in thickness and 5/16 inch in depth, shall be placed at intervals of approximately four feet. All joints shall be at right angles to the direction and grade of the walk. Diagonal joints may be used only when approved by the Common Council.
(7) 
Curbing 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 of 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 Specs. 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. Walks shall be kept free from all traffic at normal temperatures for 48 hours and in cold weather (below 50° F.) for 96 hours. No concrete shall be poured when the temperature may be expected to fall below 35° F. in any 72-hour period or upon frozen subgrade.
D. 
Sidewalk repair or replacement. Pursuant to § 66.0907, Wis. Stats., the Common Council may order property owners to repair or remove and replace any sidewalk which is unsafe, defective or insufficient. If the property owner shall fail to so repair or remove and replace such sidewalk for a period of 20 days after service of the notice provided in § 66.0907(3)(c), Wis. Stats., the Common Council shall repair or construct such sidewalk and the Clerk-Treasurer shall enter the total cost thereof upon the tax roll as a special charge against said lot or parcel of land.
E. 
Unsafe sidewalks. The Common Council may at any time, by ordinance or resolution, order any sidewalk which is unsafe, defective, or insufficient, to be removed and replaced with a sidewalk in accordance with the standard specifications provided for in this section.
F. 
Construction contracts. All work for the construction of sidewalks shall be let by contract to the lowest responsible bidder unless otherwise provided. Whenever the cost of repairs of any sidewalk in front of any lot or parcel of land shall not exceed $25, the Common Council may have City employees make immediate repairs, without notice or letting the work by contract, and charge the cost thereof to the owner of such lot or parcel of land, in the manner provided in this section.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
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 ground, public sidewalk or City owned easement within the City of Neillsville without a permit therefor from the Director of Public Works.
B. 
Fee. The fee for an excavation or opening permit shall be in an amount as set from time to time by the Common Council. The fee shall be paid to the Director of Public Works, who shall issue a receipt therefor.
C. 
Insurance required. A permit shall be issued only upon condition that the applicant submit to the Director of Public Works or Clerk-Treasurer 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 $100,000 per one person, $300,000 for one accident and property damage coverage of not less than $50,000.
D. 
Bond.
(1) 
Before a permit for excavating or opening any street or public way may be issued, the applicant must sign a statement in that he/she will indemnify and save harmless the City of Neillsville 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 Common Council for a period of two years, and that he/she will pay all fines imposed upon him/her for any violation of any rule, regulation or ordinance governing street openings, or drain laying adopted by the Common Council and will repair any damage done to existing improvements during the progress of the excavation in accordance with the ordinances, rules and regulations of the City. Such statement shall also guarantee that if the City shall elect to make the street repair, the person opening the street will pay all costs of making such repair and of maintaining the same for one year.
(2) 
The person who does such restoration shall be responsible therefor for two years 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 the amount of $1,000.
(3) 
Whenever the Common Council shall find that any such work has become defective within two years 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 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Frozen ground. No openings in the streets, alleys, sidewalks or public ways shall be permitted when the ground is frozen except where it is deemed necessary by the Common Council or Director of Public Works.
B. 
Removal of paving. In any opening or excavation all paving or ballasting materials shall be removed with the least possible loss of or injury to surfacing materials and together with the excavated materials from the opening shall be placed so as to cause the least practicable inconvenience to the public and permit free flow of water along gutters.
C. 
Protection of public.
(1) 
Every opening and excavation shall be enclosed with sufficient barriers. Sufficient warning lights shall be kept on from sunset to sunrise. Such lights shall be spaced so as to give adequate warning of the existence of the opening and of piled excavated materials. No open flame warning pots 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 or left unfilled more than 500 feet where pipe or conduit has been laid.
(2) 
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.
D. 
Replacing street surface. In opening any public street, public alley, public sidewalk, public way, public easement, or public ground, the paving materials, sand, gravel and earth or other material moved or penetrated, and all surface monuments or hubs must be removed and replaced as nearly as possible in their original condition or position and the same relation to the remainder as before. Any excavated material which in the opinion of the Director of Public Works is not suitable for refilling shall be replaced with approved backfill material. All rubbish shall be immediately removed. In refilling the opening, the earth must be puddled or laid in layers not more than six inches in depth and each layer rammed, tamped or flushed to prevent after-settling. When the sides of the trench will not stand perpendicular, sheathing and braces must be used to prevent caving. No timber, bracing, lagging, sheathing or other lumber shall be left in any trench. The City may elect to have the opening for any street or sidewalk repaired by the City, 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.
E. 
Notice. It shall be the duty of the permittee to notify the Director of Public Works or Clerk-Treasurer and all public and private individuals, firms and corporations affected by the work to be done at least 24 hours 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.
F. 
Validity of permit. Unless the work shall be commenced within 30 days of the issuance of the permit, the permit shall be void, and a new permit must be obtained and an additional fee charged. The Director of Public Works may extend the time limitation for good cause.
G. 
Backfilling. It shall be the duty of the permittee to backfill the opening immediately upon completion of the work and to place at least five inches of traffic bind or similar material in the opening unless otherwise advised by the Director of Public Works. It shall be the duty of the permittee to maintain the opening in good condition for a period of six months after the completion of the work or until the surface has been restored. The Director of Public Works shall decide when within said six months' period the opening is ready for paving if a paving surface is required. If the surface is not restored within a period of 10 days or such longer period as determined by the Director of Public Works the City may restore the surface and bill the permittee therefor.
H. 
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 may take immediate proper emergency measures to remedy dangerous conditions for the protection of property, life, health, or safety without obtaining an excavation permit, provided that such person firm or corporation shall apply for an excavation permit not later than the next business day.
I. 
Excavation in new streets limited. Whenever the Common Council determines to provide for the permanent improvement or repaving of any street, such determination shall be made not less than 30 days before the work of improvement or repaving shall begin. Immediately after such determination by the Common Council, the Director of Public Works shall notify in writing each person, utility, City department 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 an emergency exists which makes it absolutely essential that the permit be issued.
J. 
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 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 applicant proposes to use in doing the work. The Director of Public Works shall determine if sufficient information is submitted.
K. 
Exception. The provisions of this section shall not apply to excavation work done under the direction of the Director of Public Works by City employees or contractors performing work under contract with the City except that the safety precautions under Subsection C hereof shall be complied with.
A. 
Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds, or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he/she is the owner or occupant, except as provided in Subsection B.
B. 
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1) 
Signs or clocks attached to buildings which project no 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.
(2) 
Awnings now built and extending over any sidewalk at a height of less than six feet six inches above the sidewalk; all awnings hereafter erected over any public sidewalks shall be at least seven feet six inches at the lowest point above the sidewalk over which they extend.
(3) 
Public utility encroachments duly authorized by state law or by the Common Council.
(4) 
Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than three feet on a sidewalk, provided such goods, wares, etc., do not remain thereon for more than three hours.
(5) 
Temporary encroachments or obstructions authorized by permit under § 370-8 of this section pursuant to § 66.0425, Wis. Stats.
(6) 
Building materials for the period authorized by the Common Council which shall not obstruct more than one-half of the sidewalk or more than one-third of the traveled portion of the street, and which do not interfere with flow in the gutters.
(7) 
Excavations and openings permitted under §§ 370-5 and 370-6 of this Code.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
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 Common Council 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.
B. 
Bond. No street privilege permit shall be issued until the applicant shall execute and file with the City Clerk-Treasurer a bond in an amount determined by the Common Council, conditioned that the applicant will indemnify and save harmless the City of Neillsville 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 or moving operations.
C. 
Fee. The fee for a street privilege permit shall be in an amount as set from time to time by the Common Council.
D. 
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 Common Council for violation thereof:
(1) 
Such temporary obstruction shall cover not more than 1/3 of any street or alley.
(2) 
Obstructions shall be sufficiently lighted at night so as to be in full view of the public from all directions.
(3) 
Sidewalk traffic shall not be interrupted, but temporary sidewalks of not less than four feet in width guarded by a closed fence at least four feet high on both sides may be maintained during the period of occupancy.
(4) 
The process of moving any building or structure shall be as continuous as practicable until completed and, if ordered by the Common Council, shall continued during all hours of the day and night.
(5) 
No building or structure shall be allowed to remain overnight on any street crossing or intersection or so near thereto as to prevent easy access to any fire hydrant.
(6) 
Buildings shall be moved only in accordance with the route prescribed by the Common Council.
(7) 
Upon termination of the work necessitating such obstruction, all parts of the streets, alleys, sidewalks or public grounds occupied under the permit shall be vacated, cleaned of all rubbish and obstructions and placed in a safe condition for public travel at the expense of the permittee.
E. 
Termination. All street privilege permits shall automatically terminate at the end of three months from the date of issuance unless an earlier termination date is specified thereon at the direction of the Common Council.
F. 
Removal by City. In addition to any other penalty imposed, if the owner or occupant of the premises adjoining any unlawfully obstructed sidewalk shall refuse 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 Common Council 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 obstructing sidewalk, and such sum shall be levied and collected as other special charges against real estate.
[Amended 3-11-1986 by Ord. No. 866; 11-28-1995 by Ord. No. 932; 11-26-2019 by Ord. No. 1059; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Owner's responsibility. The owner, occupant or person in charge of each and every building or structure or unoccupied lot in the City of Neillsville fronting or abutting any street shall clean or cause to be cleaned the sidewalk in front of or adjoining each such home, building or unoccupied lot, as the case may be, of snow or ice to the width of such sidewalk within 24 hours of the snow fall and shall cause the same to be kept clear from ice and snow, provided that when the ice has formed on any sidewalk so that it cannot be immediately removed, the persons herein referred to shall keep the same sprinkled with salt, sawdust or sand; provided also, that in case snow shall continue to fall for more than 24 hours, then it shall be removed once each 24-hour period and within 24 hours after it shall cease to fall.
B. 
Deposit of snow on streets or sidewalks. No person shall deposit or cause to be deposited any snow or ice taken and removed from his/her premises or elsewhere upon any sidewalk, alley, parkway, public place or street in the City; provided, however, that the removal of snow from a sidewalk in front of or abutting his/her premises, as is required by Subsection A, may be deposited on the alley or street. Snow shall not be piled at or near intersections so as to obstruct the view of pedestrians or operators of motor vehicles.
C. 
Penalty. In any case where the owner, occupant, or person in charge of any building or structure or unoccupied lot shall fail to clear their respective sidewalks of snow and ice as set forth above, or for a violation of Subsection B, the City may elect as follows:
(1) 
Written notice shall be personally served, delivered or mailed by Certified Mail informing said person of his/her failure to clear his/her sidewalk or of the wrongful deposit of snow cleared from his/her premises, the City's intention to clear said sidewalk or wrongful deposit, and the potential costs thereof, no less than 24 hours prior to the City's clearing of said sidewalk or wrongful deposit of snow or ice.
(2) 
The City shall clear or cause to be cleared all snow and ice from the subject's sidewalk and/or the clearing of any wrongful deposit as prohibited in Subsection B, and shall charge the expenses of so doing at a rate to be set from time to time by the Common Council. The charges shall be set forth in a statement to the City Clerk-Treasurer who, in turn, shall mail the same to the owner, occupant or person in charge of the subject premises. If said statement is not paid in full within 30 days thereafter, the statement shall be reported to the City Clerk-Treasurer, who shall enter the charges in the tax roll as a special charge against said lot or parcel of land, and the same shall be collected in all respects like other taxes upon real estate, or as provided under § 66.0907(3)(f), Wis. Stats.
D. 
Alternative or additional penalty. As an alternative to the remedy provided in Subsection C above, or in addition thereto, the City may impose a penalty for violation of any provision of this section, providing that the person who violates any of the provisions of this section shall forfeit and pay to the City of Neillsville a forfeiture of not less than $25 nor more than $500, together with the costs of prosecution for each offense. A separate offense shall be deemed committed during each day (24 hours) or part thereof during which a violation occurs or continues.
A. 
Definition. As used in this section, the following terms shall have the meanings indicated:
TERRACE
As defined ("terrace areas") in § 390-2 of this Code.
B. 
Noxious weeds; paving. 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.
C. 
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.
D. 
Street rights-of-way. Any tree, shrub, hedge, fence or other obstruction planted or constructed within the right-of-way of any City street shall be done at the property owner's risk and shall be in accordance with the provisions of Chapter 390, Trees and Shrubs. In the event any street is widened or sidewalk constructed, any such planting or obstruction shall be removed at the property owner's expense.
All vaults under sidewalks in the City shall be constructed of brick, concrete block, or poured concrete. The surface opening into the street shall be within three feet of the outer edge of the sidewalk, or the curb. The slab over such vault shall be able to withstand a load of 250 pounds per square foot of slab area. The owner of any lot or parcel of land adjoining such vault shall maintain such vault and slab over in a safe condition and at his/her own expense.