ORD20141391-Sidewalk Maintenance
DEFEATED AT COMMON COUNCIL -- 10/28/2014
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1391
AN ORDINANCE TO AMEND CHAPTER 8
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Sidewalk Maintenance)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 8, Section 8.06, of the Municipal Code of the City of Muskego is
hereby amended to read as follows:
8.06 SIDEWALK MAINTENANCE
(1) Maintenance Responsibility of Owner. The owner of each lot in the City
abutting a public sidewalk shall remove snow and ice from the public
sidewalk. Owners of one and two family homes that have a public
sidewalk abutting the rear yard shall be exempt from these requirements
as related to such rear yard sidewalk. The snow and/or ice must be
removed from the entire width of the sidewalk. No accumulation of snow
or ice may be permitted to remain for longer than 72 hours regardless of
the source of the snow or ice. Notwithstanding this requirement, no
obligation to remove snow or ice shall commence until the snowfall or
precipitation event has ceased unless the snowfall or precipitation event
lasts, continuously or intermittently, for a period of greater than 24 hours in
which case snow and ice shall be removed as completely as possible at
least once every 72 hours. If ice cannot be removed immediately, it shall
be sprinkled with salt, sand or combination thereof until it can be removed.
The lot owner will be held responsible for compliance with this ordinance,
regardless of whether the lot owner has assigned this obligation to others.
This ordinance applies to public sidewalks, and not to recreational trails.
The public sidewalks of the City are sidewalks as defined in Section
340.01(58), Wisconsin Statutes, and they specifically are located adjacent
to the following vehicular rights-of-way:
Janesville Road
Pioneer Drive from Horn Park Drive to Janesville Road
(2) Payment for Costs of Compliance: The City Department of Public Works
shall cause all public sidewalks which have not been cleared of snow and
ice as above described, to be cleared upon default of the owner whose
duty it is to clear the same. An accurate account of the expenses incurred
shall be kept and the costs thereof shall be imposed on the subject
property as a special charge pursuant to Wisconsin Statutes Section
66.0907(5) and 66.0627. All such charges that remain unpaid shall
become a lien on the subject property as of the date of delinquency and
shall be included in the current or next tax roll for collection, as provided in
Ord. #1391 Page 2
Section 66.0907(3)(f) and 66.0627, Wisconsin Statutes. The cost
recovery described in this Section shall be in addition to, and not in lieu of,
such other penalties and remedies as may apply.
SECTION 2: The existing Chapter 8, Section 8.06, of the Municipal Code of the City of
Muskego is hereby renumbered to be 8.07.
SECTION 3: The several sections of this Ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the Ordinance which shall
remain in full force and effect. Any other Ordinance whose terms are in conflict with the
provisions of this Ordinance is hereby repealed as to those terms that conflict.
SECTION 4: This Ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS DAY OF _______ , 2014.
CITY OF MUSKEGO
_______________________________
Kathy Chiaverotti, Mayor
ATTEST: First reading:
_________________________ DEFEATED: 10/28/2014
Clerk-Treasurer
10/2014jmb
Notice of Newly Enacted Ordinance Published: