[Adopted as Title 6, Chapter 2 of the Code
of Ordinances]
No owner or occupant shall allow the sidewalk
abutting on his 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 or Street Superintendent,
the Council or Street Superintendent may cause the same to be done
and report the cost thereof to the Clerk-Treasurer, who shall spread
the cost on the tax roll as a special tax against the premises, or
such cost may be recovered in an action against the owner or occupant.
[Amended 11-24-1998 by Ord. No. 868]
A.
Unsafe sidewalks. The Street Department is hereby
authorized to determine which sidewalks in the City are unsafe, defective
or insufficient and in need of repair or replacement and to formulate
an annual program for ordering such sidewalks to be repaired, removed
or replaced.
C.
Special assessment. When the cost sharing on the sidewalk
repair is determined, the property owner may pay his share or elect
to have it placed on the tax roll as a special assessment as allowed
by the City's special assessment policy.
D.
Permit required. No person shall hereafter lay, remove,
replace, or repair any public sidewalk within the City unless he is
under contract with the City to do such work or has obtained a permit
therefor from the Street Department at least three days before work
is proposed to be undertaken. The fee for such permits shall be as
established by the Rice Lake Common Council as part of the annual
budget.
[Amended 5-9-2006 by Ord. No. 06-06]
E.
Curb and gutter. All the foregoing provisions relating
to replacement and repair of sidewalks shall be equally applicable
to the replacement and repair of curb and gutter throughout the City.
F.
(Reserved)[2]
[2]
Editor's Note: Former Subsection F, Mailboxes, was repealed 5-9-2006 by Ord. No. 06-06. Former Subsection G, Repair and replacement of downtown sidewalks, which immediately followed this subsection, was repealed 9-27-2011 by Ord. No. 11-12. Original Secs. 6-2-3, Excavations of streets, alleys, public ways and grounds, and 6-2-4, Regulations governing excavations and openings, which immediately followed former Subsection G, were deleted 7-14-1998 by Ord. No. 861. See Art. III, Use of Rights-of-Way, of this chapter.
[Amended 2-28-1995 by Ord. No. 796]
A.
Obstructions and encroachments prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or 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 buildings and which do
not extend below any point 10 feet above the sidewalk, street or alley.
(2)
Awnings which do not extend below any point seven
feet above the street, sidewalk or alley.
(3)
Public utility encroachments duly authorized by state
law or by the Common Council.
(4)
Goods, wares and merchandise.
[Amended 7-25-2000 by Ord. No. 00-9]
(a)
Goods, wares, merchandise or fixtures being
loaded or unloaded which do not extend more than three feet on a sidewalk,
provided that such goods, wares, etc., do not remain thereon for more
than three hours.
(b)
Goods, wares and merchandise for retail sale
that do not extend more than three feet from the exterior of the building
and are displayed no earlier than 9:00 a.m. nor later than 6:00 p.m.
and do not block or impede access to and from any doorway from the
address of the business or the adjoining property. However, displays
on corner lots and alleys shall be placed so the display does not
interfere with the vision of drivers approaching the intersection
of those streets and alleys.
(5)
Outdoor cafes.
(a)
Permits may be issued to be effective only between
April 15 and November 15 yearly so as to avoid dangerous conditions
associated with snow and ice and its removal.
(b)
No use of sidewalks shall block or impede the
vision of storefronts of adjoining properties or the entrances or
exits of the address for the permit.
(c)
No use of sidewalks shall block or impede access
to and from any doorway for the address for the permit, and such doorway
shall remain accessible for disabled persons, wheelchairs, stretchers
and other emergency equipment.
(d)
Sidewalk traffic shall not be interrupted, and at least five feet of sidewalk, measured from the curb, shall at all times remain open and unobstructed. The four-foot-high closed fence referred to in § 218-4D(3) below shall not apply to permits granted by the City Council unless made a specific condition of any such permit. No obstruction may be located within five feet of any City-owned garbage receptacle, streetlight, street sign, light pole, fire hydrant or other fixture located on the sidewalks or streets, whether or not located immediately in front of the address of the permit.
(e)
The Council may set any other conditions for
the promotion of safety, convenience, cleanliness and orderly conduct
and may deny any application for a permit for articulatable grounds
of safety, convenience, cleanliness and orderly conduct, including
but not limited to unreasonable noise or any other conduct prohibited
by the City of Rice Lake Municipal Code.
(f)
Any sidewalk permit granted by the City Council may be revoked by the City Council for violation of any condition of such permit as set out in Subsection B(5)(e) above or otherwise in the interest of public safety. Such revocation shall afford the permit holder a hearing before the City Council after service on the permit holder of notice of intent to revoke, notice of hearing at least three days but not more than 30 days from the date and service of the notice and a detailed statement of the facts alleged to constitute any such violation. The City shall have the burden to prove a violation by a preponderance of the evidence. The offices of the Inspection Department, Police Department, Fire Department and Street Department are each authorized to initiate such revocation proceedings.
(g)
Any sidewalk permit granted herewith may be
temporarily suspended with three days' notice by the City Council
for purposes of parades or other special events of community-wide
interest.
(h)
No intoxicating beverage shall be sold, served
or consumed on any sidewalk under a permit herein, given consideration
for security, supervision and accessibility to minors.
(i)
Insurance required. A permit shall be issued
only upon condition that the applicant submit to the Inspection Department
satisfactory written evidence that the 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 and $300,000 for
one accident and property damage coverage of not less than $50,000.
(j)
The permit application shall be accompanied
by a site plan of the objects and uses for which the permit is requested.
(l)
Termination. All street privilege permits shall
be good for the time period approved by the City Council. The street
privilege permit may be revoked or temporarily suspended by the City
Inspector if such revocation or suspension is in the interest of public
safety.
C.
Removal by City. In addition to any other penalty
imposed, if the owner or occupant of the premises adjoining any unlawfully
obstructed sidewalk refuses or neglects to remove such obstruction
within 24 hours after notice from the City Inspector to do so, the
Inspector shall remove such obstruction and make return of the cost
and expense thereof to the Clerk-Treasurer. The Clerk-Treasurer shall
enter such costs plus interest 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 a special charge against
real estate.
[Amended 1-25-2000 by Ord. No. 00-3]
A.
Permit required.
(1)
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 City Clerk-Treasurer 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 that such applicant has complied
with the other requirements of this section and has obtained a building
permit if required by this Code.
(2)
No person shall move any building within the City
without a permit from the Street Superintendent, upon 30 days' notice,
designating the streets and alleys along which the building is sought
to be moved. Such permit shall state the date upon which the work
is to commence in moving the building, a description of the building
and its location, the place to where such building is sought to be
moved, the name of the owner of such building, the name of the person
who is performing the work and the name of the streets and alleys
along which the building may be moved.
B.
Notice to utilities. Upon receipt of the notice under Subsection A, the Street Superintendent shall immediately notify any public utility whose lines or poles may be interfered with of the application. Such utility shall take whatever steps are necessary to permit the building to be moved without damage to its lines and poles.
C.
Deposit. The applicant shall, at the time of application,
deposit with the City Clerk-Treasurer the estimated cost of work,
as determined by the Utility Department, of the utilities or whatever
is necessary to permit the safe moving of the building and damages
to property resulting from such moving. Upon completion of the moving,
the Street Superintendent shall inspect the route and report to the
City Clerk-Treasurer any damages and the estimated amount thereof
caused the streets and any public or private property. Upon payment
of the utility expenses and settlement of all damage claims, the City
Clerk-Treasurer shall release the balance of the deposit remaining.
The applicant shall be liable for any costs and damages exceeding
the deposit.
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 City for violation thereof:
[Amended 1-25-2000 by Ord. No. 00-3]
(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 City, shall continue during all hours of the day or 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 City.
(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 City.
[Amended 1-25-2000 by Ord. No. 00-3]
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 City 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 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 1-25-2000 by Ord. No. 00-3]
|
State Law Reference: W.S.A. s. 66.045.
|
[Amended 1-25-2000 by Ord. No. 00-3; 2-28-2012 by Ord. No.
12-02]
A.
Owner's responsibility. The owner or occupant of any lot or
parcel shall promptly each day remove all snow and ice which may have
fallen or accumulated upon the sidewalk in front of such lot or parcel,
provided that when ice has so formed that it cannot be removed, the
owner or occupant shall keep the same sprinkled with a material which
will prevent the sidewalk from being dangerous to pedestrians.
B.
City's option to clear sidewalks. In any case where the owner,
occupant or person in charge of any building or structure or unoccupied
lot shall fail to clear his or her respective sidewalks of snow and
ice as set forth above, then and in that event the City may elect
to clear said sidewalks as follows:
(1)
Written notice shall be delivered to and left in a conspicuous place
on the premises informing said person of his or her failure to clear
said sidewalk, the City's intention to clear the same and the
potential costs thereof no less than 24 hours prior to the City's
clearing said sidewalk.
(2)
The City shall clear or cause to be cleared all snow and ice from
the subject's sidewalk and shall charge the expenses of so doing
pursuant to a fee schedule established by the Street Director and
approved by the Common Council. The charges shall be set forth in
a statement to the 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 Clerk-Treasurer, who shall enter
the charges 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 or as provided under W.S.A. s. 66.615(3)(f).
C.
Deposit of snow on streets or sidewalks.
(1)
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, except snow removed
from sidewalk areas where there are no boulevards/terraces. Snow shall
not be piled at or near intersections so as to obstruct the view of
pedestrians or operators of motor vehicles.
(2)
No person shall remove or deposit any snow from building rooftops
into a public alley, except by specific permission of the Director
of the Street Department, and if such permission is granted the deposited
snow must be moved from the alley within a reasonable length of time
to be designated by the Director of the Street Department at the time
permission is granted.
D.
Penalty. As an alternative to the remedy provided in Subsection B 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 a forfeiture as provided in Chapter 1, General Provisions, § 1-20, General penalty, 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. Pursuant to § 1-23, a citation may be issued for violation of this section with the following penalties:
A.
Noxious weeds; paving. All that part of the boulevard
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.
[Amended 1-25-2000 by Ord. No. 00-3]
B.
Responsibility to maintain. Every owner of land in
the City whose land abuts a boulevard is required to maintain, or
have maintained by his tenant, the boulevard directly abutting such
land as provided in this section and elsewhere in this Code. Every
owner shall keep mailboxes located on a boulevard free and clear of
snow.
C.
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 234, Trees and Shrubs. In the event that 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 own expense.
No downspouts from any building shall terminate on or upon or in such position that the contents of such spouts shall be cast upon or flow back or over any public sidewalk in the City. When the eaves of any building extend over or are so constructed that water may fall therefrom or run back upon any public sidewalk, such eaves shall be so protected by proper spouts or otherwise that no water shall fall or drain therefrom or run back upon or over any public sidewalk. The owner or owners of any building and the officers of any association or corporation owning any building on which any spouts or the eaves thereof shall be maintained contrary to this section shall be subject to a penalty as provided in Chapter 1, General Provisions, § 1-20, General penalty.
