(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/she is the owner or occupant. Examples of prohibited encroachments or encumberances include private underground utility installations such as sprinkler systems and "invisible" dog fencing; as well as decorative berms or plantings within the road right-of-way. Exceptions are provided in Subsections (b) and (c).
(b) Exceptions. The prohibition of Subsection (a) shall not apply to the following:
(1) Temporary encroachments or obstructions authorized by permit under Section 6-2-7 or this Section pursuant to Sec. 66.0425, Wis. Stats.
(2) Building materials for the period authorized by the Public Works Department which shall not obstruct more than one-half (1/2) of the sidewalk or more than one-third (1/3) of the traveled portion of the street and which do not interfere with the flow in the gutters [see Section 6-2-7].
(4) Signs or clocks attached to buildings which project outward from properties not more than six (6) feet from the face of any such building, unless otherwise approved and which do not extend below any point ten (10) feet above the sidewalk, street or alley, unless otherwise approved by the Village Board.
(5) Awnings which do not extend below any point seven and one-half (7.5) feet above the sidewalk, street or alley.
(6) Public utility encroachments authorized by state law or the Village Board.
(7) Planters, benches, hanging flower pots and banners which are part of a motif and which have been authorized by the Village Board, and are located in a Commercial District, provided that the encroachment shall leave a minimum of four and one-half (4.5) foot width of public sidewalk clearance and all hanging items must be a minimum height of seven and one-half (7.5) feet to the bottom of the hanging fixture above the sidewalk, street or alley.
(8) Goods, wares, merchandise or fixture being temporarily loaded or unloaded which do not extend more than three (3) feet on the sidewalk, provided that such goods, wares, etc. do not remain thereon for a period of more than four (4) hours.
(c) Merchandise or Personal Property on Sidewalks. Unless expressly authorized to do so by the Village Board, no person shall use the sidewalk, or any part thereof, for the display of merchandise or the storage of any merchandise or other personal property. The only exception to this provision is that storage of merchandise or other personal property is allowed when it meets all of the below enumerated conditions. Under this exception, property owners may place certain fixtures on sidewalks which immediately adjoin their property if the following requirements are met:
(1) The property must be located in an area zoned for, or primarily used for, commercial/business uses.
(2) Fixture(s) for display of merchanise shall not be physically attached to the sidewalk, any street fixture or any adjacent building, and shall be of a temporary design.
(3) The placement of the fixture shall not significantly impede the flow of pedestrian traffic on the sidewalk. No person shall obstruct or impede the pedestrian right-of- way of any paved public sidewalk with any merchandise or personal property, except as provided herein. Merchandise shall be located adjoining the building it is marketed from and shall not encroach more than thirty (30) inches from the building facade and in all cases, the unobstructed sidewalk area must be a minimum of five (5) contiguous feet in width in order to comply with the Americans with Disabilities Act (ADA) requirements, as from time to time amended.
(4) Displayed merchandise shall be consistent to that sold within the business and shall not include food or beverage items.
(5) Displayed merchandise or personal property must be removed each day following the close of business, but in no event shall the merchandise be permitted outdoors between the hours of 6:00 p.m. and 7:00 a.m. nightly.
(6) Displaying merchandise or personal property on a paved sidewalk shall constitute express permission of the property and/or business owner for the Village to take corrective, remedial and removal action(s). The Village of Edgar may also prosecute violations of this Subsection and seek injunctive relief, from time to time and at any time. The cost of such correction, remediation, and/or removal shall be paid by the property or business owner(s).
(7) The property and business owners are jointly and severally liable for any and all injury to any person or property directly and/or indirectly caused by their joint or several negligence and/or activities occurring on the paved sidewalk under this Subsection.
(d) Immediate Removal by Village for Sidewalk Obstructions and Encroachments. In addition to any other penalty imposed, if any Village enforcement official determines that a sidewalk is unlawfully obstructed in violation of this Section and poses a serious and immediate threat to public safety, he/she 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 twenty-four (24) hours.
(e) Immediate 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 Public Works Department, Zoning Administrator, Building Inspector or law enforcement officer determines that a Village of Edgar street, alley, public grounds or land dedicated for public use is obstructed or encum- bered and poses a serious and immediate threat to public safety, he/she shall issue a written notice to the property owner of the premises which adjoin the obstructed public area directing that the obstruction be removed within twenty-four (24) hours.
(f) Non-Emergency Removal of Obstructions and Encroachments on Public Property.
(1) Whenever the owner or person in possession or control of any obstruction or encroachment in or upon any street, sidewalk, public ground or public right-of-way in the Village of Edgar deemed by the Village to be a non-emergency situation shall refuse or neglect to remove the same within thirty (30) days after written notice, or without notice if the owner cannot readily be located for the purpose of receiving such notice, or if the Village determines that the obstruction or encroachment poses an urgent threat to the public health and safety under Subsections (d) and (e) above, the same shall be deemed a nuisance requiring removal or modification as directed by a Village enforcement official.
(2) Examples of prohibited obstructions and encroachments on public property and rights-of-way are, but are not limited to, the placement of landscaping boulders, timbers or large objects, mailboxes not meeting the standards of Section 6-2-21, permanently mounted sports apparatus, improperly placed driveway standards, unauthorized structures of any kind, etc. In the event the compliance notice is not complied with within the time specified, the Village of Edgar may take appropriate action, including, but not limited to, issuance of a citation, and/or cause the removal of such obstruction or encroachment. The expense of any such enforcement and removal actions by the Village shall be billed to the property owner, and, upon nonpayment, will be placed as a special charge on the taxroll against the property. It shall also be a separate offense under this Subsection for any property owner or person in possession or control of an obstruction or encroachment to resist an enforcement action taken by the Village of Edgar. An exception to this Subsection shall be any Village-authorized temporary obstructions or encroachments permitted under this Code of Ordinances or state law.
(g) Failure to Remove Obstruction.
(1) If the owner or occupant fails to remove the obstruction within the time period established in Subsections (d), (e) or (f) above respectively, any Village enforcement official shall cause the removal of the obstruction, keeping an account of the expense of the abatement, and such expenses shall be charged to and paid by such property owner. Notice of the bill for abatement of the obstruction shall be mailed to the owner of the premises and shall be payable within ten (10) calendar days from receipt thereof. Within sixty (60) days after such costs and expenses are incurred and remain unpaid, the Village Administrator shall enter those charges onto the tax roll as a special tax as provided by the Wisconsin Statutes.
(2) The failure of the Village Administrator 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's expenses on the tax rolls for unpaid bills for abating the obstruction as provided for in this Section.