66.610(5)(e)
(e) Notwithstanding any other provision of this section, if a petition protesting the establishment of a pedestrian mall or a pedestrian mall improvement, duly signed and acknowledged by the owners of 51% or more of the front footage of lands abutting a street or part thereof proposed as a pedestrian mall, is filed with the city clerk at any time prior to the conclusion of all proceedings required under this section, the council shall terminate its proceedings, and no proposal for the establishment of the same or substantially the same mall may be introduced or adopted within one year after such termination.
66.610(5)(f)
(f) Proceedings governing the establishment of a pedestrian mall or the undertaking of a pedestrian mall improvement are governed by
subch. II of ch. 32.
66.610(6)
(6) Ordinances; required provisions. Any ordinance establishing a pedestrian mall shall:
66.610(6)(b)
(b) Designate the streets, including intersecting streets, or parts thereof to be used as a pedestrian mall.
66.610(6)(c)
(c) Limit the use of the surface of such street or part thereof to pedestrian users and to emergency, public works, maintenance and utility transportation vehicles during such times as the council determines appropriate to enhance the purposes and function of the pedestrian mall.
66.610(7)
(7) Use by public carriers. If the council finds that a street or part thereof which is designated as a pedestrian mall is served by a common carrier engaged in mass transportation of persons within the city and that continued use of such street or part thereof by such common carrier will benefit the city, the public and adjacent property, the council may permit such carrier to use such street or part thereof for such purposes to the same extent and subject to the same obligations and restrictions which are applicable to such carrier in the use of other streets of the city. Upon like findings, the council may permit use of such street or part thereof by taxicabs or other public passenger carriers.
66.610(8)(a)(a) If, at the time an ordinance establishing a pedestrian mall is adopted, any property abutting such pedestrian mall or part thereof does not have access to some other street or alley for the delivery or receiving of merchandise or materials, such ordinance shall provide for either:
66.610(8)(a)1.
1. The issuance of special access permits to the affected owners for such purposes; or
66.610(8)(a)2.
2. The designation of the hours or days on which such pedestrian mall may be used for such purposes without unreasonable interference with the use of the mall or part thereof by pedestrians and other authorized vehicles.
66.610(8)(b)
(b) The council may issue temporary permits for closing a pedestrian mall or any part thereof to all vehicular traffic for the promotion and conduct of sidewalk art fairs, sidewalk sales, craft shows, entertainment programs, special promotions and for such other special activities consistent with the ordinary purposes and functions of the pedestrian mall.
66.610(9)
(9) Excess estimated cost; assessment adjustments. 66.610(9)(a)(a) If, after the completion of any pedestrian mall improvement, the commissioner of public works certifies that the actual cost is less than the estimated cost upon which any aggregate assessment is based, such aggregate assessment shall be reduced, subject to
par. (c), by a percentage amount of the excess estimated cost which is equal to the percentage of the estimated cost financed by such aggregate assessment. The city comptroller shall certify to the city treasurer the amount refundable under this subsection.
66.610(9)(b)
(b) If such aggregate assessment has been fully collected, the city treasurer shall refund the excess assessment to the affected property owners on a proportional basis.
66.610(9)(c)
(c) If such aggregate assessment has not been fully collected, the amount of the refundable assessment shall be reduced by a sum determined by the council to be sufficient to cover anticipated assessment collection deficiencies, and the balance, if any, shall be refunded to the affected owners on a proportional basis. The treasurer shall deduct the appropriate amount from instalments due after the receipt of the certificate from the city comptroller.
66.610(10)(a)(a) Concurrently with the submission of the plan, and annually thereafter by June 15 of each year, the city comptroller and the commissioner of public works, with the assistance of a community development advisory body, if any, shall furnish the council with a report estimating the cost of improving, operating and maintaining any pedestrian mall district for the next fiscal year. Under the plan in effect, such report shall include itemized cost estimates of any proposed changes in the plan under consideration by the council and also a detailed summary of the estimated costs chargeable to the following categories:
66.610(10)(a)1.
1. The amount of the annual costs chargeable to the general fund. Such amount may not exceed that amount which the city normally allocates from the general fund for maintenance and operation of a street of similar size and location not improved as a pedestrian mall.
66.610(10)(a)2.
2. The amount of the annual costs chargeable to owners of property in the district who are benefited by such annual mall improvements. The aggregate amount assessed against such owners may not exceed the aggregate benefits accruing to all such assessable property.
66.610(10)(a)3.
3. The amount of the annual costs, if any, to be specially taxed against taxable property in the district. Such amount shall be determined by deducting from the estimated annual costs the amounts under
subds. 1. and
2. and the amount of anticipated rentals received from vendors using pedestrian mall facilities.
66.610(10)(b)
(b) Moneys appropriated and collected for annual pedestrian mall improvement costs shall be credited to a special account. The council may incur such annual costs as it deems necessary, whether or not they have been included in the budget for that fiscal year, except that such nonbudgeted expenditures shall be included in the estimate required under
par. (a) for the next following fiscal year. Any unexpended balances in such special account remaining at the end of a fiscal year shall be carried over to the appropriate category of the estimate required under
par. (a) for the next following fiscal year.
66.610(11)
(11) Nuisances: limitation of liability. 66.610(11)(a)(a) The installation of any furniture, structure or facility or the permitting of any use in a pedestrian mall district under a final plan adopted under this section may not be deemed a nuisance or unlawful obstruction or condition by reason of the location of such installation or use.
66.610(11)(b)
(b) Such installation or use may not cause the city or any person acting under permit to be liable for injury to persons or property in the absence of negligence in the construction, maintenance, operation or conduct of such installation or use.
66.610(12)
(12) Interpretation: amendment and repeal. No action by the council establishing a pedestrian mall or undertaking a pedestrian mall improvement under this section may be construed as a vacation, abandonment or discontinuance of any street or public way. This section may not be construed to prevent the city from abandoning the establishment or operation of a pedestrian mall, changing the extent of a pedestrian mall, amending the description of the district to be assessed or taxed for annual improvement costs, or changing or repealing any limitations on the use of a pedestrian mall by private vehicles or any plan, rule or regulation adopted for the operation of a pedestrian mall.
66.610(13)
(13) Substantial compliance; validity. Substantial compliance with the requirements of this section is sufficient to give effect to any proceedings hereunder and any error, irregularity or informality not affecting substantial justice does not affect the validity of such proceedings.
66.610 Note
NOTE: Chapter 255, laws of 1975, which created this section, contains a statement of legislative findings and public policy.
66.615(1)(1)
Part of street; obstructions. Streets shall provide a right-of-way for vehicular traffic and, where the council so requires, a sidewalk on either or both sides thereof; the sidewalk shall be for the use of persons on foot, and no person shall be allowed to encumber the same with boxes or other material; but such sidewalk shall be kept clear for the uses specified herein.
66.615(2)
(2) Grade. In all cases where the grades of sidewalks shall not have been specially fixed by ordinance the sidewalks shall be laid to the established grade of the street.
66.615(3)(a)(a)
Authority of council. The council may from time to time by ordinance or resolution determine where sidewalks shall be constructed and establish the width, determine the material and prescribe the method of construction of standard sidewalks, and the standard so fixed may be different for different streets, and may order by ordinance or resolution sidewalks to be laid as provided in this subsection.
66.615(3)(b)
(b)
Board of public works. The board of public works may order any sidewalk which is unsafe, defective or insufficient to be repaired or removed and replaced with a sidewalk in accordance with the standard fixed by the council.
66.615(3)(c)
(c)
Notice. A copy of the ordinance, resolution or order directing such laying, removal, replacement or repair shall be served upon the owner, or an agent, of each lot or parcel of land in front of which such work is ordered. The board of public works, or either the street commissioner or the city engineer if so requested by the council, may serve the notice. Service of the notice may be made by:
66.615(3)(c)3.
3. Publication in the official newspaper as a class 1 notice, under
ch. 985, together with mailing by 1st class mail if the name and mailing address of the owner or an agent can be readily ascertained.
66.615(3)(d)
(d)
Default of owner. Whenever any such owner shall neglect for a period of 20 days after such service to lay, remove, replace or repair any such sidewalk the city may cause such work to be done at the expense of such owner. All work for the construction of sidewalks shall be let by contract to the lowest responsible bidder except as provided in
s. 62.15 (1).
66.615(3)(e)
(e)
Minor repairs. If the cost of repairs of any sidewalk in front of any lot or parcel of land does not exceed the sum of $100, the board of public works, street commissioner or city engineer if so required by the council, may immediately repair such sidewalk, without notice or letting the work by contract, and charge the cost thereof to the owner of such lot or parcel of land, as provided in this section.
66.615(3)(f)
(f)
Expense. The board of public works shall keep an accurate account of the expenses of laying, removing and repairing sidewalks in front of each lot or parcel of land whether the work is done by contract or otherwise, and report the same to the comptroller who shall annually prepare a statement of the expense so incurred in front of each lot or parcel of land and report the same to the city clerk, and the amount therein charged to each lot or parcel of land shall be entered by such clerk in the tax roll as a special tax against said lot or parcel of land, and the same shall be collected in all respects like other taxes upon real estate. The council by resolution or ordinance may provide that the expense so incurred may be paid in up to 10 annual instalments and upon such determination, the comptroller shall prepare the expense statement as herein required in such manner and with such frequency as the improved instalment payment schedule allows. If annual instalments for such expense are authorized, the city clerk shall charge the amount to each lot or parcel of land and enter it on the tax roll as a special tax against such lot or parcel each year until all instalments have been entered, and the same shall be collected in all respects like other taxes upon real estate. The council may provide that the street commissioner or city engineer shall perform the duties imposed by this section on the board of public works.
66.615(5)
(5) Snow and ice. The board of public works shall keep the sidewalks of the city clear of snow and ice in all cases where the owners or occupants of abutting lots fail to do so, and the expense of so doing in front of any lot or parcel of land shall be included in the statement to the comptroller required by
sub. (3) (f), and in the comptroller's statement to the city clerk and in the special tax to be levied as therein provided. The city may also impose a fine or penalty for neglecting to keep sidewalks clear of snow and ice.
66.615(6)
(6) Repair at city expense. Whenever the council shall by resolution or ordinance so determine, sidewalks shall be kept in repair by and at the expense of the city, or the council may direct that a certain proportion of the cost of construction, reconstruction or repair be paid by the city and the balance by abutting property owners.
66.615(7)
(7) Rules. The council may from time to time make all needful rules and regulations by ordinance for carrying the aforesaid provisions into effect, for regulating the use of the sidewalks of the city and preventing their obstruction.
66.615(10)
(10) Application of section; definitions. The provisions of this section shall not apply to 1st class cities but shall be applicable to towns and villages, and when applied to towns and villages:
66.615(10)(a)
(a) "Board of public works" means the committee or officer designated to handle street or sidewalk matters.
66.615 Annotation
A city cannot delegate its primary responsibility to maintain its sidewalks, nor delegate or limit its primary liability by ordinance. Kobelinski v. Milwaukee & S. Transport Corp. 56 W (2d) 504, 202 NW (2d) 415.
66.615 Annotation
Defendant property owners' failure to remove snow and ice from sidewalk in violation of municipal ordinance did not constitute negligence per se. Hagerty v. Village of Bruce, 82 W (2d) 208, 262 NW (2d) 102.
66.615 Annotation
City, exercising its police power, can impose special tax on properties for cost of installing sidewalk on adjacent city right-of-way, in absence of showing that properties would be benefited. Stehling v. City of Beaver Dam, 114 W (2d) 197, 336 NW (2d) 401 (Ct. App. 1983).
66.616(1)(1) The standard for construction of curbs and sidewalks on each side of any city or village street, or any connecting highway or town road for which curbs and sidewalks have been prescribed by the governing body of the town, city or village having jurisdiction thereover, shall include curb ramping providing access to crosswalks at intersections and other designated locations. Curb ramping includes the curb opening, the ramp and that part of the sidewalk or apron leading to and adjacent to the curb opening. Any person constructing new curbs or sidewalks or replacing curbs or sidewalks within 5 feet of a legal crosswalk in any city street, village street, connecting highway or town road shall comply with the standards for curb ramping under this section.
66.616(3)
(3) Curb ramps shall conform to the following requirements:
66.616(3)(a)
(a) Curb ramping shall be of permanent construction. The ramp shall be at least 40 inches wide. The sides of the ramp shall slope from the sidewalk or apron elevations to the ramp elevation with the widest portion of the side slope not less than 18 inches nor more than 24 inches wide at the curb. The ramp slope may not exceed one inch vertical to 12 inches horizontal from the flow line elevation of the curb. The curb opening shall be not less than 40 inches nor more than 80 inches wide at the flow line of the curb. The taper of the curb from the top of the curb to the flow line of the curb at the curb opening shall be not less than 18 inches nor more than 24 inches wide. The ramp shall be bordered on both sides and on the curb line with a 4-inch-wide yellow stripe or with brick of a contrasting color.
66.616(3)(b)
(b) Curb ramping shall be in one of the following locations, to provide access to each end of each crosswalk affected:
66.616(3)(b)1.
1. At the center of the curve of the street corner to accommodate crossing for either direction at the intersection. The entire curb corner may not be made into a ramp, but shall provide for standard sidewalk apron and curb on both sides of a ramp. Any safety zone marking required by ordinance shall be provided in the street or town road 40 inches out and parallel with the curb, joining with the standard safety pedestrian crossing markings in the street or town road;
66.616(3)(b)2.
2. If
subd. 1. is not feasible, centered on line with the crosswalk and pedestrian traffic and containing surface texturing to indicate clearly to the sense of touch that the surface differs from that of the sidewalk or street. The surface texturing shall consist of linear impressions one-fourth of an inch to three-eighths of an inch deep, oriented to provide a uniform pattern of diamond shapes. The diamond shapes shall measure approximately 1 1/4 inches wide by 2 1/4 inches long, with the length of the diamond shape parallel to the direction of pedestrian movement. The diamond shapes shall be spaced one-fourth of an inch to three-eighths of an inch apart. This surface texture may be achieved by impressing and removing expanded metal regular industrial mesh into the surface of the ramp while the concrete is in a plastic state; or
66.616(3)(b)3.
3. If both
subds. 1. and
2. are not feasible, at a suitable location as near to the crosswalk as practicable. Any safety zone markings required by ordinance shall be provided in the street or town road 40 inches out and parallel with the curb, joining with the standard safety pedestrian crossing markings in the street or town road.
66.616(5)
(5) The district attorney, on his or her own motion or upon the complaint of any person, may bring an action in circuit court to enforce this section.
66.616(6)
(6) If any person constructs a new or replacement sidewalk or curb, other than the town, city or village with jurisdiction over the curbs or sidewalks, the town, city or village shall inform the person of the requirements of this section. The town, city or village may agree to construct, or bear the cost of constructing, curb ramping required to provide access to sidewalks opposite the new or replacement curb or sidewalk.
66.62
66.62
Special assessments. 66.62(1)(1) Except as provided in
s. 66.60 (6m), in addition to other methods provided by law, the common council of any 2nd, 3rd or 4th class city, a village board or a town board may, by ordinance, provide that the cost of installing or constructing any public work or improvement shall be charged in whole or in part to the property benefited thereby, and to make an assessment against such property in such manner as such council or board determines. Such special assessment shall be a lien against the property from the date of the levy.
66.62(2)
(2) Every such ordinance shall contain provisions for reasonable notice and hearing. Any person against whose land a special assessment is levied under any such ordinance shall have the right to appeal therefrom in the manner prescribed in
s. 66.60 (12) within 40 days of the date of the final determination of the governing body.
66.62 History
History: 1983 a. 532;
1989 a. 322.
66.62 Annotation
Ordinance under this section may use police power as basis for special assessment. Mowers v. City of St. Francis, 108 W (2d) 630, 323 NW (2d) 157 (Ct. App. 1982).
66.625
66.625
Laterals and service pipes. Whenever the governing body shall by resolution require water, heat, sewer and gas laterals or service pipes to be constructed from the lot line or near the lot line to the main or from the lot line to the building to be serviced, or both, it may provide that when the work is done by the city, village or town or under a city, village or town contract, a record of the cost of constructing such laterals or service pipes shall be kept and such cost, or the average current cost of laying such laterals or service pipes, shall be charged and be a lien against the lot or parcel served.
66.625 History
History: 1983 a. 532.
66.63
66.63
Assessment of condemnation benefits. 66.63(1)
(1) As a complete alternative to any other method provided by law, for the purpose of payment of the expenses, including such excess of damages and all other expenses and costs incurred for the taking of private property for the purpose set forth in
ss. 32.02 (1),
61.34 (3) and
62.22, the governing body of the town, city or village may, by resolution, levy and assess the whole or any part of such expenses, as a special assessment upon such property as they determine is specially benefited thereby, and they shall include in said levy the whole or any part of the excess of benefits over total damages, if any, making therein a list of every lot or parcel of land so assessed, the name of the owner thereof, if known, and the amount levied thereon.
66.63(2)
(2) Such resolution shall be published as a class 2 notice, under
ch. 985, and a notice therewith that at a time stated therein, the governing body will meet at their usual place of meeting and hear all objections which may be made to such assessment or to any part thereof. If such resolution levies an assessment against property outside the corporate limits, notice as provided herein shall be given by mailing a copy of the resolution and the notice by registered mail to the last-known address of the owner of such property. A copy of such resolution shall be filed with the clerk of the town in which the property is located.
66.63(3)
(3) At the time so fixed the governing body shall meet and hear all such objections, and for that purpose may adjourn to a date set by the governing body, until the hearing is completed, and shall by resolution confirm or modify such assessment in whole or in part. At any time before the first day of November thereafter any party liable may pay any such assessment to the town, city or village treasurer. On such first day of November, if any such assessment remains unpaid, the treasurer shall make a certified statement showing what assessments so levied remain unpaid, and file the same with the clerk, who shall extend the same upon the tax roll of such municipality, in addition to and as part of all other taxes therein levied on such land, to be collected therewith.
66.63(4)
(4) At the time of making out the tax roll, next after the filing of any assessment to pay the expenses incurred in proceedings for the condemnation of lands outside the corporate limits, the town clerk shall enter in said roll the benefits not offset by damages or an excess of benefits over damages which shall be levied on the land described as a special assessment and shall be collected the same as other taxes. Such amounts when collected shall be paid over to the city or village treasurer to be applied in payment of any damages or excess of damages over benefits awarded by such assessment; and in case the amount of such special assessments are insufficient to pay all damages or excess of damages over benefits so awarded, then the difference shall be paid by the city or village. Any such damages or excess of damages over benefits may be paid out of such fund prior to the collection of such special assessments, to be reimbursed therefrom when collected.
66.63(5)
(5) Any person against whose land an assessment of benefits is made pursuant to this section may appeal therefrom as prescribed in
s. 32.06 (10) within 30 days of the adoption of the resolution required under
sub. (3).
66.635
66.635
Reassessment of invalid condemnation and public improvement assessments. 66.635(1)
(1) If in any action other than an action pursuant to
s. 66.60 (12), for the recovery of damages arising from a failure to make a proper assessment of benefits and damages, as provided by law, or failure to observe any provision of law, or because of any act or defect in any proceeding in which benefits and damages are assessed, and in any action to set aside any special assessment, special assessment certificate, bond or note or tax certificate based upon such special assessment, the court determines that such assessment is invalid by reason of a defective assessment of benefits and damages, or for any cause, it shall stay all proceedings, frame an issue therein and summarily try the same and determine the amount which the plaintiff justly ought to pay or which should be justly assessed against the property in question. Such amount shall be ordered to be paid into court for the benefit of the parties entitled thereto within a time to be fixed. Upon compliance with said order judgment shall be entered for the plaintiff with costs. If the plaintiff fails to comply with such order the action shall be dismissed with costs.
66.635(2)
(2) If the common council, village board or town board determines that any special assessment is invalid for any reason, it may reopen and reconsider such assessment as provided in
s. 66.60 (10).
66.635 History
History: 1983 a. 532;
1987 a. 378.
66.64
66.64
Special assessments for local improvements. 66.64(1)(1) The property of the state, except that held for highway right-of-way purposes or acquired and held for purposes under
s. 85.09, and the property of every county, city, village, town, school district, sewerage district or commission, sanitary or water district or commission, or any public board or commission within this state, and of every corporation, company or individual operating any railroad, telegraph, telecommunications, electric light or power system, or doing any of the business mentioned in
ch. 76, and of every other corporation or company whatever, shall be in all respects subject to all special assessments for local improvements. Certificates and improvement bonds therefor may be issued and the lien thereof enforced against such property, except property of the state, in the same manner and to the same extent as the property of individuals. Such assessments shall not extend to the right, easement or franchise to operate or maintain railroads, telegraph, telecommunications or electric light or power systems in streets, alleys, parks or highways. The amount represented by any certificate or improvement bond issued as aforesaid shall be a debt due personally from such corporation, company or individual, payable in the case of a certificate when the taxes for the year of its issue are payable, and in the case of a bond according to the terms thereof.
66.64(2)
(2) In this subsection, "assessment" means a special assessment on property of the state and "project" means any continuous improvement within overall project limits regardless of whether small exterior segments are left unimproved. If the assessment of a project is less than $50,000, or if the assessment of a project is $50,000 or more and the building commission approves the assessment under
s. 66.60 (4), the state agency which manages the property shall pay the assessment from the revenue source which supports the general operating costs of the agency or program against which the assessment is made.
66.645
66.645
Duty of officers; action to collect tax. 66.645(1)
(1) The officers now authorized by law to collect and receive the same from individuals shall have full power to receive and collect all such special assessments in the same manner as the same are now collected from individuals, and in addition thereto such officers shall have power at the direction of the proper authorities of the city, village or town making such special assessments, upon the nonpayment of any such special assessments by any corporation, company, or individual mentioned in
s. 66.64 within the time now limited by law for the payment of such special assessments by individuals, or in the case of a county, city, village, town, and school district, after the time now prescribed by law in the case of other claims, to institute and prosecute an action to collect the same in the name and at the cost of such city, village or town. A like action may be maintained by the owner or holder of any special assessment certificate or improvement bond issued as aforesaid in the name and at the cost of that owner or holder. In such action, when brought in the name of such city, village or town, it shall be sufficient to allege that the defendant is indebted upon a special assessment, specifying the amount due, and when brought by such owner or holder, to set up a copy of such certificate or bond, specify the amount due and when payable, and allege that the defendant is liable therefor. On the trial of such action, when brought in the name of the city, village or town, the production of the tax roll or list showing the amount thereof; and when brought by such owner or holder, the production of such certificate or improvement bond, tax roll, or list showing the amount thereof shall be prima facie evidence of the correctness and validity of such assessment, certificate, or improvement bond and of the liability of the defendant for the amount thereof and interest thereon from the time the same became payable. Any judgment recovered in such action shall be collected in the manner now prescribed for the collection of judgments against such defendant.
66.645(2)
(2) Any county treasurer to whom special assessments for improvements are returned may likewise institute and prosecute an action to collect the same in the name of the county when authorized to do so by the county board of supervisors.
