[HISTORY: Adopted by the Village Board of the Village of Theresa 6-3-1996
as Title 6, Chs. 1 and 2 and Title 7, Ch. 7 of the 1996 Code. Amendments noted
where applicable.]
GENERAL REFERENCES
Bicycles and play vehicles — See Ch. 117.
Driveways and curb cuts — See Ch. 148.
Parades, races and public events — See Ch. 245.
Parks and recreation — See Ch. 249.
Sewers — See Ch. 280.
Snowmobiles — See Ch. 288.
Subdivision of land — See Ch. 308.
Vehicles and traffic — See Ch. 337.
Water — See Ch. 343.
A.
Establishment of grades.
(1)
Grades to be established. The grade of all streets, alleys,
sidewalks and adjacent property shall be established by the Village Board
and the same recorded by the Village Clerk-Treasurer in his office. No street,
alley, sidewalk or adjacent property shall be worked until the grade thereof
is established. In all cases where the grade of sidewalks shall not have been
specifically set by ordinance, the sidewalks shall be laid to the established
grade of the street. All such grades heretofore established are hereby confirmed.
(2)
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 and 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
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 Village Board shall,
upon application by the respective owners for a sidewalk grade, cause such
sidewalk grade to be established.
B.
Alteration of grade prohibited. No person shall alter
the grade of any street, alley, sidewalk or public ground or any part thereof
in the Village of Theresa by any means whatsoever unless authorized or instructed
to do so by the Village Board or Director of Public Works. All such alterations
of grade shall be recorded in the office of the Village Clerk-Treasurer.
C.
Regulation of underground utilities.
(1)
Elevation. The grade or elevation of all underground
construction shall be a minimum of three feet below the established grade
of the street, alley, park, public property or easement. The three feet shall
be measured between the top of the established grade and the top of the underground
construction.
(2)
Approval of location. The location of any and all such
underground construction must have the approval of the Director of Public
Works.
(3)
Filing plans. Complete plans for any such construction
must be filed with and be approved by the Director of Public Works before
construction can begin.
(4)
Inspection. On request of the Director of Public Works,
the utility company must provide opportunity for him to check any construction
before it may be covered.
(5)
Conflict with other utilities. If the grade or elevation
herein set for the underground construction of utilities shall, in any instance,
conflict with other existing utilities, the utility shall be required to lower
the elevation of its underground construction, or of the storm sewer, at the
election of the Director of Public Works and in accordance with his directions
and specifications.
(6)
Establishment of grade. At the request of the utility
company, the Director of Public Works shall give the utility company an established
grade on any streets, alleys, public parks or easements where it proposes
to install underground utilities.
(7)
Emergency. In case of an emergency, when immediate action
is necessary in order to protect life or property, the utility company may
proceed with underground construction subject to obtaining the approval of
such work by the Director of Public Works as soon thereafter as is reasonably
possible.
(8)
Restoration of surface. In the event of any such underground construction, the utility company shall leave the surface of the ground, or road, in the same condition as before said work was commenced, and in the event of its failure so to do, the Village may proceed to place the surface of the ground or street in such condition at the utility company's expense. Such work shall comply with the provisions of §§ 303-4 and 303-5.
(9)
No relief from obligations. Compliance with this section
does not relieve the utility company from any responsibility of any kind whatsoever
by reason of the widening of the travelway or any other improvements which
may become necessary, nor does it relieve it from any liability of any kind
or nature whatsoever. Compliance with this section shall not relieve the utility
company from the responsibility or obligation of removing, relocating or moving
any of its mains, pipes or property due to the opening, widening or improving
of streets or due to any other changes which may occur by reason of which
such moving, relocation or removing may be necessary.
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 Village
Board or its designee, the Village Board or its designee may cause the same
to be done and report the cost thereof to the Village Clerk-Treasurer, who
shall spread the cost on the tax roll as a special tax against the premises,
pursuant to § 66.0627, Wis. Stats., or such cost may be recovered
in an action against the owner or occupant.
A.
Board may order. The Village Board may determine that
sidewalks or curb and gutter may be constructed, laid, rebuilt or repaired
along or upon any public street, right-of-way or highway within the Village.
The Village Board may determine or change the width or grade of any street
or sidewalk.
B.
Apportionment of sidewalk and curb and gutter costs.
(1)
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 Village.
(2)
The Village shall pay 50% of the costs of street work
on Highland Avenue and Theresa Lane, with the abutting property owner paying
the remaining 50%, since these two projects were already budgeted for, and
on any future curb, gutter and sidewalk work done, the abutting property owner
will be responsible for 100% of the cost as a special assessment.
(3)
Whenever the Village Board by resolution determines that
a sidewalk be laid, rebuilt, repaired, lowered or raised along or upon any
public street, alley or highway within the Village, it shall proceed according
to § 66.0907, Wis. Stats.
C.
Permit required. No person shall hereafter lay, remove, replace or repair any public sidewalk within the Village of Theresa unless he is under contract with the Village to do such work or has obtained a permit therefor from the Village Clerk-Treasurer at least three days before work is proposed to be undertaken. The fee charged for such permits shall be as prescribed in Chapter 167, Fees.
D.
Standard specifications for sidewalk.
(1)
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 Village.
(2)
Grading. Prior to construction, ground on which sidewalks
are to be placed shall be brought to within three inches of subgrade by the
contractor.
(3)
Subgrade. Subgrade shall be three inches of sand, gravel
or crushed concrete fill. Soft 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.[1]
(4)
Concrete. The minimum quantity of cement per cubic yard
shall be six ninety-four-pound sacks. Concrete shall be mixed for at least
one minute. Gravel shall be of good quality and washed. Concrete shall test
3,500 psi in 28 days. Bituminous sidewalks are prohibited.[2]
(5)
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 1 1/2 inches in 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 or metal flats.[3]
(6)
Jointing. Transverse, full depth, one-half-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 one inch in thickness and
5/16 inch in depth, shall be placed at intervals of approximately five 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 Village Board. Sawing
of joints is prohibited.[4]
(7)
Slope. 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 one-fourth-inch radius edging
tool. Sidewalks shall be constructed within the limits of the street, and,
unless otherwise specifically indicated, there shall be a six-inch strip of
street property left between the property line and the edge of the sidewalk.
(8)
Width and thickness.
(a)
Residential walks shall be four 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.
(b)
Sidewalks in front of commercial or industrial establishments
shall be not less than five feet in width and five inches in thickness, except
within driveway approaches where the minimum thickness shall be seven inches.
(c)
The Village Board, by a three-fourths vote of the entire
Board, may waive the requirement that sidewalks in front of commercial or
industrial establishments shall not be less than five feet in width and five
inches in thickness when, in the opinion of the Village Board, a lesser footage
may be deemed more appropriate.
(9)
Finishing. The concrete shall be struck off true to grade,
finished smooth and given a broom finish. All edges shall be rounded. 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. No concrete shall be poured when the temperature
may be expected to fall below 35° F. in any seventy-two-hour period or
upon frozen subgrade. The Village Board may choose to waive the thirty-five-degree
or frozen subgrade regulation upon emergency replacement situation.[5]
(10)
Curing. As soon as any of the concrete work mentioned
under this section 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. C156-44 T, Method
of Test for Efficiency of Materials for Curing Concrete, shall be used. Said
specifications are adopted by reference as if fully set forth in this section.
(11)
Higher standards. Where deemed necessary by the Village,
higher sidewalk standards may be required by the Village Board.
E.
Repair or replacement of defective sidewalks.
(1)
The Village Board may determine that any sidewalk which
is unsafe, defective, or insufficient be repaired or removed and replaced
with a sidewalk in accordance with this section. The existence of any one
or more of the hereinafter enumerated characteristics shall determine whether
a sidewalk is defective or insufficient:
(a)
Three-fourths-inch or more vertical differential between
adjacent sharp-edged individual sidewalk blocks (crack in slab) and between
adjacent round-edged individual sidewalk blocks (joint).
(b)
One-and-one-fourth-inch horizontal distance between adjacent
individual sidewalk blocks.
(c)
Deterioration of the surface to a vertical depth of 1/2
inch or more within each individual sidewalk block.
(2)
If 80% of a property owner's sidewalk blocks are determined
to be defective or insufficient, the entire sidewalk shall be replaced.
F.
Illegal sidewalks. No sidewalk which shall be constructed
contrary to the provisions of this section shall be considered a legal sidewalk,
and the same may be ordered to be replaced with a legal sidewalk and with
one that is in conformity with this section the same as if no sidewalk whatever
had been built or constructed in the place where any such sidewalk is located.
A.
Permit required. No person, partnership or corporation,
or his or its 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 Village-owned easement within the Village
of Theresa without a permit therefor from the Director of Public Works or
Village Clerk-Treasurer.
B.
Application for permit. The application for a permit
shall be in writing and signed by the applicant or his agent. The applicant
shall submit to the Village 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 Village Clerk-Treasurer
or Director of Public Works shall determine if sufficient information is submitted.
C.
Exception. The provisions of this section shall not apply
to Village excavation work done under the direction of the Village Board or
Director of Public Works.
D.
Validity of permit. Permits shall be valid for a period of 30 days from the date of approval, except as provided for under § 303-5G for pavement replacement.
E.
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 Village Clerk-Treasurer or Director of Public Works and pay a renewal permit fee as prescribed by Chapter 167, Fees. Permit renewals shall be issued at the discretion of the Village Clerk-Treasurer or Director of Public Works.
F.
Village standards; fees.
G.
Insurance required. A permit shall be issued only upon
the condition that the applicant submit to the Village Clerk-Treasurer 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
$500,000 per one person, $500,000 for one accident and property damage coverage
of not less than $500,000.
H.
Bond.
(1)
Before a permit for excavating or opening any street
or public way may be issued, the applicant must sign a statement that he will
indemnify and save harmless the Village of Theresa and its officers from all
liability for accidents and damage caused by any of the work covered by his
permit and that he 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 may make as near as can be to the state and condition
in which he found it and keep and maintain the same in such condition, normal
wear and tear excepted, to the satisfaction of the Village Board for a period
of one year and that he will pay all fines or forfeitures imposed upon him
for any violation of any rule, regulation or ordinance governing street openings
or drainlaying adopted by the Village Board 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 Village. Such statement
shall also guarantee that, if the Village 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)
Faulty work or materials shall be immediately replaced
by the permittee upon notice by the Village. Failure to correct deficiencies
shall result in a one-year revocation of the right to obtain a street opening
permit. The Village shall repair the deficiencies and bill the permittee for
all labor, materials and equipment used plus 20% for administration.
(3)
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 Village in
an amount determined by the Village Board.
(4)
Whenever the Village Board 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
Village Board 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 Village for the cost of doing the work
as set forth in the notice.
(5)
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 Village Board as necessary to adequately protect the public and the
Village.
A.
Frozen ground. No openings in the streets, alleys, sidewalks
or public ways shall be permitted between November 15 and April 1 except where
it is determined by the Village Board or its designee to be an emergency excavation.
B.
Protection of public.
(1)
Every opening and excavation shall be enclosed with sufficient
barriers, signing, and such other traffic control devices as may be required
by the Village Board or its designee and in accordance with Section VI of
the Manual of Uniform Traffic Control Devices. Sufficient warning lights shall
be kept on from sunrise to sunset. 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.
(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 Village 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.
(3)
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.
(4)
The permittee shall perform the work in such a manner so as not to disrupt the flow of traffic in the area or endanger the safety of workmen or passersby. It shall be the responsibility of the permittee to prevent traffic backup during construction operation. The permittee shall notify the Director of Public Works 24 hours prior to commencement of excavation of the location and extent of the excavation, unless the excavation is an emergency excavation as identified in Subsection H.
(5)
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 G.
C.
Pavement removal.
(1)
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.
(2)
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 shall,
on the basis of an on-site inspection, approximate the boundaries of the pavement
replacement area.
(3)
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.
(4)
The Director of Public Works 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.
D.
Excavation.
(1)
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.
(2)
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.
E.
Backfilling.
(1)
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, is unsuitable.
(2)
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, hauled
in.
(3)
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.
(4)
Mechanical compaction shall be used on all materials
used for trench backfill. Each layer (twelve-inch maximum) shall be uniformly
compacted to a dry density of at least 95% of the maximum dry density as determined
by the Modified Proctor Test (ASTM 1557). Compaction or consolidation by flooding
shall not be permitted.
(5)
All excavations shall be subject to testing by the Village.
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.
(6)
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.
F.
Notice. It shall be the duty of the permittee to notify
the Village Clerk-Treasurer or 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 Village Clerk-Treasurer
or Director of Public Works shall also be notified at least four hours prior
to backfilling and/or restoring the surface.
G.
Pavement replacement.
(1)
Backfill material shall be left below the original surface
to allow for four inches of three-inch crushed stone and four inches of three-fourths-inch
crushed stone, plus the thickness of the required pavement structure. If paving
will not occur as part of the initial street restoration operation, the balance
of the opening to the original surface elevation shall be backfilled with
compacted three-fourths-inch crushed stone.
(2)
Bituminous pavement shall be placed the full depth of
the existing pavement or 2 1/2 inches, whichever is greater. Bituminous
pavement shall be placed in a maximum of a one-and-one-half-inch base layer
and a one-inch top layer, 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.
(3)
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 spelling 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 Village officials.
(4)
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 three inches
of cold mix bituminous material or other material deemed appropriate by the
Director of Public Works. 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.
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 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 the Village office immediately.
I.
Excavation in new streets limited. Whenever the Village
Board 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 Village Board, the Village Clerk-Treasurer 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 Village Board or its designee, 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.
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 Subsections B and C.
B.
Exceptions. The prohibition of Subsection A shall not apply to the following:
(1)
Temporary encroachments or obstructions authorized by permit under § 303-7 of this chapter pursuant to § 66.0425, Wis. Stats.
(2)
Building materials for the period authorized by the Building
Inspector 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.
C.
Standards. Property owners may place certain fixtures
on sidewalks which immediately adjoin their property if the following requirements
are met:
(1)
The property must be located in an area used for commercial
uses.
(2)
The fixture(s) shall not be physically attached to the
sidewalk, any street fixture or any adjacent building and shall be of a temporary
design.
(3)
The placement of the fixture shall not significantly
impede the flow of pedestrian traffic on the sidewalk. In no event shall the
fixture reduce the unobstructed sidewalk width to less than three feet at
any point.
D.
Removal by Village for sidewalk obstructions and encroachments.
In addition to any other penalty imposed, if any Village 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.
E.
Removal by Village of obstructions and encroachments
located in the Village streets, alleys, public grounds or lands dedicated
for public use. In addition to any other penalty imposed, if any Village enforcement
official determines that a Village 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.
F.
Failure to remove obstruction.
(1)
If the owner or occupant fails to remove the obstruction within the time period established in Subsection D or E, respectively, any Village enforcement official 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 Village Clerk-Treasurer shall enter those charges onto the tax roll as a special tax as provided by the state statutes.
(2)
The failure of the Village 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 Village expense on the tax
rolls for unpaid bills for abating the obstruction as provided for in this
section.
A.
When required. Permits for the use of the streets, alleys,
sidewalks or other public ways or places of the Village may be granted to
applicants by the Building Inspector or 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.[1] The Building Inspector shall request advisory recommendations
from the Director of Public Works and Chief of Police prior to issuance of
the permit. Village officials may attach conditions to the permit, including
proof of liability insurance.
[Amended 8-1-2005 by Ord. No. 1-10]
B.
Bond. No street privilege permit shall be issued until
the applicant shall execute and file with the Village Clerk-Treasurer a bond
in an amount determined by the Director of Public Works not exceeding $10,000,
conditioned that the applicant will indemnify and save harmless the Village
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 Village resulting from such building or moving operations.
Upon request, the Village Board may waive this requirement.
C.
Fee. The fee for a street privilege permit shall be as prescribed in Chapter 167, Fees, plus any actual Village costs.
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 Village
Board, Director of Public Works, Chief of Police, or Building Inspector 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 Village
Board, shall continue 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 Village Board.
(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 discretion of the Building Inspector.
[Amended 8-1-2005 by Ord. No. 1-10]
F.
Removal by Village. In addition to any other penalty
imposed, if the owner or occupant of the premises adjoining any lawfully obstructed
sidewalk shall remove or neglect to remove such obstruction within 24 hours
after such notice from the Village Board to do so, it shall be the duty of
the Village Board to remove such obstruction and make return of the costs
and expenses thereof to the Village 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.
A.
Duty of owner or occupant. The owner, occupant, or person
in charge of every building, lot or part of a lot within the Village fronting
upon a public sidewalk shall remove all snow and ice from said sidewalk within
24 hours from the time the snow ceases to fall. Corner lot property owners
and property owners adjacent to a public crosswalk shall be responsible for
the removal of snow and ice at all public sidewalks serving such areas. 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.
B.
Removal by Village. If the owner or occupant of any lot abutting a sidewalk refuses and neglects to remove snow or ice from such sidewalk, the Village may clear the snow and ice on the sidewalk and return the costs and expenses thereof, as prescribed in Chapter 167, Fees, to the Village Clerk-Treasurer who shall enter such costs on the next annual tax roll as a special charge against the property abutting such sidewalk, and such sum shall be levied and collected as other special taxes against real estate. The Village must wait a minimum of 24 hours from the time the snow ceases to fall before it shall undertake the removal of snow or ice from any property, except that for an unoccupied lot or abandoned property no written notice need be given.
[Amended 9-11-2006]
B.
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 Village Board or its designee. Basketball backstops, statuary,
structures, flagpoles and other objects shall not be placed in the terrace
area.
C.
Responsibility to maintain. Every owner of land in the
Village 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. Every owner shall keep mailboxes located
on a terrace free and clear of snow.
All vaults and cisterns under sidewalks shall be prohibited.
Requests or petitions by Village property owners for new streets, street
resurfacing, curb and gutter, storm sewers, utility work and sidewalks shall
be presented to the Village Board on or before September 15 to be considered
for installation in the following year.
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, or alley or upon any public property or upon any
property of another, without the express permission of the owner or occupant
thereof.
No person shall in any manner obstruct or cause to be obstructed the
free passage of water in any public gutter, ditch, culvert, swale or drain
or place or cause to be placed any rubbish, dirt, sand, gravel or any other
matter or thing so that the same is likely to be carried by the elements into
any public gutter, ditch, culvert, swale or drain.
A.
Buildings to have street numbers. Each principal building
in the Village shall be assigned an official street number by the Village
Clerk-Treasurer. All lots and parts of lots in the Village shall be numbered
in accordance with a street numbering map on file in the office of the Village
Clerk-Treasurer. Plats shall be numbered to conform as nearly as possible
to the general scheme of numbering as outlined on the map.
B.
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. The physical numbers provided herein shall be not less than 2 1/2 inches high on a background of not less than three inches. Numbers must be in a contrasting color and no script-type font shall be used. Numbers must be located by the front entrance (main entrance facing the street). Each required number shall be affixed on the particular building in such a location that it may be easily and readily seen by a person of ordinary eyesight on the public street or highway upon which the building abuts. For buildings abutting also on a public alley, the street number shall also be affixed in such location that it may be seen in like manner from such alley.[1]
C.
Noncompliance. If the owner or occupant of any building neglects for 20 days to duly attach and maintain the proper numbers on the building, the Village shall serve him a notice requiring him to properly number the same, and if he neglects to do so for 10 days after service, he may be subject to a forfeiture as provided in Chapter 1, § 1-5 of this Code.
A.
Purpose. The streets in possession of the Village are
primarily for the use of the public in the ordinary way. However, under proper
circumstances, the Village Clerk-Treasurer may grant a permit for street use,
subject to reasonable municipal regulation and control. Therefore, this section
is enacted to regulate and control the use of streets pursuant to a street
use permit to the end that the health, safety and general welfare of the public
and the good order of the Village can be protected and maintained.
B.
Application. A written application for a street use permit by persons or groups desiring the same shall be made on a form provided by the Village Clerk-Treasurer and shall be filed with the Village Clerk-Treasurer. There shall be a permit fee as prescribed by Chapter 167, Fees. Parades, races and other events operating under a permit issued pursuant to Chapter 245 of the Village Code are not required to obtain a street use permit. The application shall set forth the following information regarding the proposed street use: [1]
(1)
The name, address and telephone number of the applicant
or applicants.
(2)
If the proposed street use is to be conducted for, on
behalf of, or by an organization, the name, address and telephone number of
the headquarters of the organization and of the authorizing responsible heads
of such organization.
(3)
The name, address and telephone number of the person
or persons who will be responsible for conducting the proposed use of the
street.
(4)
The date and duration of time for which the requested
use of the street is proposed to occur.
(5)
An accurate description of that portion of the street
proposed to be used.
(6)
The approximate number of persons for whom use of the
proposed street area is requested.
(7)
The proposed use, described in detail, for which the
street use permit is requested.
C.
Representative at meeting. The person or representative
of the group making application for a street use permit shall be present when
the Village Board gives consideration to the granting of said street use permit
to provide any additional information which is reasonably necessary to make
a fair determination as to whether a permit should be granted.
D.
Denial of street use permit. An application for a street
use permit may be denied if:
(1)
The proposed street use is primarily for private or commercial
gain.
(2)
The proposed street use would violate any federal or
state law or any ordinance of the Village.
(3)
The proposed street use will substantially hinder the
movement of police, fire or emergency vehicles, constituting a risk to persons
or property.
(4)
The application for a street use permit does not contain
the information required above.
(5)
The application requests a period for the use of the
street in excess of three days.
(6)
The proposed use could equally be held in a public park
or other location. In addition to the requirement that the application for
a street use permit shall be denied, as hereinabove set forth, the Village
Board may deny a permit for any other reason or reasons if it concludes that
the health, safety and general welfare of the public cannot adequately be
protected and maintained if the permit is granted.
E.
Permit fee. Each application for a street use permit shall be accompanied by a fee as prescribed by Chapter 167, Fees.
F.
Consent to issuance of street use permit. In addition to the fee required by Subsection E, each application for a street use permit shall be accompanied by a petition designating the proposed area of the street to be used and time for said proposed use, said petition to be signed by not less than 75% of the residents over 18 years of age residing along that portion of the street designated for the proposed use. Said petition shall be verified and shall be submitted in the form prescribed by the Village Clerk-Treasurer.[2]
G.
Insurance. The applicant for a street use permit may
be required to indemnify, defend and hold the Village and its employees and
agents harmless against all claims, liability, loss, damage or expense incurred
by the Village on account of any injury to or death of any person or any damage
to property caused by or resulting from the activities for which the permit
is granted. As evidence of the applicant's ability to perform the conditions
of the permit, the applicant may be required to furnish a certificate of comprehensive
general liability insurance with the Village of Theresa. The applicant may
be required to furnish a performance bond prior to being granted the permit.
H.
Termination of a street use permit. A street use permit
for an event in progress may be terminated by the Village President or a law
enforcement officer if the health, safety and welfare of the public appear
to be endangered by activities generated as a result of the event or the event
is in violation of any of the conditions of the permit or ordinances of the
Village of Theresa. The Village President or a law enforcement officer has
the authority to revoke a permit or terminate an event in progress if the
event organizers fail to comply with any of the regulations in the street
use policy or conditions stated in the permit.
