§ 36-5. Construction and repair of sidewalks.

(a)

Cost of sidewalks.

(1)

New subdivision sidewalks. New sidewalks constructed in existing areas of the town shall be paid for by adjacent property owners.

(2)

Sidewalk repair and reconstruction. It shall be the duty of the abutting owner to build, repair, construct, and perpetually maintain sidewalks along or upon any street, alley or highway in the town as determined by the town board and to pay the entire cost thereof. Whenever the town 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 town, it shall proceed according to Wis. Stats. § 66.0907. Such costs shall be specially assessed 100 percent to the adjacent property owner.

(b)

Permit required. No person shall hereafter lay, remove, replace or repair any public sidewalk within the town unless he is under contract with the town to do such work or has obtained a permit therefor from the town public works department at least seven days before work is proposed to be undertaken. A fee established by resolution shall be charged for such permit.

(c)

Repair or replacement of defective sidewalks.

(1)

Sidewalks must be repaired if any of the following conditions exist:

a.

A differential in elevation between any two adjoining pieces of sidewalk of more than one inch.

b.

A cracked sidewalk if pieces are missing.

c.

A settled or damaged sidewalk that crosses a driveway where a paved drive approach has been ordered by the property owner.

d.

A settled sidewalk of more than two inches. The depth of settlement will be determined by measuring from a line set parallel to street on adjacent unsettled walk to the lowest point of the settled walk.

(2)

All sidewalks brought to the attention of the town through complaints shall be repaired if they meet the criteria established in subsection (c)(1) of this section.

(3)

Any sidewalk can be repaired or replaced if requested by the property owner, at his own expense.

(d)

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.

(Prior Code, § 6-3-2)

State law reference

Sidewalks, Wis. Stats. § 66.0907.