[Amended 11-7-1994]
Section 66.0907, Wis. Stats., shall apply in
the Village.
A.
New sidewalks shall be required on a case-by-case
basis wherein the Village Board determines that the amount of pedestrian
traffic and the risks to pedestrian safety justify the installation
of sidewalks.
[Amended 6-19-2006 by Ord. No. 06-28]
B.
Existing sidewalk(s) shall be required to be repaired
or removed and replaced for those existing sidewalks found to be in
disrepair by the Village.
C.
The Village Director of Public Works shall notify
the abutting property owner via first class mail to the last recorded
property owner address when the sidewalk is in disrepair. The sidewalk
shall be repaired or removed and replaced by the order of the Village
Administrator within 30 days, weather permitting.
[Amended 8-20-2018 by Ord. No. 18-39[1]]
[1]
Editor’s Note: This ordinance also amended the title
of this article, which was formerly Sidewalk Construction and Repair.
D.
The Village Board may, in its discretion, at any time,
order the construction of sidewalks where they presently do not exist,
or the reconstruction or repair of or replacement of public sidewalk(s)
at the expense of the abutting property owner, when it is determined
that the amount of pedestrian traffic and the risks to pedestrians
justify the installation or replacement of the sidewalk(s).
The cost of sidewalk installation, replacement
or repair shall be incurred by the developer, in the case of a new
subdivision or land division, or the abutting property owner, in the
case of existing sidewalk(s). Payments for sidewalk(s) shall be made
within 30 days of receipt of the Village's invoice. Nonpayment of
such an invoice shall cause the cost of said replacement or repair
to be placed upon the tax roll of the affected parcel with an additional
10% of the cost.
A.
Special assessments may be utilized to recover the
cost of sidewalk(s) removal, land restoration and construction. Upon
the execution of a waiver of notice for a special assessment, the
special assessment charge will be amortized over a five-year time
period at an interest rate equal to the interest rate being charged
by the Village at the time the waiver is executed.
B.
Written notice of the proposed construction, repair
or replacement of the public sidewalk(s) must be sent by first class
mail to the last recorded address of the abutting property owner.
C.
The abutting property owner shall be given the opportunity
to be heard before the Village Board on the necessity for the proposed
construction, repair or replacement of the sidewalk(s). The abutting
property owner shall be given the opportunity to appear, with or without
counsel, to examine all written reports, call witnesses and submit
written reports.
D.
The Village Board must approve the necessity for the
proposed construction, repair or replacement of public sidewalk(s)
by a Board resolution after giving the abutting property owner and
the public the opportunity to be heard and after reviewing the report
of the Village Administrator.
E.
The Village Board must approve, by resolution, the
amount of the special assessment to be imposed upon the benefited
property after the final determination of charges has been made. Appeal
from this final determination shall be pursuant to the procedures
outlined in the § 66.0703(12), Wis. Stats.
[Amended 4-18-2005 by Ord. No. 05-13; 12-21-2015 by Ord. No. 15-48]
A.
Removal from sidewalks. The owner, occupant or person in charge of
any parcel or lot which fronts upon or abuts any sidewalk shall keep
said sidewalk clear of all snow and ice. In the event of snow accumulating
on said sidewalk due to natural means and/or by any other means, said
sidewalks shall be cleared of all accumulated snow and/or ice within
24 hours from the time the snow ceases to accumulating on said sidewalk.
In the event that ice has formed on any sidewalk in such a manner
that it cannot be removed, the owner, occupant or person in charge
of the parcel or lot which fronts upon or adjoins said sidewalk shall
keep the sidewalk sprinkled with deicing material to permit safe travel
by pedestrians.
B.
Depositing snow on streets and public property. No person shall throw,
blow, pile or place, or cause or allow to be thrown, blown, piled
or placed, any snow or ice on any public street, public place or public
property, except on the terrace area located between the sidewalk
and the roadway. This subsection may be enforced against any person
or entity performing snow removal or the person or entity owning the
property from which the snow was removed or all of the aforesaid parties.
This subsection shall not apply to any employee of the Department
of Public Works, Fire Department or Police Department while acting
within the scope of Village employment.
C.
Village may effect compliance. Whenever any owner of any lot or parcel fails or neglects to remove snow and ice from any sidewalk as required by Subsection A above or if snow or ice is deposited on any sidewalk, street, alley, terrace, public place or street in the Village in violation of Subsection B above, the Director of Public Works, without notice, shall cause such snow and ice to be removed therefrom, and the person in charge of the premises from which the snow or ice was removed and so deposited shall be charged for the Village costs of such removal. If not paid within 30 days, such charge shall be placed on the tax roll, pursuant to § 66.0627, Wis. Stats. In addition to the aforesaid Village abatement costs, any person or entity who violates any provision of this § 305-11 may, after given written notice, be subject to all of the remaining terms and provisions of § 1-4, the penalty provisions of this Municipal Code.
[Amended 8-20-2018 by Ord. No. 19-39]
A.
No person,
party, firm or corporation shall construct, modify, destroy, remove
or repair any sidewalk in the public right-of-way without first obtaining
a license to do so from the Director of Public Works.
B.
There shall
be a fee for such license for the first year and an annual renewal
fee thereafter. The Village Board will, from time to time, by resolution,
establish the license fee. All fees shall be paid to the Village,
and all licenses shall expire on January 1 following the issuance
thereof, unless renewed.
C.
The Director
of Public Works, following notice and an opportunity to be heard,
may suspend or revoke any license or permit of any holder thereof
who violates this or any other relevant Village ordinance or state
law, rule, regulation or any order of the Director of Public Works.
[Amended 8-20-2018 by Ord. No. 19-39]
A.
Every person, party, firm or corporation engaged in
the business of constructing, modifying, destroying, removing or repairing
sidewalks or driveway approaches, prior to the issuance of a license,
shall provide a surety bond to the Village of Pleasant Prairie in
the sum of $10,000, which bond shall guarantee that all work is performed
in accordance with this article and other ordinances of the Village
of Pleasant Prairie and the regulations of Kenosha County and the
State of Wisconsin.[1]
[1]
Editor's Note: Original § 8.02(6)(b),
Owner's bond, which immediately followed this subsection, was deleted
4-18-2005 by Ord. No. 05-13.
B.
Every person, party, firm or corporation engaged in
the business of constructing, modifying, destroying, removing or repairing
sidewalks or driveway approaches shall indemnify the Village for any
damages to or obstructions of the public right-of-way, including the
storm sewer, sanitary sewer or water mains located in said right-of-way.
[Amended 8-20-2018 by Ord. No. 19-39]
A condition of the license shall be the furnishing
of a certificate of insurance containing a provision that the Director
of Public Works must be notified 20 days in advance of the effective
date of any termination or cancellation thereof, which certificate
shall indicate that there is in full force and effect a policy of
public liability insurance and motor vehicle liability insurance for
each motor vehicle used in conjunction with the licensed activity,
issued by an insurance company licensed to do business in the State
of Wisconsin, in the amount of $300,000 protecting against claims
involving death, personal injury or property damage.
[Amended 8-20-2018 by Ord. No. 19-39]
No person, party, firm or corporation may construct, modify,
destroy, remove or repair a particular sidewalk within the Village,
even though licensed to do so, without first receiving a sidewalk
permit. A sidewalk permit shall be issued by the Director of Public
Works to anyone having a license, bond and insurance as herein required
for a new sidewalk, sidewalk repair or mudjacking, parkway walk and/or
walk grade for building construction. The Village Board will, from
time to time, by resolution, establish the permit fees. Should any
sidewalk work be commenced prior to the issuance of a permit, the
fees shall increase to five times the amount of the fee established
by the Village Board by resolution.
[Amended 4-18-2005 by Ord. No. 05-13; 8-20-2018 by Ord. No. 19-39]
All sidewalks shall be designed, located, constructed,
installed, provided and completed in a workmanlike manner, to the
satisfaction of the Director of Public Works. Such sidewalks shall
be replaced and/or installed at the subdivider's, homeowner's or landowner's
cost and in accordance with the provisions of this article and all
other applicable ordinances of the Village. In the case of a new subdivision,
large lot subdivision or minor land division, the developer agreement
entered into by and between the divider and the Village shall specifically
have the sidewalk plans and specifications approved by the Village
Board.
A.
The size and location of required sidewalks for new subdivisions, large lot subdivisions or minor land divisions shall be in accordance with Chapter 405, Design Standards and Construction Specifications, of this Code and with applicable supplemental engineering and construction standards and specifications approved by the Village Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Replacement of existing sidewalks shall be made at
the same width and grade and thickness as exists at the match point
on either end of the replacement sidewalk.
C.
Variances in line and grade due to trees and other obstructions shall
be approved by the Director of Public Works.
[Added 8-20-2018 by Ord.
No. 19-39]
Sidewalk plans shall be submitted as a detail
of the public street plans for any new subdivision or land division.
The Village shall be contacted and shall inspect
and approve all sidewalks.
[Amended 8-20-2018 by Ord. No. 19-39]
Any person, partnership or organization aggrieved
by an administrative decision made by the Director of Public Works
or the Village Board may appeal such decision to the Village Zoning
Board of Appeals.
