CHAPTER 8
PUBLIC WORKS
8.01Establishment of Grades
8.02Alteration of Grade Prohibited
8.03Special Assessments for Street and Other Improvements
8.04Sidewalk Construction and Repair
8.05Excavations of Streets, Alleys, Public Ways and Grounds
8.06Regulations Governing Excavations and Openings
8.07Obstructions and Encroachments
8.08Removal of Rubbish and Dirt
8.09Burning in Streets Prohibited
8.10Snow and Ice Removal
8.11Terrace Areas
8.12Driveways, Permits and Installation Requirements
8.13Permittee Liable for Damage or Injury
8.14Contracts for Public Construction
8.15Trees and Shrubs
8.16Building Numbering System Established
8.25Penalty

8.01 ESTABLISHMENT OF GRADES.

Every building hereafter erected, structurally altered or relocated shall be at a grade approved Superintendent of Public Works as being in satisfactory relationship with the established street and alley grades, or with the existing street and alley grade, where none is established, with particular consideration for proper drainage and safe vehicular access.

8.02 ALTERATION OF GRADE PROHIBITED.

No person shall alter the grade of any street, alley, sidewalk or public ground or any part thereof in the Village by any means whatsoever unless authorized or instructed to do so by the Village Board or the Superintendent of Public Works. All such alterations of grade shall be recorded in the office of the Village Clerk or the officer authorizing the alteration.

8.03 SPECIAL ASSESSMENT POLICIES AND PROCEDURES.

Special assessments levied against properties benefited by public works projects shall be in accordance with the following policies and procedures:

(1) DEFINITIONS.

"Arc Distance" shall be the distance between 2 points on a curved line measured along the line.

"Building Setback Line" shall mean a line a certain distance from the property line of a parcel as established by Village Code.

"Chord Distance" shall mean the measured straight line distance between 2 points on a curved line.

"Corner Lot" shall mean a lot or parcel which has a public street right-of-way abutting 2 adjacent sides of the lot or parcel.

"Dual Frontage– Noncorner Lot" shall mean a lot or parcel which has a public street right of way abutting 2 nonadjacent sides of the lot or parcel.

"New Street Opening" shall mean the construction of a new street in an established area which creates corner lots out of existing lots which were formerly not corner lots.

(2) PURPOSE. The purpose of this assessment policies and procedures section is to provide fair and equitable cost recovery for the construction, reconstruction, improvement, and preservation of sidewalks, streets, curbs, gutters, sanitary sewers and water mains in the Village by the levy of special assessments.

(3) ADMINISTRATIVE POLICIES.

(a) Lots Already Serviced by Public Infrastructure. No assessment for sanitary sewer or water main shall be levied against a parcel already served with sanitary sewer or water main unless such parcel may be divided or subdivided in accordance with the Zoning and Development Code in which case the assessment shall be computed in accordance with the policies set forth herein. The additional assessment for the newly created parcel shall be imposed as a condition of the approval of said parcel pursuant to §236.45, Wis. Stats.

(b) Payment of Assessments.

1. Assessment Notice. Upon completion of the work or improvement for which a special assessment has been levied and upon certification by the Superintendent of Public Works or Village Engineer that such work or improvement has been completed, the Village Clerk-Treasurer shall bill the property owner by invoice for the full amount of the assessment. Such invoice shall notify the property owner that he may elect to pay the invoice in full without interest within 30 days of the date of the invoice or to pay by installments with interest as hereinafter provided.

2. Cash Payment. Payment of the assessment shall be made to the Village Clerk-Treasurer on or before the expiration of 30 days from the date of the Assessment Notice without interest. If the invoiced amount is not paid within 30 days, and the property owner does not notify the Village of his intention to pay or challenge the assessment, the full assessment shall be placed on the tax roll for collection by installment payment, as provided below.

3. Installment Payment. If the property owner should elect, payment of the full assessment may be made in installments over a period established by the Village Board but not to exceed 10 years. On a multiyear plan the full amount of the assessment shall be paid in equal annual installments with real estate taxes and shall include interest on the unpaid balance. The first installment shall be due and payable with real estate taxes for the current year and the installment shall include the interest commencing with date shown on the Assessment Notice. Special assessment installments must be paid in full for each installment at the time the first installment for payment of real estate taxes is due.

4. Prepayment. If the property owner should elect, payment in full of the unpaid assessment balance with interest to the date of payment may be made at any time before the final installment becomes due.

6. Interest. Interest at an annual rate shall be determined by the Village Board for each improvement subject to special assessment. The interest rate charged by the Village shall be 2 percent over the Village's current borrowing rate at the time of imposing the special assessment.

(c) Deferment of Assessments. Pursuant to §66.0715, Wis. Stats., the due date of any special assessment levied against property abutting on or benefited by a public improvement may be deferred on such terms and in such manner as prescribed by the Village Board while no use of the improvement is made in connection with the property. All deferments shall end when connection to the facility or use of the facility is made. Any assessments deferred may be prepaid upon the same terms and conditions as installment assessments. All deferred assessments shall carry interest from the date of the final notice of assessment.

(d) Sale or Transfer of Property Ownership and Land Splits. When there is a land split or a sale or transfer of ownership of a property on which an assessment exists, the following conditions will apply:

1. The sale or transfer of property ownership shall require all outstanding assessments to become due and payable in a lump sum payment from the original owner of the property.

2. Under a land split, the original assessment shall be reallocated between the original parcel and newly created parcel(s) in the same manner as the assessment was originally levied. The assessment on the newly created parcels shall become due and payable in a lump sum payment from the original owner of the property. If the original assessment was being paid in annual installments, the reallocated assessment on the original parcel may continue to be paid in installments.

(e) Hardship Deferment.

1. The Village Board may grant hardship deferments for any installment of a special assessment. Hardship deferments may be granted only on a year-to-year basis and must be applied for by the person seeking the hardship deferment each year that the deferment is sought. The deferred special assessment shall become due in total, however, at such time as the property is sold or transferred to an heir or assignee. The deferment, if granted by the Village Board, shall affect only the special assessment installment and shall have no affect on the real estate taxes.

2. Generally the qualifications for a hardship deferment shall be the same criterion needed for the granting of Wisconsin Homestead Tax Relief credit. A person must be at least 18 years of age and own the real estate upon which the assessment is levied. The real estate must be the homestead of the applicant. The maximum income amount will change from year to year as Wisconsin Homestead Tax Relief maximum figures change. Except as provided for above, all other rules for the Wisconsin Homestead Tax Relief shall apply.

(4) SIDEWALK ASSESSMENTS.

(a) General. The basis for sidewalk assessments shall be by the assessable square footage of each benefited property within an assessment district.

(b) Assessable Costs.

1. Assessable sidewalk costs shall include the total costs for construction, inspection, engineering, legal, restoration costs such as pavement repair and landscaping, and necessary administrative costs.

2. The amount to be levied against an abutting property owner shall be determined by dividing the total project cost by the total assessable square footage of sidewalk of properties abutting the improvement. The resulting rate per square foot shall be applied by multiplying the rate by the abutting square footage of sidewalk of the individual properties.

3. When an existing sidewalk is reconstructed, repaired, or replaced or relocated, the total assessable cost shall be 50 percent of the total project cost.

4. When replacement of public sidewalk at a grade different from the grade previously existing results in damage to or misalignment with any abutting private sidewalk, those portions of the private sidewalk which must be removed and replaced in order to safely meet the grade of the new public sidewalk shall be 50 percent assessable to the property owner. New or replacement private sidewalk other than as referenced above shall be at the property owner's option and full cost.

5. Replacement of public sidewalk within 5 years of its initial placement shall be assessed at a cost of 25 percent of the total project cost.

6. New sidewalk is 100 percent assessable to property owner.

(c) Assessable Frontage. The assessable linear frontage shall be determined as follows:

1. Corner Lots. The assessable frontage for a corner lot shall be the frontage of both sides of the parcel. The Village shall be responsible for paying for the intersection portion of the sidewalk.

2. Street Openings. In new streets that are not part of an original subdivision or existing development the newly created corner lot is exempt from assessment up to a 132 foot depth. However, if the purpose of the new street is to provide access to lands with limited access or no access, the owner of the lands to which access is being provided shall be 100 percent responsible for the sidewalk assessment in the new street. If the newly created lot(s) is sold or transferred to an heir or assignee within 5 years of the date of the final resolution the sidewalk will become 100 percent assessable to the corner lot(s) owner.

3. Cul-De-Sac. The assessable frontage for sidewalks bordering cul-de-sacs shall be the arc distance of the right-of-way line of the parcel. The Village shall be responsible for paying for the intersection portion of the sidewalk.

4. Curved Streets. The assessable frontage for sidewalks bordering curved streets shall be the arc distance of the right-of-way line of the parcel.

5. Exceptions. Parcels which do not meet the above criteria will be handled on an individual basis. As each special situation is decided, it will become policy for the future decision of a similar nature.

(5) WATER MAIN ASSESSMENTS.

(a) General. The basis for water main assessments shall be by the unit basis, an area acreage basis, or by the assessable linear footage or frontage of each benefited property within an assessment district.

(b) Assessable Costs.

1. The front foot assessment for residential, commercial, institutional, and industrial zoned properties shall be based on the equivalent size water main required to service the properties within the assessment district in accordance with sections NR111 and PSC 185, Wis. Adm. Code. The assessment rates shall be determined by the Village Board and as recommended by the Superintendent of Public Works and the Village Engineer. The minimum equivalent diameter size main for residential purposes shall be 6 inches and the minimum equivalent diameter size main for commercial, industrial, or institutional purposes shall be 8 inches. Water mains and appurtenances within public rights of way and within easements shall be assessed back to the respective assessment district as directed by the Village Board.

2. Assessable water main costs shall include the total costs for water mains, valves, hydrants and related appurtenances. Costs involving inspection, engineering, legal, restoration costs such as pavement repair and landscaping, and necessary administrative costs to complete a project shall also be assessed back to the respective assessment district.

3. Costs that benefit an entire area shall not be assessed on the basis of a front foot assessment but shall be assessed separately as an area acreage wide assessment. The type of project cost that would benefit an area include main oversizing, pump stations, water towers, reservoirs, system controls, well, and pressure boosting stations.

4. The unit assessment method shall be used when it is determined by the Village that all or most of the parcels to be serviced by the improvement are approximately the same size, such as in a platted subdivision.

5. If so warranted and determined by the Village Board, a combination of unit, area, and frontage assessments may be levied within an assessment district when applicable.

(c) Assessable Frontage. The assessable linear frontage shall be determined as follows:

1. Corner Lots.

a. If the water main is installed in both streets, the assessable frontage shall be adjusted by averaging the frontage of both sides of the parcel.

b. If the water main is installed in one street, the assessable frontage shall be adjusted by averaging the frontage of both sides of the parcel.

c. If the parcel is fronted by 3 streets, the assessable frontage shall be adjusted by averaging the longest and shortest sides of the parcel.

2. Large Corner Lots. If the parcel is a large tract of land, the assessable frontage shall be determined as follows:

a. Assume a future corner lot which complies with the minimum present zoning ordinance and apply the corner lot policy from above.

b. The balance of the frontage shall be considered to be full assessable linear frontage.

3. Dual Frontage– Noncorner Lot. If the parcel has frontage on 2 streets, the assessable frontage shall be the frontage on the street with the service connection only if the lot cannot be subdivided into an additional lot or lots complying with the present zoning ordinance. If the parcel can be split and receives a service connection on both streets, both frontages shall be assessed. If only one frontage receives a service connection, future connections from the other street shall be assessed in accordance with sub. (3)(c).

4. Street Openings. In new streets that are not part of an original subdivision or existing development the newly created corner lot is exempt from assessment up to a 132 foot depth. However, if the purpose of the new street is to provide access to lands with limited access or no access, the owner of the lands to which access is being provided shall be 100 percent responsible for the water main assessment in the new street. If the newly created lot(s) is sold or transferred to an heir or assignee within 5 years of the date of the final resolution the water main will become 100 percent assessable to the corner lot(s) owner.

5. Cul-De-Sac. The assessable frontage for water mains within a cul-de-sac shall be the chord distance of the building set back line of the parcel where it intersects the side lot lines.

6. Curved Streets. The assessable frontage for water mains within a curved street shall be the chord distance of the building set back line of the parcel where it intersects the side lot lines.

7. Exceptions. Parcels which do not meet the above criteria will be handled on an individual basis. As each special situation is decided, it will become policy for the future decision of a similar nature.

(d) Water Services.

1. Construction and Size. Water services shall be constructed from the main to the lot line of the parcel. The minimum diameter size for the water service shall be one inch.

2. Unit Assessment. Total project costs for the construction and installation of water services shall be assessed back to each serviced property within the assessment district on a per unit basis. The charge per unit shall be computed by dividing total water service project costs by the number of water services constructed and installed in the assessment district.

(6) SEWER MAIN ASSESSMENTS.

(a) General. The basis for sanitary sewer assessments shall be by the unit basis, an area acreage basis, or by the assessable linear footage or frontage of each benefited property within an assessment district.

(b) Assessable Costs.

1. The front foot assessment for residential, commercial, institutional, and industrial zoned properties shall be based on the equivalent size sanitary sewer required to service the properties within the assessment district. The assessment rates shall be determined by the Village Board and as recommended by the Superintendent of Public Works and the Village Engineer. The minimum equivalent diameter size sanitary sewer for residential purposes shall be 8 inches and the minimum equivalent diameter size sanitary sewer for commercial, industrial, or institutional purposes shall be 10 inches. Sanitary sewers and appurtenances within public right of ways and within easements shall be assessed back to the respective assessment district as directed by the Village Board.

2. The area acreage assessment for residential, commercial, institutional, and industrial zoned properties shall be levied when as determined by the Village Board to the respective assessment district. The assessment rates shall be determined by the Village Board and as recommended by the Superintendent of Public Works and the Village Engineer. The minimum equivalent diameter size sanitary sewer for residential purposes shall be 8 inches and the minimum equivalent diameter size sanitary sewer for commercial, industrial, or institutional purposes shall be 10 inches. Sanitary sewers and appurtenances within public rights of way and within easements shall be assessed back to the respective assessment district as directed by the Village.

3. Assessable sanitary sewer costs shall include the total costs for sanitary sewers, manholes, pump stations, force mains and related appurtenances. Costs involving inspection, engineering, legal, restoration costs such as pavement repair and landscaping, and necessary administrative costs to complete a project shall also be assessed back to the respective assessment district.

4. The unit assessment method shall be used when it is determined by the Village that all or most of the property parcels to be serviced by the improvement are approximately the same size as in a platted subdivision.

5. If so warranted and determined by the Village, a combination of unit, area, and frontage assessments may be levied within an assessment district when applicable.

(c) Assessable Frontage. The assessable linear frontage shall be determined as follows:

1. Corner Lots.

a. If the sanitary sewer is to be installed in both streets, the assessable frontage shall be adjusted by averaging the frontage of both sides of the parcel.

b. If the sanitary sewer is installed in one street, the assessable frontage shall be adjusted by averaging the frontage of both sides of the parcel.

c. If the parcel is fronted by 3 streets, the assessable frontage shall be adjusted by averaging the longest and shortest sides of the parcel.

2. Large Corner Lots. If the parcel is a large tract of land, the assessable frontage shall be determined as follows:

a. Assume a future corner lot which complies with the minimum present zoning ordinance and apply the corner lot policy from above.

b. The balance of the frontage shall be considered to be full linear assessable frontage.

3. Dual Frontage– Noncorner Lot. If the parcel has frontage on 2 streets, the assessable frontage shall be the frontage on the street with the lateral service connection only if the lot cannot be subdivided into an additional lot or lots complying with the present zoning ordinance. If the parcel can be split and receives a service connection on both streets, both frontages shall be assessed. If only one frontage receives a service connection, future connections from the other street shall be assessed and deferred in accordance with sub. (3)(c).

4. Street Openings. In new streets that are not part of an original subdivision or existing development the newly created corner lot is exempt from assessment up to a 132 foot depth. However, if the purpose of the new street is to provide access to lands with limited access or no access, the owner of the lands to which access is being provided shall be 100 percent responsible for the sanitary sewer assessment in the new street. If the newly created lot(s) is sold or transferred to an heir or assignee within 5 years of the date of the final resolution the sanitary sewer will become 100 percent assessable to the corner lot(s) owner.

5. Cul-De-Sac. The assessable frontage for sanitary sewers within a cul-de-sac shall be the chord distance of the building set back line of the parcel where it intersects the side lot lines.

6. Curved Streets. The assessable frontage for sanitary sewers within a curved street shall be the chord distance of the building set back line of the parcel where it intersects the side lot lines.

7. Exceptions. Parcels which do not meet the above criteria will be handled on an individual basis. As each special situation is decided, it will become policy for the future decision of a similar nature.

(d) Sewer Service Laterals.

1. Construction and Size. Sanitary sewer service laterals shall be constructed from the sanitary sewer to the lot line of the parcel. The minimum diameter size for the service lateral shall be 6 inches.

2. Unit Assessment. Total project costs for the construction and installation of sanitary sewer laterals shall be assessed back to each serviced property within the assessment district on a per unit basis. The charge per unit shall be computed by dividing total sanitary sewer lateral project costs by the number of sewer laterals constructed and installed in the assessment district. The cost associated with installing sanitary sewer lateral risers shall not be included in the sewer lateral project cost but shall be included in the costs associated with the sanitary sewer mains.

(7) STREET IMPROVEMENT ASSESSMENTS.

(a) Development of New Streets. The developer or owner of any new development within the Village shall be responsible for the full cost of all street and other improvements within the proposed public right of way as set forth in §17.12(8) of the Village of Palmyra Zoning and Development Code and any other Village ordinances and resolutions.

(8) CURB AND GUTTER ASSESSMENTS.

(a) General. The basis for curb and gutter assessments shall be by the assessable linear footage or frontage of each benefited property within an assessment district. The special assessment of curb and gutter will be in addition to any other assessments.

(b) Assessable Costs.

1. Assessable curb and gutter improvement costs shall include the total costs for the removal of existing curb and gutter, replacement of base material, installation of new curb and gutter, and reconstruction of the curbway including but not limited to the realignment and regarding of the curbway. Costs involving inspection, engineering, legal, restoration costs such as pavement replacement, landscaping, and necessary administrative costs to complete a project shall also be assessed back to the respective assessment district.

2. When existing curb and gutter is reconstructed, repaired, or replaced, the total assessable cost shall be 50 percent of the total project costs.

3. New curb and gutter for all existing Village streets as of June 1, 1997, is 50 percent assessable to property owner.

4. The developer or owner of any new development within the Village shall be responsible for the full cost of all curb and gutter improvements within the proposed public right-of-way as set forth in other Village ordinances and resolutions.

5. The Village shall be responsible for all curb and gutter improvement costs for intersections and those segments where the abutting property is zoned floodplain or lowland conservancy.

6. Replacement of curb and gutter within 5 years of its initial placement shall be assessed at a cost of 25 percent of the total project cost.

(c) Accessible Frontage. The assessable linear frontage shall be determined as follows:

1. Corner Lots. The assessable frontage for a corner lot shall be the frontage of both sides of the parcel. The Village shall be responsible for paying for the intersection portion of the curb and gutter.

2. Dual Frontage– Noncorner Lot. If the parcel has frontage on 2 streets, the assessable frontage shall be the frontage on the street to which the lot or parcel has primary access only if the lot or parcel cannot be subdivided into an additional lot or lots complying with the present zoning ordinance.

3. Street Openings. In new streets that are not part of an original subdivision or existing development the newly created corner lot is exempt from assessment up to a 132 foot depth. However, if the purpose of the new street is to provide access to lands with limited access or no access, the owner of the lands to which access is being provided shall be 100 percent responsible for the curb and gutter assessment in the new street. If the newly created lot(s) is sold or transferred to an heir or assignee within 5 years of the date of the final resolution the curb and gutter will become 100 percent assessable to the corner lot(s) owner.

4. Cul-De-Sac. The assessable frontage for lots within a cul-de-sac shall be the chord distance of the building set back line of the lot where it intersects the side lot lines.

5. Curved Streets. The assessable frontage for curb and gutter along a curved street shall be the chord distance of the building set back line of the parcel where it intersects the side lot lines.

6. Exceptions. Parcels which do not meet the above criteria will be handled on an individual basis. As each special situation is decided, it will become policy for the future decision of a similar nature.

Editor's note: Prior to Update 01/19/04, §8.03 was maintained by the Village. Per the Village's instruction §8.03 has been replaced by the most current amended version and will in the future be updated as amended in the same manner as the rest of the Code.

8.04 SIDEWALK CONSTRUCTION AND REPAIR.

(1) OWNER TO CONSTRUCT. The abutting owner shall repair, construct and perpetually maintain sidewalks along or upon any street, alley or highway in the Village and pay 50 percent of the cost of construction or repair. The Village shall construct the sidewalk and the abutting property owner shall pay his percentage of the cost of construction. Whenever the Village Board shall by resolution determine that a sidewalk be laid, rebuilt, repaired, lowered or raised along or upon any public street, alley or highway within the Village, it shall proceed according to §66.615, Wis. Stats.

(2) PERMIT REQUIRED. No person shall hereafter lay, remove, replace or repair any public sidewalk within the Village unless he is under contract with the Village to do such work or has obtained a permit therefor from the Village Clerk or Superintendent of Public Works at least 7 days before work is proposed to be undertaken. No fee shall be charged for such permits.

(3) SPECIFICATIONS.

(a) Subgrade. The subgrade shall be prepared by excavating to the line, grade and cross section as established by the Village Board. Soft and unsuitable material shall be removed and replaced with sand or other satisfactory material, and the subgrade shall be thoroughly and uniformly compacted and moistened immediately before the concrete is placed. When so specified by the concrete is placed. When so specified by the Street Superintendent of Public Works a subbase of sand, sand and gravel or other approved porous material shall be placed under the sidewalk. On embankments the subgrade shall extend at least one foot beyond each edge of the sidewalk.

(b) Width and Thickness. New or replacement residential walks shall be 4 feet in width and not less than 4 inches thick except within driveway approaches where the minimum thickness shall be 6 inches.

8.05 EXCAVATIONS OF STREETS, ALLEYS, PUBLIC WAYS AND GROUNDS.

(1) PERMIT REQUIRED. No person shall make or cause to be made any opening or excavation in any public street, alley, way, ground, sidewalk or Village-owned easement within the Village without a permit from the Superintendent of Public Works.

(2) RESERVED. (Dltd. #07-03)

(3) INSURANCE REQUIRED. A permit shall be issued only upon condition that the applicant submit to the Superintendent of Public Works satisfactory written evidence that applicant has in force and will maintain during the time the permit is in effect public liability insurance of not less than $100,000 per person, $300,000 for one accident and property damage coverage of not less than $50,000.

(4) BOND. Before a permit for excavating or opening will be issued, the applicant must execute and deposit with the Clerk an indemnity bond in the sum of at least $1 per square foot of the proposed opening, with a minimum bond of $100 per opening. Such bond shall be conditioned upon applicant's filling up and placing in good repair and safe condition, all excavations and openings made under the permit and his replacement and restoring of the pavement and or natural surface as near as can be to the state and condition he found it before he made such openings and excavations.

8.06 REGULATIONS GOVERNING EXCAVATIONS AND OPENINGS.

(1) No openings in the streets, alleys, sidewalks or public ways shall be permitted when the ground is frozen except where it is deemed necessary by the Superintendent of Public Works.

(2) In any opening or excavation all paving or ballasting materials shall be removed with the least possible loss of or injury to surfacing materials and together with the excavated materials from the opening shall be placed so as to cause the least practicable inconvenience to the public and permit free flow of water along gutters.

(3) Every opening and excavation shall be enclosed with sufficient barriers. Sufficient warning lights shall be lit from sunrise to sunset. Such lights shall be spaced so as to give adequate warning of the existence of the opening and of piled excavated materials. No open flame warning pots shall be used. Except by special permission from the Street Superintendent, no trench shall be excavated more than 250 feet in advance of pipe or conduit laying nor left unfilled more than 500 feet where pipe or conduit has been laid.

(4) In opening any public street, alley, sidewalk, way, easement or ground, the paving materials, sand, gravel and earth or other material 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 Superintendent is not suitable for refilling shall be replaced with approved backfill material. All rubbish shall be immediately removed.

(5) The permittee shall notify the Superintendent and all public and private individuals, firms and corporations affected by the work to be done at least 24 hours before such work is to commence. The Superintendent shall also be notified at least 4 hours prior to backfilling or restoring the surface.

(6) Unless the work shall be commenced within 30 days of the issuance of the permit, the permit shall be void and a new permit must be obtained and an additional fee charged. The Superintendent may extend the time limitation for good cause.

(7) The permittee shall backfill the opening immediately upon completion of the work and place at least 5 inches of traffic bind or similar material in the opening unless otherwise advised by the Superintendent. The permittee shall maintain the opening in good condition for a period of 6 months after the completion of the work or until the surface has been restored. The Superintendent shall decide when within the 6 month period the opening is ready for paving if a paving surface is required. If the surface is not restored within a period of 10 days or such longer period as determined by the Superintendent, the Village may restore the surface and bill the permittee.

(8) In the event of an emergency any person owning or controlling any sewer, gas main, water main, conduit or other utility in or under any public street, alley, easement, way or ground and his agents and employees may take immediate proper emergency measures to remedy dangerous conditions for the protection of property, life, health or safety without obtaining an excavation permit, provided that such person shall apply for an excavation permit not later than the next business day.

(9) The application for a permit shall be in writing and signed by the applicant or his agent. The applicant shall submit to the Superintendent at the time the permit is applied for, sufficient information relating to the work to be done including the general location and nature of the work and the method applicant proposes to use in doing the work. The Superintendent shall determine if sufficient information is submitted.

(10) The provisions of this section shall not apply to excavation work done under the direction of the Superintendent by Village employees or contractors performing work under contract with the Village except that the safety precautions under sub. (3) shall be complied with.

8.07 OBSTRUCTIONS AND ENCROACHMENTS.

(1) PROHIBITED. No person shall encroach upon or in any way obstruct or encumber any street, alley, sidewalk, ground or land dedicated to public use, or any part thereof, or permit such encroachment or encumbrance to be placed or remain on any public way adjoining the premises of which he is the owner or occupant, except as provided in sub. (2). Such encroachments shall consist of but not be limited to chairs, tables, signs, shipping containers and personal possessions.

(2) EXCEPTIONS. The prohibition of sub. (1) shall not apply to the following:

(a) Signs or clocks attached to buildings which project no more than 6 feet from the face of such building and which do not extend below any point 10 feet above the sidewalk, street or alley.

(b) Awnings which do not extend below any point 7 feet above the sidewalk, street or alley.

(c) Public utility encroachments authorized by State law or by the Village Board.

(d) Only those goods and merchandise expressly for sale or rental may be displayed and only for the period from April 1st to November 1st and only if such material does not extend more than 3 feet from the premises.

(e) Racks or platforms for the display of merchandise at least 18 inches above the sidewalk and extending not more than 24 inches from the building to which attached.

(f) Building materials for the period authorized by the Village Board which shall not obstruct more than 1/2 of the sidewalk or more than 1/3 of the traveled portion of the street and which do not interfere with flow in the gutters.

8.08 REMOVAL OF RUBBISH AND DIRT.

No owner or occupant shall allow the sidewalk abutting on his premises to be littered with rubbish or dirt. If such owner or occupant shall refuse or fail to remove any such rubbish or dirt when notified to do so by the Village Board, the Board may cause the same to be done and report the cost thereof to the Village Clerk who shall spread the cost on the tax roll as a special tax against the premises or such cost may be recovered in an action against the owner or occupant.

8.09 BURNING IN STREETS PROHIBITED.

No person shall burn any leaves, trash, rubbish or other materials within the traveled portion of a roadway.

8.10 SNOW AND ICE REMOVAL.

(1) OWNER'S RESPONSIBILITY. The owner, occupant or person in charge of each and every building or structure or unoccupied lot in the Village fronting or abutting any street shall clean or cause to be cleaned the sidewalk in front of or adjoining each such home, building or unoccupied lot, as the case may be, of snow or ice to the width of such sidewalk within 24 hours after each snowfall, and shall cause the same to be kept clear from ice and snow, provided that when the ice has formed on any sidewalk so that it cannot be immediately removed, the person herein referred to shall keep the same sprinkled with salt, sawdust or sand.

(2) CLEARANCE OF WALKS BY VILLAGE. The Village shall cause all sidewalks that have not been cleared of snow and ice as required by sub. (1) above to be cleared upon default of the person whose duty it is to clear or sprinkle the same. The Superintendent of Public Works shall inform the Village Clerk of all sidewalks cleared by the Department of Public Works and of the surface area of those sidewalks.

Unless otherwise indicated, the fee for the removal of snow and ice under this chapter shall be as indicated on the schedule of fees posted in the office of the Village Clerk and adopted herein by reference. The Village Clerk shall annually enter such charges in the tax roll as a special assessment against such lot or parcel of land and the same shall be collected in all respects like other general property taxes upon real estate. (Am. #02-1)

(3) OWNER LIABILITY. If the abutting property owner fails to comply with the provisions in sub. (1), he shall assume primary liability for damage or injury to property or persons resulting from such failure.

(4) PLOWING SNOW ONTO VILLAGE STREETS PROHIBITED. (Cr. #95-5) No person shall plow or place snow from private property onto the Village streets so as to necessitate further removal by the Department of Public Works.

8.11 TERRACE AREAS.

(1) DEFINITION. The definition of "terrace area" shall be as defined in §8.15(2).

(2) NOXIOUS WEEDS; PAVING. All that part of the terrace not covered by a sidewalk shall be kept free and clear of all noxious weeds and shall not be paved, surfaced or covered with any material which shall prevent the growth of plants, and shall be maintained as a lawn, except in areas specifically approved by the Village Board or its designee.

(3) RESPONSIBILITY TO MAINTAIN. Every owner of land in the Village whose land abuts a terrace is required to maintain or have maintained by his tenant the terrace directly abutting such land as provided in this section and elsewhere in this Code. Every owner shall keep mailboxes located on a terrace free and clear of snow.

8.12 DRIVEWAYS, PERMITS AND INSTALLATION REQUIREMENTS.

(1) PERMIT REQUIRED. Unless otherwise especially permitted by resolution of the Village Board, upon written application giving the reason therefor, no person shall construct, repair or reconstruct any driveway across or through any sidewalk or curbing without having first obtained a permit from the Village Board, for which a fee of $10 shall be charged. Such permit shall be issued upon application form provided by the Village and shall contain such information as the Board shall deem necessary. No permit shall be necessary for repair which does not exceed 18 square feet unless the Superintendent deems it necessary in his sole discretion.

(2) INSTALLATION REQUIREMENTS.

(a) No driveway shall exceed 24 feet in width at the outer or street edge of the sidewalk except by specific resolution of the Village Board.

(b) No driveway shall be closer than 10 feet to extended street line at an intersection.

(c) No driveway apron shall extend out into the street further than the facing of the curb. All driveway entrances and approaches shall be so constructed as not to interfere with the drainage of streets, side ditches or roadside areas or with any existing structure on the right-of-way. When required by the Village Board so as to provide for adequate surface water drainage along the abutting street, the property owner shall provide any necessary culvert pipe at such owner's expense.

(d) Not more than one driveway entrance and approach shall be constructed for any lot or premises except where deemed necessary and feasible without the impairment of safety, convenience and utility of the street by the Village Board. Driveway approaches shall be at least 16 feet apart except by special permission from the Board, and driveways shall in all cases be placed wherever possible as not to interfere with utilities in place. Any costs of relocating utilities shall be the responsibility of the property owner with approval of the Board necessary before any utility may be relocated and the driveway installed.

(e) Driveways shall not be less than 6 inches in depth, including the sidewalk portion, and a sidewalk permit is also required for the sidewalk portion of the driveway.

(f) Permit applications shall be made at least 24 hours in advance of intended installation but this shall not be deemed to be a limitation of time within which a permit must be granted, and the Superintendent shall have such time as reasonably necessary for examination and consideration of any application before granting the permit, subject always to specific direction of the Village Board.

(g) In no case shall any driveway be installed prior to commencement of new construction on the premises to be served by such driveway if such driveway is intended to service such new building or buildings following completion of construction.

(3) CULVERT INSTALLATION REQUIREMENTS. A corrugated metal culvert pipe of the size and length as specified by this subsection shall be installed:

(a) Residential minimum length will be 20 feet.

(b) Minimum size on all culverts will be 15 inches unless otherwise approved by the Superintendent of Public Works.

(c) All culverts will have flare ends.

(d) At a distance of 10 feet from the edge of the bituminous pavement the finished grade of the driveway shall be at least 5 inches below the grade of the edge of the adjacent roadway and 5 feet from the property line.

(e) All existing road regulations shall be complied with and the installation will be made without danger to or interference with Village roads.

(f) All driveway surfaces and filling immediately adjacent to the travelled way shall, unless specifically authorized above, slope away from the edge of the traveled way.

(g) Highway surfaces, slopes, shoulders, ditches and vegetation disturbed shall be restored by the applicant.

(h) The entire cost of installing and maintaining the culvert shall be borne by the applicant.

(i) The applicant shall be responsible for contacting all utility companies and shall be responsible for any damage done to any person or property resulting from or connected with the installation of such culvert.

8.13 PERMITTEE LIABLE FOR DAMAGE OR INJURY.

The permittee shall assume all responsibility for any injury or damage to persons or property resulting directly or indirectly during construction or repair of driveway approaches or entrances. When curb or gutter is removed, the new construction shall be of equivalent acceptable material and curb returns provided or restored in a neat, workmanlike manner. Driveway surfaces shall connect with the street pavement and sidewalk in a neat, workmanlike manner.

8.14 CONTRACTS FOR PUBLIC CONSTRUCTION. (Am. #93-5)

(1) CONTRACTS FOR PUBLIC CONSTRUCTION.

(a) Contracts for More Than $5,000 but Less Than $10,000. Any public construction contract, the estimated cost of which is more than $5,000 but less than $10,000 may be awarded to the contractor without bidding so long as the Village has published a Class I notice under Ch. 985, Wis. Stats., of the project before the contract is executed.

(b) Contracts for More Than $10,000. All contracts for public construction exceeding $10,000 shall be let by the Village board to the lowest responsible bidder in accordance with §66.29, Wis. Stats., insofar as such section may be applicable.

(c) Emergency. When damage or threatened damage is imminent to public facilities, the Village Board may declare an emergency if the public health and welfare of the Village is in danger. The public bidding requirements shall not be necessary for the repair or reconstruction of an emergency condition. Whenever the Village Board determines by majority vote at a regular or special Board meeting that an emergency no longer exists, all further construction contracts shall be administered pursuant to Wisconsin Statutes.

(2) The provisions of this section and §§61.55 and 144.04, Wis. Stats., are not mandatory for the repair and construction of public facilities when damaged or threatened damage thereto creates an emergency as determined by the Village Board, in which the public health or welfare of the Village is endangered. Whenever the Board by majority vote at a regular or special meeting declares that an emergency no longer exists, this exemption no longer applies.

8.15 TREES AND SHRUBS.

(1) STATEMENT OF POLICY AND APPLICABILITY.

(a) Intent and Purpose. It is the policy of the Village to regulate and establish policy for the control of planting, removal, maintenance and protection of trees and shrubs in or upon all public areas and terrace areas of the Village to eliminate and guard against dangerous conditions which may result in injury to persons using the streets, alleys, sidewalks or other public areas; to promote and enhance the beauty and general welfare of the Village; to prohibit the undesirable and unsafe planting, removal, treatment and maintenance of trees and shrubs located in public areas; and to guard all trees and shrubs both public and private within the Village against the spread of disease, insects or pests.

(b) Applicability. The provisions of this section shall apply to trees and shrubs growing or hereafter planted in or upon public areas and terrace areas and also to all trees and shrubs growing or to be planted in or upon any private premises which shall threaten the life, health, safety or welfare of the public or of any public areas.

(2) DEFINITIONS. Whenever the following words or terms are used in this section, they shall be construed to have the following meanings:

Clear-Sight Triangle. A triangle formed by the curb lines of 2 intersecting rights-of-way and a third line connecting a full view zone at corners of streets, alleys and highways.

Major Alteration. Trimming a tree beyond necessary trimming to comply with this section.

Person. A natural person, firm, association or corporation.

Public Areas. Includes all public parks and other lands owned, controlled or leased by the Village, except the terrace areas.

Public Nuisance.

1. Any tree or shrub or part thereof which by reason of its condition interferes with the use of any public area, infected with a plant disease, infested with injurious insects or pests, injurious to public improvement or endangers the life, health, safety or welfare of persons or property.

2. Dutch Elm Disease.

a. Any living or standing elm tree or part thereof infected with Dutch Elm disease fungus Ceratocyslis ulmi (Buisman) or which harbors any of the elm bark beetle Scolytus multistriatus (Eich.) or Hyurgopinus rufipes (Marsh.)

b. Any dead elm or part thereof, including logs, branches, stumps, firewood or other elm material not buried, burned or from which the bark has not been removed.

Public Trees and Shrubs. All trees and shrubs located or to be planted in or upon public areas.

Shrubs. Any woody vegetation or a woody plant having multiple stems and bearing foliage from the ground up.

Terrace Areas. The land between the normal location of the street curbing and sidewalk. Where there is no sidewalk, the area 4 feet from the curb line shall be deemed to be a terrace for the purpose of this section. Where there is no curb, the area from the property line to the traveled portion of the road shall be deemed to be a terrace area.

Tree. Any woody plant, normally having one stem or trunk bearing its foliage or crown well above ground level to heights of 16 feet or more.

Village. The Village of Palmyra, Wisconsin.

(3) AUTHORITY OF VILLAGE FORESTER TO ENTER PRIVATE PREMISES.

(a) The Village Forester shall be the chairman of the Streets and Sidewalks Committee or a Village official or employee designated by the Village President, subject to confirmation by the Village Board.

(b) The Village Forester or his authorized representative may enter upon private premises at all reasonable times for the purpose of examining any tree or shrub located upon or over such premises and carrying out any of the provisions of this section.

(4) INTERFERENCE WITH VILLAGE FORESTER PROHIBITED. No person shall interfere with the Village Forester or his authorized representative while they are engaged in carrying out any work or activities authorized by this section.

(5) ABATEMENT OF DUTCH ELM DISEASE.

(a) Whenever the Village Forester shall find with reasonable certainty on examination or inspection that any Dutch Elm disease public nuisance as defined herein exists within the Village, he shall cause it to be sprayed, removed, burned or otherwise abated in such manner as to destroy or prevent as fully as possible the spread of Dutch Elm disease fungus or the insects, pests or vectors known to carry such disease.

(b) Before abating any nuisance on private premises or in any terrace strip between the lot line and the curb, the Village Forester shall proceed as follows:

1. If the Forester determines that danger to other elm trees within the Village is imminent, he shall notify the owner or abutting owner of the property on which such nuisance is found, in writing, if he can be found, otherwise by publication in a newspaper of general circulation in the Village, that the nuisance must be abated as directed in the notice within a specified time, which shall not be less than 30 days from the date of such notice unless the Forester finds that immediate action is necessary to prevent the spread of infection.

2. Subject to sub. (15), if the owner fails to comply with the notice within the time limited, the Forester shall cause the abatement thereof.

(c) No damage shall be awarded to the owner for destruction of any elm tree, elm wood, elm material or any part thereof pursuant to this section.

(6) ASSESSMENT OF COSTS OF ABATEMENT.

(a) The entire cost of abating any public nuisance as defined herein shall be charged to and assessed against the parcel or lot abutting on the street, alley, boulevard or parkway upon or in which such tree is located or the parcel or lot upon which such tree stands in accordance with §§66.60(16) or 27.09, Wis. Stats. The cost of abating any such nuisance or part thereof which is located in or upon any park or public grounds shall be borne by the Village.

(b) A special tax may be levied against the property for the cutting down and removal of any elm tree infected with Dutch Elm disease. The special tax may be paid in yearly installments not exceeding 4 yearly installments if the property owner requests in writing the privilege of paying the special tax in installments. Interest on the deferred payments shall be at the rate of 10% on the unpaid balance.

(7) PERMIT FOR PLANTING, MAINTENANCE AND REMOVAL OF TREES AND SHRUBS.

(a) Permit Required. No person, except upon order of the Village Forester, shall plant, remove or do major alterations as determined by the Forester on a tree or shrub in the public right-of-way terrace area or any public area or cause such act to be done by without first obtaining a written permit for such work from the Village Clerk.

(b) Exemptions. No permit shall be required to cultivate, fertilize or water trees or shrubs. No permit is necessary to plant trees inside the property line.

(c) Requirements and Conditions. If the Village Forester determines that the proposed work or planting described in an application for a permit is necessary and in accord with the purposes of this section taking into account the safety, health and welfare of the public, location of utilities, public sidewalks, driveways and street lights, general character of the area in which the tree or shrub is located or proposed to be located, type of soil, characteristics and physiological need of the genus, species and variety of tree or shrub, he shall have the Clerk issue a permit to the applicant.

(d) Form, Expiration, Inspection. Every permit shall be issued by the Village Forester on a standard form and shall include a description of the work to be done and shall specify the genus, species and variety, size, nursery grade and location of trees or shrubs to be planted, if any. Any work under such permit must be performed in strict accordance with the terms thereof and the provisions of this section. Permits issued under this section shall expire 6 months after date of issuance. There will be no charge for this permit.

(e) Permits to Public Utilities.

1. Whenever a permit is issued under this section to a public utility to remove, trim, prune, cut, disturb, alter or do surgery on any public tree or shrub, the Village Forester shall limit the work to be done to the actual necessities of the utility and may assign an inspector to supervise the work done under the provisions of the permit. The expense of such inspection or supervision shall be charged to the utility at the usual Village rate.

2. A public utility may secure an annual working agreement with the Village Forester's office which gives the Forester the authorization to supervise and direct work done associated with trees and shrubs.

(8) PLANTING OF TREES AND SHRUBS.

(a) Planting.

1. The size and genus, species and variety of trees and shrubs to be planted in public areas and terrace areas and the manner of planting shall be submitted to the Village Forester for approval before commencement of such work as a part of the permit application process required in sub. (7).

2. There shall be a minimum distance of 16 feet and a recommended distance of 25 feet to 50 feet between terrace area trees depending upon the size of tree and other factors. Terrace trees shall be planted equal distance between the sidewalk or proposed sidewalk and back of the curb or proposed back of curb. In terrace areas less than 3 feet in width planting will not be permitted.

3. Pine or fir trees shall not be planted in a terrace area.

4. (Rep. #96-4)

(b) Unlawfully Planted Trees. Trees, plants or shrubs planted within any terrace or planting easement without the authorization and approval of the Village Forester may be removed. The Forester shall notify the abutting owner in writing, listing the unlawfully planted trees, plants or shrubs, ordering their removal and establishing a reasonable time within which such removal shall be accomplished. If removal is not to be accomplished within the time specified, the Village may remove such trees, plants or shrubs and assess the costs thereof to the owner.

(9) TRIMMING.

(a) Trees and shrubs standing in or upon any terrace area, public areas or upon any private premises adjacent to any public right-of-way or public access areas shall be kept trimmed so that the lowest branches projecting over the public street or alley provide a clearance of not less than 10 feet except on a designated truck route where clearance shall not be less than 13 1/2 feet. The Village Forester may waive the provisions of this section for newly planted trees if he determines that they do not interfere with public travel, obstruct the light of any street light or endanger public safety.

(b) The necessity of the pruning may be determined by the Village Forester.

(c) Clearance from sidewalk to lower branches shall not be less than 8 feet.

(d) All cuts above one inch diameter shall be treated with a tree would compound.

(10) OBSTRUCTING VIEW AT INTERSECTIONS AND TRAFFIC SIGNS.

(a) Notwithstanding any other provision of this section, no person shall maintain, plant or permit to remain on any private or public premises situated at the intersection of 2 or more streets or alleys in the Village, any hedge, tree, shrub or other growth which may obstruct the view of the operator of any motor vehicle or pedestrian approaching such intersection.

(b) No person shall plant, cause to grow, allow to grow or maintain any trees, bushes, shrubbery or vegetation of any kind which is an obstruction to the clear and complete vision of any traffic sign in the Village. Every owner of such tree, bush, shrubbery or vegetation shall remove such obstruction.

(c) Any shrub, tree or other plant which obstructs the view at an intersection or the view of a traffic sign shall be deemed to be dangerous to public travel and the Forester shall notify the property owner in writing, describing the conditions, stating the steps necessary to correct the conditions and establishing a reasonable time within which the corrective steps shall be taken. If effective steps are not taken within the time specified, the Village may abate these conditions to the extent necessary to assure compliance with the foregoing requirements and the costs thereof shall be assessed to the owner.

(11) REMOVAL OF TREES AND STUMPS.

(a) Dangerous and Obstructive Trees. If any tree standing in a terrace or on any private property and overhanging or projecting into a terrace or street appears to be dead, liable to fall, dangerous or an obstruction to public travel, the Village Forester shall notify the property owners to take corrective action within a specified period. If no action is taken, the Forester shall, subject to sub. (15), cause such tree or part thereof to be cut down or trimmed and, if it is in the public terrace, to be removed therefrom. The cost of such work performed on trees on private property shall be assessed against the owner thereof.

(b) Stumps Removed. In cutting down trees located in public and terrace areas, the tree must be removed with the root stump grubbed out or ground out to a depth of at least 9 inches below grade measured in a straight line; normal grade of sidewalk to top or 9 inches below grade measured as a straight line, normal grade of sidewalk to top of curb. All wood and debris must be removed from the street prior to the end of each working day and all holes shall be filled to normal grade level with topsoil as soon as practicable.

(12) COST OF PLANTING, REMOVAL, MAINTENANCE AND PROTECTION OF TREES AND SHRUBS IN TERRACE AREAS. The entire cost of planting, removal, Dutch Elm disease treatment or removal, maintenance and protection of trees and shrubs in all terrace areas in the Village shall be borne by the abutting property owner, or as determined by the Village Board.

(13) INJURY TO TREES AND SHRUBS PROHIBITED.

(a) No person shall, without the consent of the owner in the case of a private tree or shrub or without written permit from the Village Forester in the case of a terrace area tree, public tree or shrub, do or cause to be done by others any of the following acts:

1. Secure, fasten or run any rope, wire, sign, unprotected electrical installation or other device or material to, around or through a tree or shrub.

2. Break, injure, mutilate, deface, kill or destroy any tree or shrub or permit any fire to burn where it will injure any tree or shrub.

3. Permit any toxic chemical, gas, smoke, oil or other injurious substance to seep, drain or be emptied upon or about any tree or shrub, or place cement or other solid substance around the base of the same.

4. Remove any guard, stake or other device or material intended for the protection of a public tree or shrub, or close or obstruct any open space about the base of a public tree or shrub designed to permit access of air, water and fertilizer.

5. Attach any sign, poster, notice or other object on any tree or fasten any guy wire, cable, rope, nails, screws or other device to any tree; except that the Village may tie temporary "no parking" signs to trees when necessary in conjunction with street improvement work, tree maintenance work or parades.

6. Cause or encourage any fire or burning near or around any tree.

(b) All trees on any parkway or other publicly owned property near any excavation or construction of any building, structure or street work shall be sufficiently guarded and protected by those responsible for such work as to prevent any injury to such trees. No person shall excavate any ditches, tunnels or trenches or install pavement within a radius of 10 feet from any public tree without a permit from the Village Forester.

(14) APPEAL FROM DETERMINATIONS OR ORDERS. Any person who receives a determination or order from the Village Forester and objects to all or any part thereof shall have the right to appeal such determination or order subject to the provisions of this Code., to the Village Board within 7 days of receipt of the order and the Board shall hear such appeal within 30 days of receipt of written notice of the appeal. After such hearing the Board may reverse, affirm or modify the order or determination appealed from and the grounds for its decision shall be stated in writing. The Board shall by letter notify the party appealing the order or determination of its decision within 10 days after the hearing has been concluded and file its written decision with the Village Clerk.

(15) ADOPTION OF STATE STATUTES. Sections 27.09 and 86.03, Wis. Stats., are hereby adopted and incorporated herein by reference.

8.16 BUILDING NUMBERING SYSTEM ESTABLISHED.

(1) NUMBERS REQUIRED. There is hereby established a uniform system of numbering houses and buildings fronting on all streets, avenues and public ways in the Village and all houses and buildings shall be numbered in accordance with this section.

(2) BASELINE. Main Street shall constitute a baseline for numbering along all streets running north and northwest and south and southwest and First Street shall constitute the baseline for the numbering of all streets running east and northeast and west and southwest.

(a) All buildings on lots north of East and West Main Sts. shall be known as located at No. __ North ___ St.

(b) All buildings and lots south of East and West Main Sts. shall be known as located at No. __ South ___ St.

(c) All buildings and lots east of North and South First St. shall be known as located at No. __ East ___ St.

(d) All buildings and lots west of North and South First St. shall be known as located at No. __ West ___ St.

(e) All buildings and lots on diagonal streets shall be numbered the same as north and south streets if the diagonal runs more from the north to the south, and the same as east and west streets if the diagonal runs more from the east to the west.

(3) PROGRESSION OF NUMBERS. The number for each street shall begin at the baseline. The numbers within the first block shall be from 100 to 199, and the numbers in each succeeding block shall increase from the baseline in units of 100; namely the first block shall be 100-199, the second block shall be 200-299, the third block shall be 300-399, etc. Block numbers shall correspond to the official house numbering plat on file in the office of the Village Clerk.

(4) ODD AND EVEN. All lots and houses on the north and east side of all streets shall be numbered with even numbers, each commencing with the hundred assigned to that block, and shall increase from the baseline, one number for each 20 feet of frontage or fraction thereof, except as provided on the house numbering plat. Where any building has more than one door serving separate occupants, a separate number shall be assigned to each door serving a separate occupant, providing the building is 20 feet or more in width. Buildings fronting on 2 or more streets shall have a number assigned only to the main entrance unless other entrances serve different occupants.

(5) STREETS NOT EXTENDING. All streets not extending through to the baseline shall be assigned the same relative numbers as if the street had extended to the baseline.

(6) ASSIGNMENT OF NUMBERS.

(a) The Village Board shall cause the necessary survey to be made and there shall be assigned to each house and building located on any street, avenue, alley or highway in the Village its respective number under the uniform system provided for in this section. When the survey shall have been completed and each house and building has been assigned its respective number of numbers, the owner, occupant, or agent shall place or cause to be placed upon each house or building controlled by him the number or numbers assigned under the uniform system provided for in this section.

(b) Numbers shall be furnished and paid for by the Village and must be attached by the property owner, occupant or agent within 20 days after the assigning of the proper number. Numbers are obtainable from the Village Clerk. Replacements of numbers shall be paid for by the owner.

(c) The numbers shall be conspicuously placed immediately above or at the side of the proper door of each building so that the number can be seen plainly from the street. Whenever any building is situated more than 75 feet from the street line, the number of such building shall be conspicuously displayed at the street line, near the walk, driveway, or common entrance to such building and upon the gate post, fence, tree, post or other appropriate place so as to be easily discernible for the sidewalk.

(d) In case of doubt as to the proper location of the number on the property, the Village Clerk shall designate where the number shall be placed.

(7) PLAT BOOK. For the purpose of facilitating correct numbering, a plat book of all streets, avenues and public highways within the Village showing the proper numbers of all lots or houses fronting upon all streets, avenues or highways shall be kept on file in the office of the Village Clerk.

(8) OWNER TO SECURE NUMBERS. The Village Building Inspector shall inform any party applying therefor of the number or numbers belonging or embraced within the limits of the lot or property as provided in this section. In case of doubt as to the proper number to be assigned to any lot or building, the Village Building Inspector shall determine the number of such lot or building.

(a) Whenever any house, building, or structure shall be erected or located in the Village after the entire work of establishing a uniform system of house numbering has been completed, in order to preserve the continuity and uniformity of numbers of the houses, buildings, and structures, the owner shall procure the correct number or numbers as designated from the Village Building Inspector for the property, and immediately fasten the number or numbers so assigned upon building as provided by this section.

(b) No building permit shall be issued for any house, building, or structure until the owner has procured from the Village Building Inspector the official number of the premises.

(9) REPORT OF VIOLATION. All police officers of the Village shall report violation of any provision of this section.

(10) NOTICE OF VIOLATION. If the owner or occupant of any building required to be numbered by this section shall neglect for the period of 20 days to attach and maintain the proper number on such building, the Village Clerk shall serve upon him a notice requiring such owner or occupant to properly number the same; and if he neglects to do so for 10 days after the service of such notice, he shall be deemed to have violated this section.

8.25 PENALTY.

Except as otherwise provided herein, any person who shall violate any provision of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided in §25.04 of this Code of Ordinances.