§ 245-12 — Special Privileges

245-12. Special Privileges.

1. COMPLIANCE. Privileges for an obstruction or excavation beyond the street line, other than those regulated by this chapter or by other ordinances, may be granted by the common council pursuant to s. 66.0425, Wis. Stats. 2. FIXED COSTS. Any person, firm, association or corporation desiring such special privileges shall file with the commissioner of public works a petition in writing on a form furnished for such purpose by the city engineer or the commissioner of city development, and shall pay to the city treasurer the fee as specified in s. 81-115, special privileges, for the purpose of defraying the cost of printing and other expenses which the city may incur in the consideration of such resolution for a special privilege, as regulated in s. 301-7. 3. PROVISIONS. A special privilege shall be granted only on condition that by acceptance of such special privilege the grantee shall: a. Become primarily liable for damages to persons or property by reason of the granting of such special privilege. b. The applicant shall file with the commissioner of public works a certificate of insurance indicating applicant holds a public liability policy in the sum of at least $25,000 covering bodily injury to any one person, and $50,000 covering bodily injury to more than one person in any one accident, and $10,000 covering property damage to any one owner on the area or areas included within the special privilege, and naming the city of Milwaukee as an insured. The insurance policy shall provide that it shall not be cancelled until after at least 30 days' notice in writing to the commissioner of public works. In lieu of the insurance policy coverage, a public service corporation, or a cooperative association organized under ch. 185, Wis. Stats., to render or furnish telephone, gas, light, heat or power, or colleges and universities may file with the commissioner of public works proof of financial responsibility containing the conditions and giving the protection required in the public liability policy. Acceptance of the proof of financial responsibility shall be subject to approval by the city attorney upon consultation with the city comptroller. c. Pay to the city treasurer the annual fee fixed by the special privilege board. d. Maintain a minimum sidewalk clearance of 5 feet, which shall be kept clear of all obstructions. e. Remove such special privilege whenever public necessity so requires, and when so ordered by resolution adopted by the common council; such grantee shall not be entitled to damages for such removal. f. Waive the right to contest in any manner the validity of s. 66.0425, Wis. Stats., or the amount of the annual fixed fee as determined by the special privileges board. g. Put the special privilege into use within one year after approval by the common council. Should the grantee fail to do so, the commissioner may, by resolution, seek revocation of said privilege. h. If the special privilege is for placement of one or more dumpsters in the public right-of-way, the grantee shall ensure that: h-1. Each dumpster remains in the location for which the special privilege was granted. h-2. No dumpster has rusted surfaces or is otherwise in a state of disrepair. h-3. The lid or lids of each dumpster remain closed at all times except when refuse is being placed in the dumpster or the dumpster is being emptied. h-4. No contents of a dumpster spill onto the public right-of-way. h-5. No refuse remains on the ground on the perimeter of any dumpster. 4. RECOMMENDATIONS. The common council shall refer all petitions for special privileges for consideration and recommendation to the commissioners of public works and neighborhood services for consultation with the commissioner of city development when the special privilege includes the extension of use. 5. AMENDMENTS. a. A grantee desiring to add items to or remove items from a special privilege shall file with the commissioner of public works a special privilege amendment petition in writing on a form furnished for this purpose by the city engineer or the commissioner of city development. b. Any sale, transfer or conveyance of ownership of a property with a special privilege requires the new ownership to file with the commissioner of public works a special privilege amendment petition in writing on a form furnished for this purpose by the city engineer or the commissioner of city development. 6. FIXED CHARGE EXEMPTIONS. The city of Milwaukee, county of Milwaukee, state of Wisconsin, and the United States of America and all political subdivisions thereof shall be exempt from the paying of the fixed charge made for the purpose of defraying the cost of printing and other expenses which the city may incur in the consideration of such resolution for a special privilege. 7. ENFORCEMENT; SANCTIONS. If the commissioner of public works determines that a person has failed to comply with the provisions of this section, the commissioner shall notify the person of the violation. If the person fails to comply with any order issued by the commissioner within 60 days of receipt of the order, or, in the case of a special privilege for placement of one or more dumpsters in the public right-of-way, within 24 hours of receipt of the order, the commissioner may assess the person a monthly enforcement fee under s. 200-33 until compliance is obtained. The fee may be assessed and collected as a special tax on the property or otherwise be collected as allowed by law. In addition, in the case of a special privilege for placement of one or more dumpsters in the public right-of-way, the common council may, by resolution, revoke the special privilege for failure to comply with any of the standards of sub. 3-h.