(a) When Required.
(1) Street privilege permits for the use of the streets, alleys, sidewalks or other public right-of-ways or places of the Village of Edgar may be granted to applicants by the Public Works Department for the purpose of, but not limited to:
a. Moving any building or structure;
b. Encumbering the street, alley, sidewalk or way with materials necessary in and about the construction or demolition of any building or structure; or
c. Parking of construction equipment or trailers.
(2) Such applicant shall comply with other applicable requirements of this Section and has obtained a building permit if required by this Code of Ordinances.
(3) The Public Works Department may request advisory recommendations from the Zoning Administrator, Fire Chief, Building Inspector and law enforcement authorities prior to issuance of the permit. Village officials may attach conditions to the permit, including proof of liability insurance.
(4) Temporary placement of merchandise on sidewalks shall be governed by Section 6-2-6.
(b) Bond/Cash Deposit. When required by the Village, no street privilege permit shall be issued until the applicant shall execute and file with the Village Administrator a bond or cash deposit in an amount determined by the Public Works Department not exceeding Ten Thousand Dollars ($10,000.00), conditioned that the applicant will indemnify and save harmless the Village of Edgar from all liability for accidents or damage caused by reason of operations under said permit and will remove such encumbrance upon termination of the operations and will leave the vacated premises in a clean and sanitary condition and repair any and all damage to the streets, alleys, sidewalks or public property of the Village resulting from such building or moving operations. Upon request to the Village Board, the Village Board may waive this requirement.
(c) Fee. The fee for a street privilege permit shall be as prescribed in Section 1-3-1, 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 Zoning Administrator, Fire Chief, Public Works Department, Building Inspector, or law enforcement officer for violation thereof:
(I) Such temporary obstruction shall cover not more than one-third (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 (4) feet in width guarded by a closed fence at least four (4) feet high on both sides may be maintained during the period of occupancy.
(4) The process of moving any building or structure shall be as continuous as practicable until completed and, if ordered by the Village Board or Public Works Department, shall continue during all hours of the day and night.
(5) No building or structure shall be allowed to remain overnight on any street crossing or intersection or so near thereto as to prevent easy access to any fire hydrant.
(6) Buildings shall be moved only in accordance with the route prescribed by the Village Board, upon the recommendation of the Public Works Department, Village Administrator and law enforcement authorities.
(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 (3) months from the date of issuance unless an earlier termination date is specified thereon at the discretion of the Village Board, Village Administrator or Public Works Department.
(f) Removal by Village. In addition to any other penalty imposed, if the owner or occupant of the premises adjoining any lawfully obstructed sidewalk shall remove or neglect to remove such obstruction within twenty-four (24) hours after such notice from the Village Board or designee to do so, it shall be the duty of the Village to remove such obstruction and make return of the costs and expenses thereof to the Village Administrator 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.
State Law Reference:
Sec. 66.0425, Wis. Stats.