[HISTORY: Adopted by the Common Council of the City of Waterloo 10-19-1987 by Ord. No. 87-6 as §§ 8.02 to 8.08 and 8.20 of the 1987 Code. Amendments noted where applicable.]
Establishment. The grade of all streets and alleys shall be established by the Council and recorded by the Clerk-Treasurer in his office. No street or alley shall be worked or sidewalk constructed until the grade thereof is established.
Alteration of grade prohibited. No person shall alter the grade of any street, alley, sidewalk or public ground, or any part thereof, in the City unless authorized or instructed to do so by the Council or the Director of Public Works. All such alterations of grade shall be recorded in the office of the Clerk-Treasurer.
Permit required. No person shall, without first obtaining a permit from the Clerk-Treasurer or the Director of Public Works, make any opening in any street, alley, sidewalk or any public way within the City. No permit shall be granted when the ground is frozen unless the Director determines such opening is necessary. The work shall be completed within 30 days after the permit is issued.
Application. Application for a permit shall be made on a form supplied by the Clerk-Treasurer or the Director of Public Works. The application shall be accompanied by a signed agreement to save the City harmless from any liability arising from the work or activity covered by the permit, the fee provided in Subsection C below and a written description of the work, including a sketch designating the trench location.
Bond. The applicant for a permit shall execute to the City and deposit with the Clerk-Treasurer a corporate surety bond approved by the City Attorney in the sum of $1,000, conditioned that he will save the City harmless and refill and repave such opening, and maintain such repaving for one year, as provided in Subsection G below. In the event that the permittee does not repave or perform necessary maintenance thereon within a reasonable time, the Board of Public Works may elect to do the work and bill the permittee therefor. Such bond shall remain in force and shall be executed for one year, except on such expiration it shall remain in force as to all penalties, claims and demands that may have occurred prior to such expiration.
Insurance. A certificate of insurance shall be provided evidencing that the applicant has in force and will maintain during the term of the permit public liability insurance of not less than $500,000 for any one person, $1,000,000 for any one accident and $50,000 for property damage.
Requirements for the protection of the public. Every permittee shall enclose each opening which he may make in the streets or public ways of the City with barricades and barricade lights in accordance with Part 6 of the United States Department of Transportation Federal Highway Administration Manual during the period the excavation is open and until the street or sidewalk is restored and made passable for vehicular and pedestrian traffic. All machinery and equipment shall be locked or otherwise effectively safeguarded from unauthorized use when not being used by the permittee, his agents or employees. Except by written permission from the Director of Public Works, no trench shall be excavated more than 300 feet in advance of pipe laying or left unfilled more than 450 feet where pipe has been laid. 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.
Excavation, refilling and repaving requirements. The permittee shall restore the street to as close to its original condition as possible, in accordance with specifications established by the Board of Public Works, and shall be responsible for any costs incurred by the City. The Board of Public Works may elect to have the City make the pavement repair for any street opening, in which case the cost of making such repair and maintaining it for one year shall be charged to the person making the street opening. The permittee shall notify the Director of Public Works when repaving has been completed. In the event caving occurs within one year of the completion of the project, the permittee shall be responsible for restoring the street.
Emergency excavations authorized. In the event of an emergency, any person owning or controlling any sewer, conduit or utility in or under any street 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 shall apply for an excavation permit not later than the end of the next succeeding business day.
City work excluded. The provisions of this section shall not apply to excavation work done under the supervision of the City Engineer or Director of Public Works by City employees or contractors performing work under contract with the City necessitating excavation in City streets.
The following public work, irrespective of the estimated cost thereof, may be done directly by the City by its own forces without submitting the same for bids:
Prohibited. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, public grounds or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in Subsection B below.
Exceptions. The prohibition of Subsection A above shall not apply to the following:
Except for sales permitted by statute or other sections of this Code, no person shall display, sell, or offer to sell, on any street, sidewalk, alley or other public place within the City, anything of value or service of any kind, except within three feet of the place of business, or in connection with a City-wide enterprise or promotion of community trade approved by the Council.
[Amended 9-12-2008 by Ord. No. 2008-13; 2-20-2014 by Ord. No. 2014-03; 11-6-2014 by Ord. No. 2014-10; 2-1-2018 by Ord. No. 2018-01]
Required. The owner, occupant or person in charge of every building, lot or part of a lot within the City abutting upon a public sidewalk shall remove all snow and ice from said sidewalk within 24 hours from the time the snow ceases to fall. 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. The entire sidewalk from edge to edge must be made safe for passage by a means described above.
Removal of snow from roofs. The owner, occupant or person having charge of any building within the City abutting upon or near any public street or place that snow or ice may fall from the roof thereof into or upon such street or place, or upon the sidewalk thereof, shall cause all snow and ice to be removed from such roof within 24 hours after the snow or ice has ceased falling or forming, as determined by the Public Works Director, or provide suitable guards so that the ice or snow shall not be discharged upon the sidewalk.
Deposit on streets prohibited. No person shall deposit or cause to be deposited any snow or ice upon any sidewalk, alley, tree lawn, public place or street in the City; provided, however, that snow or ice removed from the sidewalk in front of or abutting any premises or the premises which abut such sidewalk may be deposited on the tree lawn and, in the event there is no tree lawn, on the street fronting such premises prior to snow or ice being plowed, windrowed and removed from the street by the City.
Removal by City. If snow or ice is not removed from sidewalks or sprinkled, as required by Subsection A, one warning per property parcel per snow season will be given for the failure to clear sidewalks; or if snow is not removed from roofs, as required by Subsection B above, or if snow or ice is deposited on any sidewalk, alley, tree lawn, public place or street in the City in violation of Subsection C above, then the City may remove or cause to be removed all such snow or ice, and the person in charge of the premises from which the snow or ice was removed and so deposited shall be charged. The charge will consist of a Public Works Department charge for time spent at the task, with a minimum charge of one hour per visit, as specified in the Municipal Fee Schedule. Repeat offenders within any given snow season shall be charged an enhanced penalty consisting of two times the standard charge. If not paid within 30 days, such charge shall be placed on the tax roll, pursuant to § 66.0627, Wis. Stats.
All utilities, including sewer and water mains and service laterals to the abutting property, shall be installed before any street is permanently surfaced or resurfaced.