§ 36-74. Maintenance of private driveways.

(a)

Duty to maintain. Any property owner who does not have direct access to a public right-of-way shall maintain a private driveway from the nearest public right-of-way so that the town may provide police and fire protection, and other emergency services, to all occupants of the property. Specifically, but not by way of limitation, the property owner shall:

(1)

Cause the private driveway to be constructed, surfaced and maintained in a manner sufficient to provide access to all structures on the property for all emergency vehicles, including police and fire vehicles; and

(2)

Remove all brush and trees on the driveway, or adjacent to the driveway area, and remove all accumulations of snow or ice so as to permit access to the property, as necessary to respond to fire or emergency situations which may occur on the property. All brush and tree branches shall be cleared to provide a minimum 14-foot vertical clearance and a 15-foot horizontal clearance as measured from the centerline of the road surface or pavement.

(b)

Failure to maintain. In the event the property owner fails to maintain a private driveway in accordance with the provisions of this article, the town shall notify the property owner of the failure to maintain and direct the property owner to cure any deficiency within 30 days after the notice is issued. In the event the property owner fails to comply with the terms of the notice, the town may contract with private parties to improve the driveway in accordance with the notice given the property owner, and the cost thereof shall constitute a lien on the property and shall be placed on the property tax bill in accordance with the provisions of Wis. Stats. § 66.0627. In addition to the foregoing, the town may seek injunctive relief to compel the property owner to comply with the terms of this article and any notices issued hereunder.

(Prior Code, § 6-4-3)