Section 2.36. FAILURE TO OBTAIN SPECIAL PRIVILEGE PERMIT FOR ENCROACHMENT ON VILLAGE STREETS, PUBLIC GROUNDS OR LAND DEDICATED FOR PUBLIC USE.
(1) Removal of Encroachments Constituting a Danger to Public Safety. In addition to any other penalty imposed by law, if the Village Manager determines that a Village street, public grounds or land dedicated for public use is obstructed or encumbered and he determines that such is a danger to public safety, he shall issue a written notice to the property owner of the premises which adjoin the obstructed public area directing that the obstruction be removed as soon as possible but no longer than ten (10) days. If the property owner shall fail to comply with the written notice, the Village Engineer shall remove such obstruction and make the return of the cost and expense thereof to the Village Clerk who shall enter such cost on the next annual tax roll as a special charge against the property abutting such obstruction, and such sum shall be levied and collected as other special taxes against the real estate.
(2) Appeals. The Village of River Hills Board of Appeals, created under the Village of River Hills Code pursuant to SS 62.23(7)(e) Wis. Stats., shall hear and decide appeals where it is alleged that there is error in any order, decision or determination made by Village personnel in administering this ordinance. The Board shall also use the rules, procedures, duties, and powers authorized by statute and Village ordinances in hearing and deciding appeals. Upon appeal, the Board may authorize variances from the provisions of this ordinance which are not contrary to the public interest, and where owing to special conditions a literal enforcement of the ordinance will result in unnecessary hardship.
(3) Village Not Liable for Damage to Encroachments. The Village shall not be liable for damage to any encroachment on a Village street, public grounds or land dedicated for public use if such encroachment has not been approved pursuant to Sec. 66.0425 Wis. Stats. (Ord. #482, 7/16/03)