§ 40-47. Construction and repair of sidewalks.

(a)

Construction and repair procedures. The Common Council may determine that sidewalks be constructed and establish the width, determine the material and prescribe the method of construction of standard sidewalks pursuant to this section.

(b)

Cost of new sidewalks, curb and gutter. The cost of a new sidewalk, curb and gutter shall be accessed in the following manner:

(1)

The property owner shall be responsible for the payment of new sidewalk construction or curb and gutter where none previously existed and shall pay said costs in accordance with the special assessment terms and policies of the Common Council. Notwithstanding the foregoing, the City shall pay 50 percent of the long side of a corner lot for new sidewalk or curb and gutter construction not required by Chapter 42, pertaining to subdivisions up to a maximum of 75 feet.

(2)

With replacement or reconstructed sidewalks, the property owner shall be responsible for 50 percent and the City shall be responsible for 50 percent of the cost thereof.

(3)

New construction associated with land divisions shall be constructed by the developer as required by Chapter 42.

(4)

The City shall pay 100 percent of the cost of replacement or reconstructed curb and gutter.

(c)

Sidewalk permit required. No person shall hereafter lay, remove, replace or repair any public sidewalk within the City unless he is under contract with the City to do such work or has obtained a permit therefor from the Director of Public Works or his designee at least three days before work is proposed to be undertaken. No fee shall be charged for such permits.

(d)

Standard specifications for sidewalk. The standard specifications for sidewalks shall be the following:

(1)

Generally. Concrete sidewalk construction shall meet the specifications and provisions set forth in this section and shall be constructed in locations and to line and grade as established by the City.

(2)

Subgrade. Subgrade shall be two inches of sand fill, thoroughly and uniformly compacted, brought to correct grade and thoroughly wet down immediately before concrete is placed. Soft, porous and unsuitable subgrade 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. On embankments, the subgrade shall extend at least one foot beyond each edge of the sidewalk.

(3)

Concrete. The minimum quantity of cement per cubic yard shall be six sacks of 94 pounds each. Concrete shall be mixed for at least one minute. Gravel shall be of good quality and washed. Concrete shall test 3,000 pounds compression in 28 days.

(4)

Forming. Concrete shall be placed in straight forms of wood or metal of sufficient strength to resist springing, tipping or other displacement during the process of depositing and consolidating the concrete. Concrete shall be placed in the forms on a moist subgrade, deposited just above the finished grade and consolidated and spaded sufficiently to bring the mortar to the surface and to prevent honeycombing. It shall then be struck off level with the top of the forms and finished. Forms shall be securely fastened, staked, braced and held firmly to required line and shall be sufficiently tight to prevent leakage of mortar, and all forms shall remain in place for 24 hours after pour.

(5)

Jointing, floating and finishing. Soon after screening and while the concrete is still plastic, the surface shall be floated with wood, cork or metal floats or by a finishing machine. At all places where the sidewalk intersects another sidewalk or curbline, a one-half inch expansion joint shall be placed. Transverse expansion joints of one-half-inch thick and five-inches wide and four-feet long or premolded material shall be located every 30 feet. Sidewalks must be marked off to make blocks five-foot square and be at right angles to the parallel lines. Any new sidewalk adjoining an old sidewalk or a sidewalk which abuts curb and gutter shall one-half by four inch expansion joints of premolded material.

(6)

Slope. All forms must be approved by the Director of Public Works or its designee before concrete is poured. To provide adequate drainage, the sidewalk shall slope toward the curb at a minimum rate of one-fourth inch per foot of width of sidewalk. All joints and edges shall be finished with a one-fourth inch radius edging tool. Sidewalks shall be constructed within the limits of the street, and unless otherwise specifically indicated, there shall be a one foot strip of street property left between the property line and the edge of the sidewalk.

(7)

Width and thickness. Residential walks shall be five feet in width and not less than four inches thick, except within driveway approaches where the minimum thickness shall be six inches, provided that walks in residential areas may be repaired or replaced to a width not less than the existing width. Sidewalks in front of commercial or industrial establishments shall have a width as determined by the Common Council and be four inches thick, except within driveway approaches where the minimum thickness shall be seven inches.

(8)

Finishing. The concrete shall be struck off true to grade, finished smooth and given a broom finish in transverse direction. Edges and joints shall be given a finish with a one-quarter inch radius edging tool. Dry cement shall not be spread on a wet surface to take up excess water. Finishing operations shall be delayed until water has disappeared. No tool marks shall be left on exposed surfaces. In case of rain, the walk shall be covered to protect the surface from being damaged. Walks shall be kept free from all traffic at normal temperatures for 48 hours and in cold weather, below 50 degrees Fahrenheit, for 96 hours.

(9)

Curing and drying. As soon as any of the concrete work herein before mentioned has been finished and hardened sufficiently to prevent excessive marring of the surface, it shall be cured and protected against rapid drying. Failure to comply with this requirement shall be deemed sufficient cause for suspension of the work. Curing shall be accomplished by the impervious coating, wet fabric or paper methods. For impervious coating or membrane curing, only those materials meeting the requirements of ASTM Spec. C156-44T, Method of Test for Efficiency of Materials for Curing Concrete shall be used. Said specifications are hereby adopted by reference as if fully set forth herein.

(10)

Cold weather requirements. When the temperature is less than 40 degrees Fahrenheit, all concrete placed in the forms shall have a temperature between 50 degrees Fahrenheit and 70 degrees Fahrenheit. and shall meet the requirements as per State Department of Transportation specifications for cold weather concrete.

(e)

Repair or replacement of defective or damaged sidewalks.

(1)

Pursuant to Wis. Stats. § 66.0907, the Common Council may order, at any time, property owners to repair or remove and replace any sidewalk which is unsafe, defective or insufficient, or which is damaged by the acts of the property owner or his agents. If the property owner shall fail to so repair or remove and replace such sidewalk within 20 days after service of the notice provided in Wis. Stats. § 66.0907, the Common Council or its designee shall repair or construct such sidewalk and the City Clerk-Treasurer shall enter the total cost thereof upon the tax roll as a special tax against said lot or parcel of land. If an emergency situation exists which is caused by a sidewalk in need of repair, the Common Council or its designee shall immediately direct the property owner to immediately make repairs. If the property owner shall fail to repair such sidewalk within the required period, the Common Council shall make the necessary repairs and the City Clerk-Treasurer shall enter the total cost thereof on the tax roll as a special tax against said parcel.

(2)

Nothing in this section shall apply to minor repairs, the cost of which does not exceed the amount established by the Common Council and available in the office of the City Clerk-Treasurer's office; such repairs may be made at the direction of the Director of Public Works without notice, and the cost thereof may be charged to the abutting property owner in the same manner as provided in Subsection (e)(1) of this section for major repairs.

(f)

Illegal sidewalks. No sidewalk which shall be constructed contrary to the provisions of this section shall be considered a legal sidewalk and the same may be ordered to be replaced with a legal sidewalk and with one that is in conformity with this section, the same as if no sidewalk whatever had been built or constructed in the place where any such sidewalk is located.

(Code 1991, § 6-2-2)