Chapter 12.05
STREETS AND SIDEWALKS
Sections:
12.05.010 Removal of rubbish and dirt from sidewalks.
12.05.020 Sidewalk construction and repair.
12.05.030 Excavations of streets, alleys and public ways.
12.05.040 Regulations governing excavations and openings.
12.05.050 Obstructions and encroachments.
12.05.060 Street privilege permit.
12.05.070 Snow and ice removal.
12.05.100 Downspouts and eaves of buildings not to drain on sidewalks.
12.05.110 Sale or display of merchandise prohibited – Special event vending permit.
12.05.120 Requests for improvements.
12.05.130 Raking leaves into streets.
12.05.150 Maintenance of drainage ditch and drains.
12.05.010 Removal of rubbish and dirt from sidewalks.
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 who shall spread the cost on the tax roll as a special tax against the premises, pursuant to Section 66.60(16), Wis. Stats., or such cost may be recovered in an action against the owner or occupant. [Prior code § 4-2-1].
12.05.020 Sidewalk construction and repair.
(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 cost of all sidewalk construction and repair shall be paid two-thirds by the village and one-third by the property owner. Any owner of property fronting on any street for which a grade has been established may construct a sidewalk in front of such property, providing such sidewalk be built in conformity with the provisions of this section.
(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 Section 66.615, 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 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 unless such ordinance or resolution establishes different standards therefor.
(d) Sidewalk Repair or Replacement. Pursuant to Section 66.615, 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 Section 66.615(3)(c), Wis. Stats., the village board shall repair or construct such sidewalk and the village clerk 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 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. [Prior code § 4-2-2].
State law reference: Section 66.615, Wis. Stats.
12.05.030 Excavations of streets, alleys and public ways.
(a) Permit Required. No person, partnership or corporation, or their 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.
(b) Standards – Fees.
(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.
(2) Fee. The fee for a street opening permit shall be $10.00 plus actual village expenses. Permit fees shall be paid to the village clerk who shall issue his receipt therefor.
(c) Insurance Required. A permit shall be issued only upon condition that the applicant submit to the clerk 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 $200,000. The policy shall name the village as a 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 in 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 drain laying 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 percent 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 1st, 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. [Prior code § 4-2-3].
12.05.040 Regulations governing excavations and openings.
(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 on 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, no trench shall 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 saw cut 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 Paved 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 15th to May 1st, 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 36 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 months’ 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 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 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, 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.
(l) Exception. The provisions of this section shall not apply to excavation work done by village employees or contractors performing work under contract with the village except that the safety precautions under subsection (c) of this section shall be complied with. [Ord. dated 3/6/12 § 15. Prior code § 4-2-4].
12.05.050 Obstructions and encroachments.
(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) of this section.
(b) Exceptions. The prohibition of subsection (a) of this section 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 at least 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 such goods, wares, etc., do not remain thereon for more than three hours.
(5) Temporary encroachments or obstructions authorized by permit under AMC 12.05.060 or 12.05.110 pursuant to Section 66.045, Wis. Stats.
(6) Building materials for the period authorized by the building inspector which shall not obstruct more than one-half of the sidewalk or more than one-third of the traveled portion of the street, and which do not interfere with flow in the gutters.
(7) Excavations and openings permitted under AMC 12.05.030 and 12.05.040.
(c) Issuance of Permit.
(1) The clerk 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 the 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 an additional 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 that all of the above requirements have been met he shall issue the permit. Said permit may be revoked by the clerk or village police officers 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) Removal by Village for Sidewalk Obstructions and Encroachments. In addition to any other penalty imposed, if the clerk or police officer 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 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 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) of this section respectfully, 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 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 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. [Ord. dated 3/6/12 § 16. Prior code § 4-2-5].
Cross-reference: AMC 12.35.010.
12.05.060 Street privilege permit.
(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, upon the recommendation of the police committee chairman and building inspector, 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 such applicant has complied with the other requirements of this section and has obtained a building permit if required by this code of ordinances.
(b) Bond. No street privilege permit shall be issued until the applicant shall execute and file with the village clerk 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.
(c) Fee. The fee for a street privilege permit shall be in the sum of $10.00, 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 director of public works or a village law enforcement officer for violation thereof:
(1) Such temporary obstruction shall cover not more than one-third 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 police committee, 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 police committee.
(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 by the clerk.
(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 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. [Prior code § 4-2-6].
State law reference: Section 66.045, Wis. Stats.
12.05.070 Snow and ice removal.
(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) of this section, 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, the police 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 village shall immediately cause the removal of the snow and/or ice. The police or clerk shall send a written notice to the last known address of the property owner notifying him that a hazardous condition existed which required immediate abatement.
(2) Snow and Ice Not to Encroach. No person shall push, shove or in any way deposit any snow or ice onto any public streets, 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 curb line. 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 24-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 subsections (b)(1) and (2) of this section 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 shall enter those charges onto the tax roll as a special tax as provided by Section 66.615(5), Wis. Stats.
(g) Penalty. In addition to the provisions set forth in this section, any person, firm, or corporation which violates the provisions of this section shall be subject to a penalty as provided in AMC 1.05.060. [Prior code § 4-2-7].
State law reference: Sections 66.60(16) and 66.615(3)(f) and (5), Wis. Stats.
12.05.080 Terrace areas.
(a) Definition. The definition of “terrace” shall be as defined in AMC 12.25.020.
(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 AMC 12.25.070(c)(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. [Ord. dated 3/6/12 § 17. Prior code § 4-2-8].
Cross-reference: Chapter 12.25 AMC.
12.05.090 Vaults.
All vaults and cisterns under sidewalks shall be prohibited. [Prior code § 4-2-9].
12.05.100 Downspouts and eaves of buildings not to drain on sidewalks.
No downspouts from any building shall terminate on or upon or in such position that the contents of such spout be 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 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 AMC 1.05.060. [Prior code § 4-2-10].
12.05.110 Sale or display of merchandise prohibited – Special event vending permit.
(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. 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 a 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 and shall contain such information as the clerk and village president may require. Licenses shall be signed by the village clerk 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 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 $500,000 per occurrence for bodily injury and minimum limits of $100,000 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 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 police the location of all events under the permit. Street and sidewalk encroachments, booth locations and special parking provisions shall be submitted to the police for review and approval a minimum of seven days before the start of the event.
(3) Clean-up. The permittee shall be fully responsible for all necessary clean-up 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. [Ord. dated 3/6/12 § 18. Prior code § 4-2-11].
12.05.120 Requests for improvements.
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 1st to be considered for installation in the following year. [Prior code § 4-2-12].
12.05.130 Raking leaves into streets.
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. [Prior code § 4-2-13].
12.05.140 Curb and gutter.
(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 Section 66.60 and/or 66.62, 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 petitioners request curb and gutter abutting property owned by said petitioner, describing said property, 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, one-half of 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 they shall act upon the same in some manner within six months of receipt of said petition. The village shall pay one-half 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 Section 66.60, Wis. Stats. The costs of said curb and gutter shall be paid one-half by the village and one-half by the property owner. 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. The clerk 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 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.
(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.
(d) 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 shall be charged to the lot or parcel of land affected thereby pursuant to Section 66.60, Wis. Stats. [Amended during 2013 recodification; Ord. dated 3/6/12 § 19. Prior code § 4-2-14].
State law reference: Sections 66.60 and 66.62, Wis. Stats.
12.05.150 Maintenance of drainage ditch and drains.
(a) Maintenance of Drainage Ditch and Drains. The owner, occupant, or person in charge of any parcel or lot which fronts upon or adjoins any drainage ditch and associated drain shall keep said ditch and associated drain clear of debris and at proper depth and elevation. In the event of debris accumulating in said ditch and drain due to natural means and/or by any other means, said ditch and drains shall be cleared of all accumulated debris and obstructions.
(b) Notice and Removal of Debris and Obstruction. If the owner, occupant, or person in charge of any parcel or lot which fronts upon or adjoins any drainage ditch shall fail to keep said drainage ditch clear of debris and obstruction including maintenance of ditch depth and elevation set forth in subsection (a) of this section, the village shall take the following action:
(1) Hazardous Conditions. If the village officials determine that the failure to remove the debris and obstruction from the ditch creates an immediate danger to the public health and/or safety, the police shall cause the issuance of a written notice to the owner, occupant, or person in charge of any parcel or lot directing that the debris and obstruction, including maintenance of ditch depth and elevation, 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 village shall immediately cause the removal of the debris and obstruction, including maintenance of ditch depth and elevation. The police or clerk shall send a written notice to the last known address of the property owner notifying him or her that a hazardous condition existed which required immediate abatement.
(c) Enforcement. The public works department, his or her authorized designees, and all sworn police officers are hereby authorized and directed to enforce the provisions of this section.
(d) Continued Violations. Each 24-hour period where a violation occurs shall constitute a separate offense under this section for enforcement purposes. Repeated violations or subsequent additional accumulations of debris and obstruction (including maintenance of ditch depth and elevation) 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 debris and obstruction (including maintenance of ditch depth and elevation) within the time established under subsection (b)(1) of this section after receiving a written notice shall result in the village causing the removal of said debris and obstruction, including maintenance of ditch depth and elevation, at the property owner’s expense.
(f) Expense. An account of the expenses incurred by the village to abate the debris and obstruction (including maintenance of ditch depth and elevation) 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 abatement of debris and obstruction, including maintenance of ditch depth and elevation, 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 shall enter those charges onto the tax roll as a special charge as provided by Section 66.0627(5), Wis. Stats.
(g) Penalty. In addition to the provisions set forth in this section, any person, firm, or corporation who violates the provision of this section shall be subject to a penalty as provided in AMC 1.05.060. [Res. 06-05. Prior code § 4-7-1].