Sidewalk Construction and Repair Ordinance


(1)      DEFINITIONS. The following terms have the meanings indicated:
Crack  . A fissure within a sidewalk square. 
Defective Sidewalk or Square  . A sidewalk square meeting the criteria for replacement in subsection (4) below. 
Joint  . A cleavage created for expansion purposes which separates 2 or more sidewalk squares. 
Sidewalk  . A public sidewalk within the street right-of-way. 
Sidewalk Square  . That portion of a sidewalk bordered by joints and the sidewalk edge. 
Spalling  . A chipped or splintered condition of a sidewalk square. 
(2)      WISCONSIN STATUTES. Section 66.615, Wis. Stats., is incorporated herein by reference.
(3)      DELEGATION OF AUTHORITY; SIDEWALK INSPECTORS. The City Engineer shall have the authority of the Board of Public Works as provided for in §66.615, Wis. Stats., and he shall designate one or more subordinates as sidewalk inspectors who shall have the duty of inspecting the sidewalks within the City and ordering or arranging for the replacement of defective sidewalks.
(4)      CRITERIA FOR DETERMINING NECESSITY OF REPLACEMENT. Sidewalk squares which meet the following criteria shall be considered defective, unsafe and insufficient and in need of replacement:
(a)       There is a difference in height equal to or greater than one inch in the elevation of adjacent sidewalk squares.
(b)      There is a crack equal to or greater than one-half inch in width.
(c)       There is a difference in height equal to or greater than one inch in the elevation of adjacent sections of a crack.
(d)      There is depression greater than one-half inch within a sidewalk square.
(e)       There is spalling which has resulted in a depression greater than one-half inch.
(f)        There is a noticeable change or distortion in the constant grade resulting from the heaving or settlement of 2 or more sidewalk squares, where this creates a difference in height of one inch or more.
(g)       There has been a temporary sidewalk repair.
(5)      TEMPORARY SIDEWALK REPAIR. No sidewalk square shall be ordered or arranged to be repaired by way of crack fillers, wedges, surface treatments or the like by a sidewalk inspector, except as a temporary measure pending replacement. Sidewalk squares which, upon inspection, are noted to have been temporarily repaired shall be ordered or arranged to be replaced. However, wherever the only defect is a difference in elevation due to settlement or having, it shall be permissible to remedy the defect by adjusting the square.
(6)      PROCEDURE; SIDEWALK REPLACEMENT AND PAYMENT OF COSTS. The procedure for sidewalk replacement and for the payment of the cost shall be governed by §66.615, Wis. Stats.
(7)      NONCOMPLIANCE. Sidewalks replaced by the City contractor or City forces shall be subject to an administrative fee of $25.00 per tax parcel in addition to the replacement cost.
(a)       Owners of business or commercial real estate abutting any public street in the City shall construct and perpetually maintain sidewalks prior to the time of opening for business.
(b)      Owners of residential real estate abutting any public street in the City shall construct and perpetually maintain sidewalks in the manner following:
1.      Sidewalks shall be constructed at such time as directed by the Board of Public Work. Owners shall be prohibited from constructing sidewalks absent such direction from the Board.
2.      Where the Board of Public Works has directed that residential sidewalks be constructed, the Board is authorized to grant temporary exemptions to owners where the Board determines that special or unusual situations make the construction of sidewalks impossible or impractical and an alternate means of sidewalk is available or unnecessary. All such exemptions shall be for a term of one year, unless the Board otherwise directs at the time of granting the exemption, however, in no event shall such exemption be granted on a permanent basis.
(9)      SIDEWALK CONSTRUCTION. These specifications shall apply to the construction and restoration of sidewalks installed for improvement of pedestrian facilities. All sidewalks installed on public property shall be constructed in accordance with the following provisions:
(a)       All sidewalks shall be constructed with Class A Concrete, unless other materials are approved by the City Engineer, the Director of Public Works, or Board of Public Works.
(b)      All sidewalks shall have a minimum width as outlined in the Table in §7.13, unless otherwise provided by the Board of Public Works.
(c)       The elevation of the sidewalk, as measured at the outside edge (edge nearest to the private property) shall be no less than 2% or no more than 5% above the top of the adjacent curb. The transverse slope of the sidewalk shall be not less than one-quarter inch per foot or more than one inch per foot, sloping toward the public street.
(d)      All sidewalks shall have a concrete thickness of 4 inches over a 4-inch gravel base, except at driveways where sidewalk shall be constructed of concrete 6 inches thick over a 4-inch gravel base.
(e)       Commercially prepared concrete (ready-mix) shall conform substantially to the Standard Specifications for Road and Bridge Construction as prepared by the Wisconsin Department of Transportation, Division of Highways, except that concrete shall contain not less than 6 bags of cement per cubic yard.
(f)        The foundation for the sidewalks shall be thoroughly tamped or otherwise compacted to prevent settlement and be moistened before placing the concrete. The concrete shall be consolidated and spaded sufficiently to bring the mortar to the surface and prevent honeycombing. Before the mortar has set, the surface shall be struck off and floated with a wooden or magnesium float, steel trowled and brushed.
(g)       Transverse joints shall be constructed at right angles to the centerline of the sidewalk, either by sawing or grooving, at approximately 4-foot intervals. One half-inch transverse expansion joint filler shall be installed at each property line. The edges of the sidewalk shall be rounded with an edger having a ¼-inch radius. Concrete shall not be placed on frozen ground and shall be protected against freezing for a period of 72 hours after placement. The concrete shall be cured for a minimum of three days using impervious plastic or paper, wet fabric or liquid impervious membrane.
(h)       All sidewalks shall generally be located as outlined in the Table in §7.13 unless it is necessary to be further from the property line to match the location of sidewalks on either or both sides of the property involved.
(10) PENALTY. Any person who shall fail to replace or repair defective, sidewalks within 45 days after being so ordered as provided herein shall be subject to a penalty as provided in §18.04 of this Municipal Code. A separate offense shall be deemed committed on each day in which a violation of this section occurs or continues. This section shall not preclude the City from replacing or repairing defective sidewalks as provided in §66.615, Wis. Stats.