§ 74-7. Obstructions and encroachments.

(a)

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 right-of-way adjoining the premises of which he is the owner or occupant, except as provided in subsection (b) of this section.

(b)

Exceptions. The prohibitions of subsection (a) of this section shall not apply to the following:

(1)

Awnings which do not extend below any point seven feet above the sidewalk, street or alley.

(2)

Public utility encroachments duly authorized by state law or the village board.

(3)

Goods, wares, merchandise or fixtures being loaded or unloaded which do not extend more than three feet on the sidewalk, provided such goods, wares, etc., do not remain thereon for a period of more than two hours.

(4)

Temporary encroachments or obstructions authorized by permit under subsection (c) of this section.

(5)

Excavations and openings permitted under section 74-6.

(c)

Street privilege permit. A street privilege permit may be issued according to the following conditions:

(d)

Required. Permits for the use of the streets, alleys, sidewalks or other public right-of-ways or places of the village may be granted to applicants by public works supervision 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 subsection and has obtained a building permit if required by chapter 18.

(e)

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 public works supervision, conditioned that the applicant will indemnify and save harmless the village from all liability for accidents or damage caused by reason of operations under such permit, will remove such encumbrance upon termination of the operations, 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.

(f)

Fee. The fee for a street privilege permit shall be as set forth the most current village board resolution approving the annual fee schedule.

(g)

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 of buildings or structures and shall be given upon the following terms and conditions and subject to revocation without notice by public works supervision 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 public works supervision, 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 jointly by public works supervision and the appropriate representative of the village police department.

(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.

(h)

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 direction of the supervisor of inspections or public works supervision.

(i)

Removal by village. In addition to any other penalty imposed, if the owner or occupant of the premises adjoining an unlawfully obstructed sidewalk shall refuse or neglect to remove such obstruction within 24 hours after notice from public works supervision to do so, it shall be the duty of public works supervision to cause/order the removal of such obstruction and make return of the cost and expense thereof to the village clerk who shall enter such cost on the next annual tax roll as a special charge against the property abutting each obstructed sidewalk, and such sum shall be levied and collected as other special taxes against real estate.

State Law reference— Privileges in streets generally, W.S.A., § 66.0425; special assessments and charges generally, W.S.A., § 66.070, 66.0721; lien of special assessments generally, W.S.A., § 66.0717.

(Ord. No. 880, § I, 9-16-14)