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HomeMy WebLinkAboutITEM VII _ Code 25-68 & 25-69City of Oshkosh Municipal Code Revised 1/11/22 1) A property owner, or the licensed establishment operating on the property seeking a variance of any rule or requirement identified in this Section of the Municipal Code shall submit a detailed written request to the Department of Community Development. City staff shall review the request and provide a staff recommendation to the Common Council. The Common Council will consider the following,in addition to any other relevant factor,when reviewing variance requests: a.The variance will not be contrary to the public interest; b.Substantial justice will be done by granting the variance; C.The variance is need so that the spirit of the ordinance is observed; d. Due to special conditions, a literal enforcement of the provisions of the Sidewalk Cafe Ordinance will result in unnecessary hardship. 2) The City's allowance of Sidewalk Cafes in certain circumstances on the public right-of- way is not intended to grant, and shall not grant, any property rights within the public right-of-way to property owners, licensed establishments, or others. Therefore,variances or exceptions shall be at the sole discretion of the Common Council based upon a review of all facts of each circumstance. The Common Council may approve or deny the request as submitted, or approve the request in party subject to any condition considered appropriate by the Common Council for each circumstance. SECTION 25-63 RESERVED SECTION 25-64 RESERVED SECTION 25-65 RESERVED SECTION 25-66 RESERVED SECTION 25-67 RESERVED ARTICLE VIII. SNOW AND ICE REMOVAL SECTION 25-68 SNOW REMOVAL 1) Sidewalks Every owner of real property within the City shall within twenty-four(24)hours following cessation of a snowfall or other precipitation,remove all snow and ice from the sidewalk located adjacent to the premises;provided that,when ice is so formed on any sidewalk so that it cannot be removed,the person owning such premises shall keep the sidewalk or curb ramp sprinkled with a material(s)to accelerate melting and prevent slipping. Every person who owns property abutting any crosswalk/curb ramp shall remove all snow and ice from the sidewalks bordering the crosswalk and the curb ramp. Additional snow events will not extend the snow removal deadline. Prior snowfalls are required to be removed by the original deadline. City of Oshkosh Chapter 25—Page 37 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 2) Deposit On Streets and Near Fire Hydrants Prohibited. A) No person shall throw, or put, or cause to be thrown or put, any snow or ice onto any fire hydrant, or cause to be blocked or covered or interfere with the use of fire hydrants. B) No owner of real property within the City shall remove or cause or allow to be removed any snow or ice from private property including but not limited to driveway, parking lot, parking area, business property, or other area onto any public right-of-way or public property. No owner of real property within the City shall remove or cause or allow to be removed any snow or ice from a sidewalk or driveway apron onto any alley or street. C) Snow removed from public sidewalks shall not be stored in any manner which will unreasonably obstruct or limit vehicular or pedestrian vision,movement, or access. D) If the owner of such premises shall fail to remove such snow and ice or to sprinkle a sidewalk as required,or if the owner deposits or causes to be deposited or allows snow or ice to be deposited upon any public right-of-way or public property contrary to these provisions, such actions shall be considered a nuisance. Any person violating any of the provisions of this section shall be subject to a forfeiture of not less than twenty dollars($20) nor more than fifty dollars ($50) for a first offense and not less than thirty dollars($30)nor more than one hundred dollars($100)for any subsequent offense. Each day any violation of this ordinance continues shall constitute a separate offense. SECTION 25-69 WHEN CITY HAS TO DO WORK 1) Residential Districts. Whenever any owner of any parcel of real estate in a residential district fails or neglects to remove snow and ice from any such sidewalk as provided in Section 25-68 of the Oshkosh Municipal Code, the Director of Public Works shall,without notice,have the ice and snow removed there from. He shall keep an accurate account of the expenses,including any administrative costs,of keeping the sidewalks clear of snow and ice in all cases where owners of abutting lots fail to do so,shall invoice the property owner for such expenses and report the same to the Comptroller,who shall annually prepare a statement of the expenses so incurred and remaining unpaid in front of each lot or parcel of land and report the same to the City Clerk. The amount charged to each lot or parcel of land which remains unpaid shall be entered by the City Clerk in the tax roll as a special charge as provided in§66.0627 of the Wisconsin Statutes against such lot or parcel of land,and the same shall be collected in all respects like other taxes upon real estate. The imposition and collection of any forfeiture shall not bar the right of the City to collect the cost of the removal of snow and ice from the sidewalks as herein provided. 2) Commercial or Industrial Districts. Whenever any owner of any parcel of real estate in a commercial or industrial district fails or neglects to remove snow and ice from any such sidewalk as provided in Section 25-68 of the Oshkosh Municipal Code,the Director of Public Works shall,without notice,have the ice and snow City of Oshkosh Chapter 25—Page 38 Municipal Code City of Oshkosh Municipal Code Revised 1/11/22 removed there from. He shall keep an accurate account of the expenses, including any administrative costs, of keeping the sidewalks clear of snow and ice in all cases where owners of abutting lots fail to do so,shall invoice the property owner for such expenses and report the same to the Comptroller,who shall annually prepare a statement of the expenses so incurred and remaining unpaid in front of each lot or parcel of land and report the same to the City Clerk. The amount charged to each lot or parcel of land which remains unpaid shall be entered by the City Clerk in the tax roll as a special charge as provided in §66.0627 of the Wisconsin Statutes against such lot or parcel of land,and the same shall be collected in all respects like other taxes upon real estate. The imposition and collection of any forfeiture shall not bar the right of the City to collect the cost of the removal of snow and ice from the sidewalks as herein provided. SECTION 25-70 RESERVED ARTICLE IX. NUMBERING OF BUILDINGS SECTION 25-71 UNIFORM SYSTEM OF NUMBERING ESTABLISHED There is hereby established a uniform system of numbering houses and buildings fronting on all streets, avenues,and public ways in the City,and all houses and buildings shall be numbered in accordance with the provisions of this Article. SECTION 25-72 BASE LINE FOR STREETS RUNNING NORTH- SOUTH Witzel Avenue to center of Fox River and along the river to mouth of river shall constitute the base line for numbering along all streets running north or south. North and South Main Streets shall constitute the base line for numbering along all streets running east and west. A) The numbering of houses and buildings shall start with zero on both sides of these base lines;except that on the Witzel Avenue base line,the numbering shall start with one hundred (100). B) The City Engineer shall number diagonal streets so as to conform to the general plan as nearly as possible. C) The City Engineer may make whatever minor alterations and adjustments that may become necessary to carry out the basic numbering plan of this Article. D) The City Engineer shall number circular streets so as to conform to the general plan as nearly as possible. SECTION 25-73 BASE LINE NUMBER TO BEGIN AT ZERO;EXCEPTION City of Oshkosh Chapter 25—Page 39 Municipal Code