The Way I See It!

Cudahy Sidewalk Ordnances

Posted by Randy Hollenbeck on Aug. 10, 2010

Cudahy, DPW, Sidewalk

8.02  STREETS, ALLEYS AND SIDEWALKS, OPENING OF.

(1)   PERMIT REQUIRED.  No person shall open or excavate in any street, alley, sidewalk, parkway or other public place in the City without first obtaining a permit from the Director of Public Works and performing all work in compliance with this section.

(2)   INSURANCE REQUIRED.

(a)   A permit shall be issued only if the applicant submits evidence to the Director of Public Works that the applicant is covered by public liability insurance in the following amounts and that such insurance protects the City from all claims:

1.   Personal Injury.

a.   One person--$100,000.00.

b.   One accident--$300,000.00.

2.   Property--$50,000.00.

(b)   The evidence of insurance shall also provide that the City be notified at least 10 days prior to cancellation or expiration of the insurance.

(c)   The provisions of this section shall not apply to sidewalk replacements in the amount of $2,000.00 or less.  (Cr. #1295)

(3)   INFORMATION TO ACCOMPANY APPLICATION. The applicant shall submit to the Director of Public Works at the time the permit is applied for sufficient information on the proposed work to enable the Director to properly evaluate the work to be done. The Director shall determine whether sufficient information has been submitted, but in no case shall it be less than the following:

(a)   Where the proposed opening is less than 20 square feet in area, or less than 30 feet in length, the applicant shall state the nature and location of the work, the reason for the work and the proposed method of doing the work.

(b)   Where the proposed opening exceeds 20 square feet in area or 30 feet in length, the applicant shall submit in duplicate a plan or sketch of the proposed work showing the location, nature, reason and method of doing the work.

(4)   FEE OR DEPOSIT GUARANTEEING SURFACE RESTORATION.  (Am. #1557)

(a)   Applicant Responsible  . The applicant shall, in all cases, be responsible for restoring the surface. 

(b)   Fee or Deposit  . The applicant shall pay a permit fee, plus a deposit based upon the surface area to be torn up and the unit prices established by the Board of Public Works, sufficient to cover the necessary repairs.  Upon completion of the work in a satisfactory manner, but not sooner than 6 months thereafter, the deposit shall be refunded. 

(c)   Permit Fees  . (Am. #2078; #2192) The permit fees shall be as follows: 

TABLE INSET:

  Sidewalks       

New Installations    $10.00   

Replacement      5.00   

Mudjacking      5.00   

Street Excavation    60.00 plus $3.00 per each additional 100 feet or fraction thereof   

(5)   PERMIT TO BE DISPLAYED.  The permit shall be displayed on the site at all times.

(6)   AUTOMATIC EXPIRATION OF PERMIT.  If work is not commenced within 14 days of the issuance of the permit, the permit shall automatically expire and a new permit shall be obtained and an additional fee charged.  The Director of Public Works may extend the time limit for sufficient cause.

(7)   NOTICES REQUIRED.

(a)   To Affected Persons  . The applicant shall notify all public and private individuals, firms and corporations affected by the work at least 24 hours before the work is to start. 

(b)   To Director  . The applicant shall notify the Director of Public Works at least 24 hours prior to the commencement of work and again at least 4 hours prior to backfilling and/or restoring the surface. 

(8)   EMERGENCY WORK.  When an immediate excavation is necessary for the protection of public or private property and the City offices are closed, the same shall be reported to the Police Department, which shall grant permission to make the necessary excavation upon condition that an application be made in the manner herein provided before 12:00 noon of the next business day.

(9)   TEARING UP OF NEW PAVEMENT.  (Am. #2192) Whenever it is necessary to tear up street, alley or sidewalk pavement within 10 years of the construction of the pavement, the applicant shall pay and forfeit as damages to the City the following charges based upon the unit prices as established by the Board of Public Works for the year in which the opening is made, such charges to be in addition to the restoration costs incurred by the applicant:

(a)   First Year  . 100% of the unit price. 

(b)   Second Year  . 95% of the unit price. 

(c)   Third Year  . 90% of the unit price. 

(d)   Fourth Year  . 85% of the unit price. 

(e)   Fifth Year  . 80% of the unit price. 

(f)   Year 6  . 75% of the unit price. 

(g)   Year 7  . 70% of the unit price. 

(h)   Year 8  . 65% of the unit price. 

(i)   Year 9  . 55% of the unit price. 

(j)   Year 10  . 45% of the unit price. 

(10)   CONSTRUCTION OF NEW FACILITIES.  Within 6 months after notification by the City that a new street, alley or sidewalk pavement is to be constructed, all public and private utilities, firms and individuals shall construct the facilities necessary without interfering with the paving work. Failure to complete work within such 6 months shall subject such utility, firm or individual to the requirement of tunneling or augering new pavement for 5 years after completion of the pavement.

(11)   MAXIMUM STREET OPENING. Not more than 600 lineal feet of trench shall be opened at one time.

(12)   TIME LIMIT FOR COMPLETION OF WORK. No excavation shall remain open in excess of 3 calendar days, unless permission is obtained from the Director of Public Works prior to the third day. For each day or fraction thereof the excavation remains open in excess of 3 days, the applicant shall pay to the City $25.00.

(13)   METHOD OF DOING WORK.

(a)   Excavating  . The trench shall be excavated to a sufficient width and depth to permit the laying of the pipe conduit, using special care to avoid damaging existing conduits or pipes. All work shall be done to conform to the applicable standards of the Department of Industry, Labor and Human Relations, and applicable Occupational Safety and Health Administration (OSHA) regulations and to the rules and regulations of the City. All refuse and excess excavated material shall be removed from the street limits as the work progresses and shall not be deposited on the site unless permission is obtained from the Director of Public Works. 

(b)   Maintenance of Opening  . The applicant shall backfill the opening immediately upon the completion of the work and place at least 6 inches of traffic bind or similar material into the opening, topped with not less than 2 inches of bituminous concrete. The applicant shall maintain such temporary pavement in good condition until the permanent surface has been restored, provided such guaranteed maintenance period shall not be less than 12 months. 

(c)   Backfilling  . Backfilling shall be done with due care in a workmanlike manner and shall be consolidated by flooding or tamping according to approved methods so as to prevent the settling of the facility. In all streets, alleys, sidewalks or other public ways, whether improved or unimproved, all excavated material shall be removed and the trench shall be completely backfilled with sand or gravel unless permission is obtained from the Director to use excavated material for backfill. 

(d)   Barriers and Lights in Streets  . Each opening made in the street or public way shall be enclosed with sufficient barriers. Amber lights shall be kept burning from sunset to sunrise, one such light to be placed at each end of the opening in the street and other lights to be placed at intervals not to exceed 10 feet along such opening. All necessary precautions shall be taken to prevent personal injury or property damage from the beginning to the end of the work. 

(e)   Restoration of Surface  . Should any person fail to restore the surface within 7 calendar days or within a period determined by the Director, the City shall make such repairs and deduct the cost thereof from the deposit. 

(f)   Landscaping  . (Cr. #2257) The area around any utility box, switch cabinet, control cabinet, ground mounted transformer, or equipment of similar nature, with a footprint greater than one square foot, placed in the street right-of-way, where the abutting properties are residential in nature, shall be landscaped to reduce the visual impact of said facility. The landscaping shall be installed and maintained by the owner of the facility in accordance with the landscape plan approved by the Director of Engineering. 

8.03  SIDEWALK CONSTRUCTION. 

(1)   LICENSE REQUIRED; SURETY BOND.  No person shall construct, lay or rebuild any sidewalk on any public street, alley or other public way within the City without first being licensed to do so by the City.  Such person shall also furnish to the City a surety bond, approved by the City Attorney, to guarantee completion of the work according to the specifications, to protect against unfaithful, imperfect or inadequate work and to save harmless the City from all liability for accidents or damages caused by negligence in protecting the work being performed or by inadequate work, such bond to cover a period commencing at the time the work is started and terminating 2 years after completion of the work. The provisions of this subsection shall not apply to sidewalk replacements in the amount of $2,000.00 or less.

(2)   ISSUANCE OF LICENSE; FEE; TERM.  (Am. #1557) Application for a license shall be made to the City Clerk, who shall issue such license upon approval by the Director of Engineering and upon payment of the $20.00 annual license fee.  The license period shall run from July 1 to June 30 and all insurance policies and bonds shall be coordinated with such license.

(3)   CONSTRUCTION STANDARDS.  The Council may, from time to time, by resolution, establish the width, determine the materials and prescribe the standard methods of construction of sidewalks, driveway approaches and curb and gutters.  The standards so fixed may be different for different streets.

(4)   LICENSEE TO COMPLY WITH REGULATIONS.  Any licensee to whom is issued a license under this section shall comply with all rules, regulations and standard specifications established by the Council for the constructing, laying or rebuilding of sidewalks, driveway approaches and curb and gutters.

8.04  SIDEWALK REPAIRS.

(1)   STATE STATUTES ADOPTED.  Section 66.615, Wis. Stats., is adopted by reference and made a part hereof.

(2)   SIDEWALKS LAID IN CITY.  All sidewalks laid in the City shall be kept in good repair by the adjacent owner.  If the owner fails to comply with this subsection, repairs will be made in accordance with sub. (6).

(3)   SIDEWALK, CURB SIDE AND GUTTER INSTALLATION. (Rep. & recr. #2111; Am. #2111.2) Sidewalks, curb sides and gutters may be constructed on each side of the street and adjacent to each property in the City whenever new streets are added and installed, or when existing streets are replaced, or when otherwise directed by the Common Council, except when in violation of Federal or State law, or when the Department of Public Works deems such construction not feasible under the specific circumstances of the individual neighborhood or neighborhoods.  The standard width of sidewalks shall be 6 feet unless a different width is specified by the Engineering Department.  Standard sidewalks shall be constructed of concrete only, which shall be not less than 5 inches thick.

(4)   CONTRACTOR TO PERFORM SATISFACTORY WORK.  The contractor shall construct the sidewalk, driveway approach or curb and gutter so no settlement, crack or any other defect due to bad material or faulty workmanship shall appear therein for during the 2-year bond guaranty period.  If the walk fails to conform to this requirement, the contractor shall repair it or, if necessary, reconstruct it, according to any order that may be given by the City.

(5)   TREES TO BE PRESERVED. Trees shall not be injured, cut down or otherwise disturbed except by permission of the City. Root removal and protection shall be in compliance with the standard specifications.

(6)   COMPULSORY REPAIR.

(a)   Board of Public Works May Order  . The Board of Public Works may order any sidewalk which is unsafe, defective or insufficient to be repaired or removed and replaced with a sidewalk in accordance with the standard fixed by the Council. 

(b)   Notice to Property Owner  . An order directing such removal, replacement or repair shall be served upon the owner of each lot or parcel of land in front of which such work has been ordered by the Board by personally delivering the same to the owner or his agent or, if the owner or his agent cannot be found in the City, by mailing a copy of such order to the last known address of the owner or by publishing the order in the official newspaper. 

(c)   Default of Owner  . Whenever any owner fails for 20 days after service of such notice to remove, replace or repair such sidewalk, the City may cause such work to be done at the expense of such owner pursuant to § 62.15(2), Wis. Stats. 

(d)   Minor Repairs  . When the cost of repair of any sidewalk in front of any lot or parcel of land does not exceed $100.00, the Board may immediately repair such sidewalk without notice and charge the owner thereof the cost of such repair in the manner provided in sub. (1). 

(e)   Expense  . The Board of Public Works shall keep an accurate account of the expense of the work done and report the same to the Comptroller, who shall enter the amount in the tax roll as a special tax against such lot or parcel of land.  The Council may provide that the Director of Public Works or his representative shall perform the duties imposed by this section on the Board of Public Works. 

3.08  SPECIAL ASSESSMENT POLICIES AND PROCEDURES. 

(1)   STREETS, ALLEYS AND SIDEWALKS; PRORATION OF CONSTRUCTION COST. (Rep. & recr. #1429) For the purpose of encouraging the paving of streets, alleys and sidewalks in the City and having the cost of these improvements equitably apportioned between the City and the abutting property owners, the cost shall be prorated as follows:

(a)   Intersections  . The cost of paving or opening of all street and alley intersections shall be borne as a total project cost and shall be made a part of the total cost of such project being equally distributed to all assessable frontage. 

(b)   Sidewalk  . The cost of the sidewalk portion of handicap ramp paving and all sidewalk radius paving within intersections shall be borne by the City. 

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