(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 Village Administrator, Clerk, or highest elected official, as appropriate, 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. The Village Administrator, Clerk, or highest elected official, as appropriate, shall request advisory recommendations from the Director of Public Works prior to issuance of the permit. Village officials may attach conditions to the permit, including proof of liability insurance.
(b) Bond. No street privilege permit shall be issued until the applicant shall execute and file with the Village Administrator, Clerk, or highest elected official, as appropriate, a bond in an amount determined by the Village President not exceeding $5,000, 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. Upon request, the Village Board may waive this requirement.
(c) Fee. The fee for a street privilege permit shall be in the sum of $5, 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 Village Board, Director of Public Works, or Building Inspector 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 Village Board, 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.
(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 at the discretion of the Village Administrator, Clerk, or highest elected official, as appropriate.
(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 24 hours after such notice from the Village Board to do so, it shall be the duty of the Village Board to remove such obstruction, and make return of the costs and expenses thereof to the Village Administrator, Clerk, or highest elected official, as appropriate, 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, § 6-2-6)
Statutory reference:
Similar provisions, see Wis. Stats. § 66.0425