ARTICLE I
Construction and Maintenance of Sidewalks
[Adopted 9-5-1952]
§ 159-1. Owners required to build.
The owner, owners or occupant of any lot, lots, part of lot or any parcel of land within the Village of Holmen which shall be designated by the President and Trustees, in an order issued by them, as hereinafter provided, shall, and they are hereby required, to build, construct and perpetually maintain sidewalks along their respective lots, parts of lots and parcels of land, according to the specifications enumerated in § 159-2 of this article, at their individual expense and cost.
§ 159-2. Construction standards. [Amended 5-9-1996; 10-12-2000 by Ord. No. 1.00]
All sidewalks hereafter constructed or reconstructed shall consist of concrete constructed according to the specifications of the Village.
- Specifications. No new sidewalk upon any street, and no old walk, shall be substantially reconstructed upon any street unless such new or substantially reconstructed walk shall be of concrete and constructed in substantial accord with the following specifications:
(1) All sidewalks built upon the streets shall be built of concrete and of a width of five feet and a depth of four inches (six inches at the driveway). The sidewalk shall be located six inches from the edge of the street right-of-way. The elevation of the back of the sidewalk shall be four inches above the top of the curb.
(2) All persons intending to have sidewalk built under the provisions of this article shall notify the Board of Trustees of the amount of walk to be built, not less than 10 days before the same is constructed, and no person shall build any concrete sidewalk until he is first granted permission by the Village.
(3) If any person builds a concrete sidewalk without first having been granted such permission he shall be liable to be arrested and fined not less than $50 and not more than $200 and costs.
§ 159-3. When order is to be given by Board. [Amended 10-12-2000 by Ord. No. 1.00]
Whenever any new sidewalk is required to be constructed, or any sidewalk, in consequence of damage or decay, is required to be reconstructed or made anew, the President and Trustees shall issue an order directed to the owner, owners, or occupant of the lot, lots, part of lot or parcel of land, along and in front of which such new sidewalk is required to be constructed, and made anew, directing such owner, owners or occupant to construct such new sidewalk or reconstruct such damaged or decayed sidewalk (as the case may be), within the time specified in such order, and in accordance with the class of specifications therein designated. They shall cause a copy of such order to be served personally upon such owner, owners or occupant; in lieu thereof shall cause such order to be posted in at least three conspicuous places within the Village, at least six days before the time at which such sidewalk is required to be completed.
§ 159-4. Failure of owner to comply.
If any owner, owners or occupant of any lot, lots, part of lot or parcel of land shall refuse or neglect to comply with the order of the President and Trustees, issued as required in § 159-3 of this article, the said President and Trustees shall, without unnecessary delay, after the expiration of the time designated in such order, proceed in the manner to be determined by them, and let the contract for the construction or reconstruction (as the case may be) of such sidewalk to the lowest bidder and the sum awarded and paid upon such contract, together with all costs and expenses incurred in the letting of such contract and in the building of such sidewalk, shall be entered by the Village Clerk in the next annual tax roll against the property along and in front of which such sidewalk shall be constructed or reconstructed and the Treasurer shall collect the same with the other taxes against such property.
§ 159-5. Duty of Director of Public Works.
The Director of Public Works of the Village of Holmen shall have supervision of all sidewalks and all grounds allotted for sidewalk purposes within the corporate limits of the Village, and it shall be his duty to see that they are kept free from encumbrance and in good repair.
§ 159-6. Removal of obstructions and repairs to be made. [Amended 10-11-1996]
Whenever any portion of sidewalk or sidewalk grounds shall be obstructed or whenever any portion of sidewalk shall be in need of repair, it shall be the duty of said Director of Public Works immediately to notify the owner, owners or occupant of the lot or premises in front of which such damaged or obstructed sidewalk or grounds may be, to remove such obstruction, or repair such damaged sidewalk as the case may be. The Village Board shall have the option of funding the repairs for sidewalks that have deteriorated under normal circumstances or the removal of the obstruction.
§ 159-7. Refusal or neglect of owner to repair.
If any owner, owners, or occupant of any premises in front of which any obstructed or damaged sidewalk or obstructed sidewalk grounds may be, shall refuse or neglect for the space of 24 hours after notification and request, as provided in the preceding section, to remove such obstruction or repair such sidewalk as the case may be, it shall be the duty of the said Director of Public Works to remove such obstruction or repair such damaged sidewalk, and the amount of the compensation of the Director of Public Works in each case shall be entered by the Village Clerk in the next annual tax roll against the property in front of which such damaged or obstructed sidewalk or grounds may be, and the Treasurer shall collect the same with the other taxes against such property.
§ 159-8. Director of Public Works to report.
It shall be the duty of the Director of Public Works to report to the President and Trustees, at their next stated meeting thereafter each and every notification required by § 159-6 of this article, together with his action in, and the amount of time that he has devoted to each particular case; and whenever, in his opinion, any portion of sidewalk shall be so much damaged or decayed as to require to be reconstructed or made anew in order to make it conform to existing ordinances he shall report such fact before taking any other action in the case.
§ 159-9. Recovery of damages by owner. [1]
The owner, owners or occupant of any lot, lots, part of lot or parcel of land, who has been required to construct and maintain and who has constructed or does maintain a sidewalk along or in front of such lot, lots or part of lot or parcel of land, shall be entitled to recover damages in an action at law against any person who, by himself or his agent or property shall injure, deface, besmear or in any manner damage such sidewalk. In case such damage, defacing, or besmearing shall be caused through neglect or willful trespass or malice, the person so causing it as aforesaid shall be deemed guilty of an offense and upon such conviction shall be fined in a sum not exceeding $100 and the costs of the prosecution and shall be committed to the county jail for La Crosse County until such fine and costs are paid but such imprisonment shall not exceed 20 days.
ARTICLE II
Excavations and Openings
[Adopted 10-5-1978]
§ 159-10. Permit required.
No person shall make or cause to be made any excavation or opening in any street, alley, highway, sidewalk or other public way within the Village without first obtaining a permit therefor from the Board of Public Works.
§ 159-11. Permit fee. [2]
The fee for a street opening permit shall be $10 and shall be paid to the Village Treasurer who shall issue his receipt therefor.
§ 159-12. Bond.
Before a permit for excavating or opening any street or public way may be issued, the applicant must execute and deposit with the Village Clerk an indemnity bond in the sum of $3,000, conditioned that the applicant 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 openings 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 Board of Public Works for a period of one year. Such bond shall be further conditioned that he will observe the provisions of all state laws, ordinances, rules and regulations governing the issuance of permits under this article. Such bonds may be filed individually for each excavation, or an annual bond may be given covering all excavation work done by the principal for one year beginning January 1.
§ 159-13. Insurance.
Prior to commencement of excavation work, a permittee must furnish the Board of Public Works satisfactory evidence that he has in force and will maintain during the life of the permit and the period of excavation, public liability insurance of not less than $100,000 for one person, $300,000 for one accident and property damage insurance of not less than $50,000.
§ 159-14. Regulations governing street and sidewalk openings.
- No opening in the streets or sidewalks for any purpose shall be permitted for any purpose when the ground is frozen, except where necessary as determined by the Village Engineering Department.
- In opening any street or other public way, all paving or ballasting materials shall be removed with the least possible loss of or injury to surfacing materials and, together with the excavated material from trenches, shall be placed so as to cause the least practicable inconvenience to the public and permit free flow of water along gutters.
- Every person shall enclose with sufficient barriers each opening which he may make in the streets or public ways of the Village. 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. Lights shall be installed according to the Wisconsin Department of Transportation Manual of Uniform Traffic Control Devices (latest edition), kept burning from sunset to sunrise, lights to be placed at each end of the opening in the street or way and other lights sufficient in number and properly spaced to give adequate warning. Except by special permission from the Village Engineering Department, no trench shall be excavated more than 250 feet in advance of pipe laying nor left unfilled more than 500 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. Each person making such openings 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 costs of any appeal, that may result from neglect by such person or his employees of any necessary precaution against injury or damage to persons, vehicles or property of any kind.
- In opening any street or sidewalk, the paving materials, sand, gravel, and earth or other materials moved or penetrated and all surface 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 Village Engineering Department is not suitable for refilling shall be immediately removed, leaving the street or sidewalk in perfect repair, the same to be so maintained for a period of one year. In refilling the opening, the earth must be puddled or laid in layers not more than six inches in depth and each layer remmed, tamped or flushed to prevent aftersettling. When the side of the trench will not stand perpendicularly, sheathing and braces must be used to prevent caving. No timber, bracing, lagging, sheathing or other lumber shall be left in any trench. The Village may elect to have the Village make the pavement repair for any street or sidewalk opening, in which case the cost of making such repair and of maintaining for one year shall be charged to the person making the street opening.
§ 159-15. Excavation in new streets limited.
Whenever the 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 Board, the Board of Public Works shall notify in writing each person, utility, Village department 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, cut or excavate said street for a period of five years after the date of improvement or repaving unless in the opinion of the Board of Public Works an emergency exists which makes it absolutely essential that the permit be issued.
§ 159-16. Emergency excavations authorized.
In the event of an emergency, any person, agent or employee owning or controlling any sewer, water main, 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 not later than the end of the next succeeding business day and shall not make any permanent repairs without first obtaining an excavation permit hereunder.
§ 159-17. Village work excluded.
The provisions of this article shall not apply to excavation work under the direction of Public Works by Village employees or contractors performing work under contract with the Village, necessitating openings or excavations in Village streets, which openings or excavations shall be regulated by the contract between the Village and the contractor.
ARTICLE III
Snow and Ice Removal
[Adopted 1-8-1998; amended in its entirety 3-13-2003 by Ord. No. 1.03]
§ 159-18. Snow and ice removal by property owners required.
In accordance with Section 66.0907(5) of the Wisconsin Statutes, all property owners, (except those specifically exempted by the Village Board) located in the Village of Holmen are hereby required to remove snow and ice accumulated on public sidewalks adjacent to and on their property within 48 hours after a snowfall.
§ 159-19. Failure to comply; removal by Village; collection of costs.
Upon any property owner’s failure to remove said snow or ice within the allotted period of time, the Village of Holmen does hereby authorize the Village of Holmen Public Works Department or their designee to remove said snow or ice and charge the property owner the cost of removal, but not less than $100 per violation. If any amount assessed to the property owner an any lot or parcel of land so charged is unpaid, the Village Clerk is hereby authorized to enter said unpaid amount on the tax roll as a special charge against said lot or parcel of land in question and the same shall be collected in all respects like other taxes upon real estate.
§ 159-20. Deposit of snow or ice into public places in Village prohibited; exemptions. [Added 10-11-2018 by Ord. No. 2-2018]
No person shall throw or put, or cause to be thrown or put, any snow or ice into any street, avenue or other public place in the Village. The only locations in the Village exempt from this section are Main Street between Roberts Street and Long Coulee Road and State Street from Main Street to 1st Avenue unless there is a grassy boulevard present in the area otherwise exempted.
§ 159-21. Violations and penalties. [Added 10-11-2018 by Ord. No. 2-2018]
Any person who violates § 159-20 shall upon conviction thereof forfeit not less than $100 nor more than $500 for the first offense and not less than $200 nor more than $1,000 for a subsequent offense, plus court costs.
[1]. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]. Editor’s Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
