[Adopted 6-28-1988 as Title 4, Ch. 2 of the 1988 Code]
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 the committee
thereof, the Board 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.
Owner to construct.
(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. The Village will pay
100% for replacement of existing sidewalks and new sidewalks within
the current Village limits, and in developments the sidewalk will
be installed by the developer. Any owner of property fronting on any
street for which a grade has been established may construct a sidewalk
in front of such property, provided that such sidewalk is built in
conformity with the provisions of this section.[1]
(2)
Whenever the Village Board 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 Village, it
shall proceed according to § 66.0907, Wis. Stats.
(3)
Sidewalks shall be located in such places as designated
by the Village Board. No person shall remove any sidewalk without
the permission of the Village Board.
B.
Permit required. No person shall hereafter lay, remove,
replace or repair any public sidewalk within the Village unless he
is under contract with the Village to do such work or has obtained
a permit therefor from the Clerk-Treasurer at least three days before
removal or repair work or 20 days before installation or repair work
is proposed to be undertaken. No fee shall be charged for such permits.
C.
Specifications. Sidewalks shall be constructed in
accordance with the specifications for standard sidewalks adopted
by the Village Board and on file with the Clerk-Treasurer, unless
such ordinance or resolution establishes different standards therefor.
D.
Sidewalk repair or replacement. Pursuant to § 66.0907,
Wis. Stats., the Village Board 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 within 30 days after service of the notice provided
in § 66.0907(3)(c), Wis. Stats., the Village Board shall
repair or construct such sidewalk and the Village Clerk-Treasurer
shall enter the total cost thereof upon the tax roll as a special
tax against said lot or parcel of land. If a life-threatening situation
exists which is caused by a sidewalk in need of repair, the Village
Board shall direct the property owner to make repairs within 20 days.
If the property owner shall fail to repair such sidewalk within the
required period, the Village Board shall make the necessary repairs
and the Village Clerk-Treasurer shall enter the total cost thereof
on the tax roll as a special tax against said parcel.
E.
Unsafe sidewalks. The Village Board 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.
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 without a permit therefor from the Clerk-Treasurer.
B.
Standards; fee.
(1)
Municipal standards. All street work shall be performed
in accordance with the current standard specifications for street
openings. Any damaged curb and gutter, sidewalk or grass-covered area
shall be restored to the condition prior to damage.
C.
Insurance required. A permit shall be issued only
upon condition that the applicant submit to the 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 and $500,000 for one accident
and property damage coverage of not less than $200,000. The policy
shall name the Village as the third party insured.
D.
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 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 two years,
and that he will pay all fines 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 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 Village in the amount of $10,000.
(4)
Whenever the Village Board or the committee thereof
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 surety stating the defect, the work to be
done, the cost thereof and the period of time deemed by the Village
Board or the committee thereof 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 when the ground is frozen
except where it is deemed necessary by the 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 in accordance with Section VI of the Manual of
Uniform Traffic Control Devices. Sufficient warning lights shall be
kept on from sunset to sunrise. No open flame warning pots shall be
used. Except by special permission from the Village Board, trench
shall not be excavated more than 250 feet in advance of pipe or conduit
laying nor 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 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.
D.
Refilling of opening. 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 survey 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 or tamped, or with
the permission of the Director of Public Works 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
edges of the street pavement shall be sawcut or otherwise removed
to a neat edge along straight lines at a minimum of six inches from
the furthest limits of the excavation. At no time shall the street
pavement be permitted to overhang the excavation. The Village may
elect to have the opening for any street or sidewalk repaired by the
Village, in which case the cost of making such repair and of maintaining
it for two years shall be charged to the person making the street
opening.
E.
Replacement of street surfaces.
(1)
Bituminous pavement street.
(a)
Permanent repair service. The permanent pavement
repair for bituminous paved streets shall be comprised of the greater
of: three inches, or the thickness equivalent to the existing pavement,
of bituminous hot mix pavement meeting Village specifications. The
pavement shall be installed on the required thickness of compacted
road gravel.
(b)
Temporary repair surface.
[1]
During the period from November 15 to May 1,
or during any other period when bituminous hot mix pavement is typically
not available, a temporary pavement repair of cold mix bituminous
pavement material may be placed by the permittee if the size of the
temporary pavement repair does not exceed 50 square feet. If the size
of the temporary pavement repair exceeds 50 square feet, a temporary
repair of concrete pavement shall be placed by the permittee. The
temporary pavement repair shall be three inches thick, or thicker
as necessary to support traffic, six bag mix, heated as necessary,
placed on the required base of road gravel, and permitted to cure
undisturbed until sufficient strength has been reached to permit traffic
to utilize the repair. The Director of Public Works may require the
use of high early strength concrete where necessary due to traffic
or other conditions.
[2]
The temporary repair surface shall be maintained
by the permittee until such time as the permanent hot mix bituminous
pavement patch is ordered by the Director of Public Works to be installed.
(2)
Concrete pavement street. On concrete pavement streets,
a permanent pavement repair shall be installed by the permittee at
all times of the year. The permanent pavement repair shall be of the
same thickness and reinforcement as the pavement removed, six bag
mix, heated as necessary, placed on the requirement base of road gravel,
and permitted to cure undisturbed until sufficient strength has been
reached to permit traffic to utilize the repair. The concrete pavement
shall be dowelled or keyed, or otherwise tied, to the adjacent concrete
pavements. The Director of Public Works may require the use of high
early conditions.
F.
Notice. It shall be the duty of the permittee to notify
the Village 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 Village shall also be notified at least four hours
prior to backfilling and/or restoring the surface.
G.
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.
H.
Backfilling. It shall be the duty of the permittee
to backfill the opening immediately upon completion of the work and
to place at least nine inches of road gravel below the bottom of the
street pavement, plus temporary road gravel to the street surface
if the opening cannot immediately be repaved, unless otherwise approved
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-month
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 Village
may restore the surface and bill the permittee therefor.
I.
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 or its 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, shall notify the Police Department immediately and shall not
make any permanent repairs without first obtaining an excavation permit.
J.
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 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 Director of Public Works 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.
K.
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 Clerk-Treasurer, 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 Director
of Public Works shall determine if sufficient information is submitted.
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)
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 eight feet above the sidewalk, street or
alley.
(3)
Public utility encroachments duly authorized by state
law or by the Village Board.
(4)
Goods, wares, merchandise or fixtures being loaded
or unloaded which do not obstruct the width of a sidewalk by more
than two feet on a sidewalk, provided that such goods, wares, etc.,
do not remain thereon for more than three hours.
(6)
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 flow in the gutters.
C.
Issuance of permit.
(1)
The Clerk-Treasurer is authorized to issue a permit
which allows property owners to place certain fixtures on sidewalks
which immediately adjoin their property. In determining if a permit
shall be authorized all of the following requirements must be met:
(a)
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.
(b)
The placement of the fixture shall not impede
the flow of pedestrian traffic on the sidewalk. In no event shall
the fixture reduce the unobstructed sidewalk width to less than five
feet at any point.
(c)
The property owner shall provide the Village
with proof of liability insurance coverage. The insurance coverage
shall be in amount of not less than $100,000 per occurrence and the
policy shall specifically state that it includes coverage for the
fixtures located on the Village sidewalks. In addition, the Village
shall be identified as a third party insured.
(d)
The fixture(s) shall not be for sale nor shall
the fixture(s) be used for the sale of merchandise. Specifically excluded
are all forms of vending machines, vendors' carts or tables, etc.
(e)
The property owner whose property adjoins the
Village sidewalk shall file the permit application or authorize the
occupant of the subject property to file the permit application.
(f)
The property owner or the occupant of the subject
property shall display the approved permit in the window of the building
so that it can be seen from the sidewalk.
(2)
Upon reviewing the permit application, if it is determined
by the Clerk-Treasurer that all of the above requirements have been
met he shall issue the permit. Said permit may be revoked by the Clerk-Treasurer
or a Village police officer at any time when one or more of the above
requirements are not complied with or if he determines that the placement
of the fixture(s) endangers the safety of the pedestrians who utilize
the sidewalks.
D.
Sidewalk cafes.
[Added 5-13-2008 by Ord. No. 2008-12[2]]
(1)
Use; permit.
(a)
Tables, chairs, benches and appurtenant equipment
located on a public sidewalk shall be for the exclusive use by patrons
of an abutting food establishment or where the service of food or
beverages is offered to persons using such tables, chairs and benches
or a retail establishment that is using the tables, chairs, benches
and appurtenant equipment for the purpose of making a profit.
(b)
Sidewalk cafes or retail areas may be located
on a public sidewalk, subject to a permit or license issued by the
Village. No owner shall establish or maintain a sidewalk cafe or retail
area without a permit granted under this subsection.
(c)
Applications for a sidewalk cafe permit shall
be made on forms supplied by the Village and shall include a plan
drawn to scale which illustrates the exact location of the proposed
sidewalk cafe or retail area and all items to be placed on the public
sidewalk and distances from all items placed on the sidewalk to all
permanent obstructions in the vicinity as well as the distance to
the curb. The appropriate fee, as set by resolution by the Village
Board, shall accompany the application. The placement of the sidewalk
cafe or retail area shall not impede the flow of pedestrian traffic
on the sidewalk. In no event shall the sidewalk cafe or retail area
reduce the unobstructed sidewalk width to less than five feet at any
point.
(2)
No permit shall be issued or renewed for a sidewalk
cafe or retail area unless the following requirements are met:
(a)
The applicant must possess a valid food establishment
license or a valid retail license through the State of Wisconsin.
(b)
The applicant must furnish to the Village evidence
that insurance has been procured in amounts not less than $1,000,000
per occurrence for commercial general liability coverage. The applicant
shall maintain such insurance in effect at all times during the term
of the sidewalk cafe or retail area permit or license. The Village
shall be named as an additional insured in the policy providing such
insurance.
(c)
The applicant shall indemnify and hold the Village
and the Village’s officials and employees harmless from any
loss, cost, damage and expenses arising out of the use, design, operation
or maintenance of the sidewalk cafe or retail area.
(d)
The area occupied by the sidewalk cafe or retail
area shall be directly adjacent to the building wall and shall be
operated as part of the food establishment or retail business operated
by the applicant. No part of the sidewalk cafe or retail area shall
adjoin any premises other than the applicant’s food or retail
establishment.
(e)
The Village shall find that the sidewalk cafe
or retail area will not unduly restrict the safe usage of the sidewalk
by the public after taking into consideration the location of obstructions,
vehicular traffic and other impediments to the passage of pedestrians.
A minimum of five feet of clear travel space shall be maintained on
the public sidewalk adjacent to the sidewalk cafe or retail area.
The Village shall grant a permit only upon finding that the operation
of the sidewalk cafe or retail area complies with all provisions of
this subsection.
(f)
No expansion of the area occupied by the sidewalk
cafe or retail area from that shown on the permit or license application
or accompanying detailed plan shall be made unless such expansion
is made as an amendment to the sidewalk cafe or retail area permit.
(g)
The use of awnings over the sidewalk cafe or
retail area and removable table umbrellas may be permitted, provided
they do not interfere with pedestrian traffic. No portion of an awning
shall be less than eight feet above the sidewalk, and no portion of
an umbrella shall be less than seven feet above the sidewalk.
(h)
No tables, chairs, furnishings, planters, railings
or other obstructions associated with the sidewalk cafe or retail
area shall be placed or remain on the sidewalk between November 1
and April 1.
(i)
The applicant shall maintain the sidewalk cafe
or retail area in a clean and sanitary condition.
(j)
The applicant shall promptly replace or repair
any damage to the sidewalk or other public property caused by the
applicant’s use of the sidewalk as a sidewalk cafe or retail
area.
(k)
An appropriate refuse receptacle, with cover,
shall be readily available to the patrons of the sidewalk cafe. Such
receptacle shall be provided by the owner of the business licensed
as a sidewalk cafe or retail area.
(l)
Sidewalk cafes shall be prohibited from playing
amplified music, whether live or recorded. No speakers, microphones,
televisions or other audio or video devices shall be permitted at
a sidewalk cafe or retail area.
(3)
Permits issued pursuant to this subsection shall be
an annual permit and shall expire on June 30 of each calendar year.
[2]
Editor's Note: This ordinance also repealed
former Subsection D, regarding removal of obstructions and encroachments
by the Village.
E.
Removal by Village for obstruction and encroachments
located in the Village streets, alleys, public grounds, or lands dedicated
for public use. In addition to any other penalty imposed, if the Clerk-Treasurer
or police officer 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 adjoins 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, the Director of Public Works 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 Clerk-Treasurer, upon the recommendation
of the Chief of Police and Building Inspector, for the purpose 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]
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 operations.[3]
C.
Fee. The fee for a street privilege permit shall be
in the sum as set by the Village Board, 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,
or removal of buildings or structures and shall be given upon the
following terms and conditions and subject to revocation without notice
by the Director of Public Works or a Village law enforcement officer
for violation thereof:[4]
(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)
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.
(5)
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 by the Clerk-Treasurer.
F.
Removal by Village. 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 Director of Public Works
or Village law enforcement officer to do so, it shall be the duty
of the Director of Public Works or Village law enforcement officer
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.
Removal from sidewalks. The owner, occupant, or person
in charge of any parcel or lot which fronts upon or adjoins 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 48 hours from the time the snow ceases to accumulate
on said sidewalk. Sidewalks are to be kept clear of snow and ice to
a minimum of four feet in width. 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 sand
and/or salt to permit safe travel by pedestrians.
B.
Notice and removal of snow from sidewalks. If the owner, occupant, or person in charge of any parcel or lot which fronts upon or adjoins any sidewalk shall fail to keep said sidewalk clear of snow and ice as set forth in Subsection A, the Village shall take the following action:
(1)
Hazardous conditions. If the Village officials determine
that the failure to remove the snow and ice from the sidewalk creates
an immediate danger to the public health and/or safety, any authorized
Village official shall cause the issuance of a written notice to the
owner, occupant, or person in charge of any parcel or lot directing
that the snow and ice be removed within eight hours from the delivery
of the notice. In the event the property owner, occupant or person
in charge of said parcel or lot is unavailable to receive a written
notice, the notice shall be attached to the front door.
[Amended 1-28-2020 by Ord. No. 2020-1]
(2)
Snow and ice not to encroach. No person shall push,
shove or in any way deposit any snow or ice onto any public street,
alley, sidewalk or public lands dedicated to public use, except for
parcels or lots located where existing buildings are constructed within
five feet of the street right-of-way and the sidewalks exist from
the Village right-of-way to the curbline. In such instances, the owners,
occupants and/or employees of parcels or lots located in such excepted
areas shall be permitted to deposit snow and ice from their sidewalks
onto the public streets.
C.
Enforcement. The Director of Public Works, his authorized
designees, and all sworn police officers are hereby authorized and
directed to enforce the provisions of this section.
D.
Continued violations. Each twenty-four-hour period
where a violation occurs shall constitute a separate offense under
this section for enforcement purposes. Repeated violations or subsequent
additional accumulations of snow and/or ice shall not nullify any
pending notice issued under this section.
E.
Abatement after notice. Failure of the owner, occupant, or person in charge of any parcel or lot to cause the removal of snow and/or ice within the time established under Subsection B(1) and (2) after receiving a written notice shall result in the Village causing the removal of said snow and/or ice.
F.
Expense. An account of the expenses incurred by the
Village to abate the snow and/or ice hazard shall be kept and such
expenses shall be charged to and paid by the parcel or lot owner.
Notice of the bill for the removal of snow and/or ice shall be mailed
to the last known address of the owner of the parcel or lot and shall
be payable within 10 calendar days from the receipt thereof. Within
90 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 § 66.0907(5), Wis.
Stats.
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 or ground cover area pursuant to § 370-7C(4), except in areas specifically approved by the Village Board or its designee.
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.
No downspouts from any building shall terminate on or upon, or in such position that the contents of such spout are cast upon or flow back or over, any public sidewalk in the Village. 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 so 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, § 1-3 of this Codes.
A.
Street sales prohibited except by permit. No person
shall display, sell, or offer to sell, on any street, sidewalk, alley
or other public place within the Village, any goods, wares, foodstuffs
or anything of value or service of any kind by putting up a booth
or stopping a vehicle or person on foot or in any other manner attempting
to publicly sell or offer for sale any such articles, unless such
person shall have first applied for and obtained a special event vending
permit from the Village Clerk-Treasurer. Such permit shall enable
holders to conduct their business in all enumerated areas subject
to the limitations of this section. A special event vending permit
shall be obtained where the vending is done by a participant in a
special event and where such vending is an integral part of the event.
However, where the vending is to occur in connection with a Village
or area-wide promotion of community trade or festival sponsored or
coordinated by an organization, the sponsoring organization shall
obtain the special event vending permit as agent for its participating
members.
B.
Procedure.
(1)
Application for a special event vending permit shall
be filed with the Village Clerk-Treasurer and shall contain such information
as the Clerk-Treasurer and Village President may require. Licenses
shall be signed by the Village Clerk-Treasurer and shall be conspicuously
displayed at the place where such sales are being made. The permit
shall set forth the exact days on which and the exact location where
such business shall be carried on and shall be valid only during the
dates and at the locations specified. Where a sponsoring organization
is the applicant, the applicant shall provide the Village Clerk-Treasurer
with a complete list of sponsors and participants at the time of making
application.
(2)
Upon receipt of an application for a permit, the Village
President shall review the information given on the application for
conformity with the provisions of this section. If all the applicable
requirements are clearly and unambiguously met in the Village President's
opinion, he shall make a recommendation on the application to the
Village Board. If the applicable requirements are not clearly and
unambiguously met in the President's opinion, he shall state the matters
in doubt in writing to the applicant within three days of the time
of making application.
(3)
The Village Board shall review the application and
the Village President's recommendation and either deny the permit,
approve the permit or approve the permit conditionally.
C.
Conditions of license. In addition to any other conditions
imposed by the Village Board, all permittees shall fully comply with
the following requirements:
(1)
Liability insurance. To hold a valid permit, the vendor
must have in force adequate liability insurance. Adequate liability
insurance is liability insurance holding the Village and its employees
and agents harmless and to indemnify and defend the Village, its employees
and agents against all claims, liability, loss, damage, or expense
incurred by the Village with adequate liability policy limits on account
of any damage caused by or resulting from the activities for which
the permit is granted. As evidence of the applicant's ability to perform
this condition of the permit, the applicant shall furnish a certificate
of insurance evidencing the existence of comprehensive general liability
insurance (including contractual liability insurance with the Village
being named as an additional insured). "Adequate liability limits"
means minimum limits of $100,000 per occurrence for bodily injury
and minimum limits of $50,000 per occurrence for property damage.
The certificate of insurance shall provide 30 days' written notice
to the Village upon cancellation or nonrenewal or material change
in the policy. Proof of insurance shall be submitted to the Village
Clerk-Treasurer a minimum of seven days before the start of the event.
(2)
Cooperation with law enforcement officials. To protect
the public health and safety, the permittee shall coordinate with
the Chief of Police the location of all events under the permit. Street
and sidewalk encroachments, booth locations and special parking provisions
shall be submitted to the Chief of Police for his review and approval
a minimum of seven days before the start of the event.
(3)
Cleanup. The permittee shall be fully responsible
for all necessary cleanup associated with the licensed event.
(4)
Compliance with other regulations. The permittee shall
comply with all applicable state and county regulations governing
health and sanitation for food-handling establishments, if applicable,
and any other applicable Village regulations, including but not limited
to regulations pertaining to the issuance of special Class "B" fermented
malt beverage licenses.[1]
Requests or petitions by Village property owners
for new streets, curb and gutter, and sidewalks shall be presented
to the Village Board on or before August 1 to be considered for installation
in the following year.
In the interests of public safety, health and
general welfare, community appearance and efficiency of operation,
it shall be unlawful to rake or place fallen tree leaves or grass
clippings onto the pavement or into the gutter of any public street.
A.
Special assessments and charges. The Village may,
at any time, construct or have constructed curb and gutter in the
Village. As a complete alternative to any other methods provided by
law, the Village may collect for said curb and gutter in the manner
and by the procedure provided by § 66.0703 and/or 66.0701,
Wis. Stats.
B.
Alternative methods.
(1)
Petition. Any taxpayer and property owner in the Village
may petition the Village for the installation or repair of curb and
gutter abutting property owned by said petitioner in said Village.
(a)
Requirements of petition. The petition for the
installation of curb and gutter shall state that the petitioner(s)
requests curb and gutter abutting property owned by said petitioner,
describing said property and stating what type is requested, and further
said petition shall state that each petitioner individually shall
be responsible and liable for and thereby obligates himself to pay
the total costs of installation of said curb and gutter, to include
surveying and other contingent expenses.
(b)
Effect of petition. In the event a petition
for the installation of curb and gutter is presented to the Village
Board, the Board shall have the exclusive discretion to accept or
reject the same. The Board may refer said petition or may table it,
but in any event it shall act upon the same in some manner within
six months of receipt of said petition. The Village shall pay 1/2
the cost of such construction, installation or repair.
(2)
Resolution of intent. Whenever the Village Board shall
by resolution determine that curb or gutter shall be laid, rebuilt,
repaired, lowered or raised along or upon any public street, alley
or highway within the Village, it shall proceed according to § 66.0703
of the Wisconsin Statutes. The costs of said curb and gutter shall
be paid 1/2 by the Village and 1/2 by the property owner, except that
when the Village Board determines that entire blocks or streets or
other sections of curb and gutter need to be upgraded or replaced
for reasons other than repair due to damage or abuse, and the Village
Board initiates the replacement of said curb and gutter, such cost
will be paid entirely by the Village. The Village Board shall keep
an accurate account of the expenses of laying, removing and repairing
curb and gutter in front of each lot or parcel of land and shall report
the same to the Clerk-Treasurer. The Clerk-Treasurer shall bill out
the costs of any owner to said owner. If the same is not paid, the
amount charged to each lot or parcel of land shall be by the Clerk-Treasurer
entered in the tax roll as a special tax against said lot or parcel
of land and shall be collected in all respects like other taxes upon
real estate.
[Amended 7-26-1994 by Ord. No. 1994-4]
C.
Types of curb and gutter. All curbs and gutters shall
conform to the construction standards adopted by the Village Board,
on file with the Clerk-Treasurer.
D.
Liability for repair thereof. Whenever curb and gutter
is installed all property owners receiving the benefits thereof shall
be responsible and liable for all replacements, repairs, damage and
maintenance and during any period of construction on the property
against which it abuts. Any expense for additional width of road made
necessary by blacktop curb and gutter shall be the responsibility
of and shall be paid for by the abutting property owner.
E.
Costs entered on tax rolls. Any and all costs of replacement, repair and maintenance of curb and gutter incurred within two years after installation thereof or damage thereto during construction as provided in Subsection D above shall be charged to the lot or parcel of land affected thereby pursuant to § 66.0703, Wis. Stats.