[HISTORY: Adopted by the City Council of the City of Garfield 8-15-1961 by Ord. No. 1284 (Ch. 216 of the 1979 Code); amended in its entirety 12-27-2018 by Ord. No. 2802. Subsequent amendments noted where applicable.]
[Amended 2-23-2021 by Ord. No. 2859]
The owner or tenant in possession of any lands abutting or bordering upon the sidewalks and gutters of any public streets of the City shall remove or cause to be removed from the abutting sidewalks and gutters:
A. 
All snow or ice therefrom within 24 hours after the same shall fall or be formed thereon.
B. 
Each individual homeowner, landlord and/or renter who violated this section shall be punished as follows:
(1) 
First offense: $150 fine, payable by mail, in person or online. Court appearance is not required.
(2) 
Second offense within a twelve-month period: A $250 fine, payable by mail, in person or online. Court appearance is not required.
(3) 
Third offense within a twelve-month period: A fine of $500, and a mandatory court appearance. The City Municipal Judge shall have the authority to sentence the offending party to not less than eight hours and more than eight hours and no more than 30 hours of community service.
(4) 
Fourth offense and each offense thereafter, within a twelve-month period: A $2,000 maximum fine and a mandatory court appearance. The City Municipal Judge shall have the authority to sentence the offending party to not less than 50 hours and no more than 100 hours of community service.
[Amended 2-23-2021 by Ord. No. 2859]
A. 
No person, including the owner or occupant of any lands or premises abutting or bordering upon any street, shall place, deposit, throw or shovel any snow or ice into or upon that portion of any such street which has been cleaned, plowed or shoveled of snow or ice by the City or by any governmental agency or authority or by any public utility having and exercising a franchise or permit to operate autobuses along any streets in the City, at any time after said street has been cleaned or plowed as aforesaid.
B. 
No owner or occupant of any lands or premises abutting or bordering upon any street shall cause, allow or permit any person to do or perform any of the said conduct prohibited by this section.
C. 
Each individual homeowner, landowner and/or renter who violated this section shall be punished as follows:
(1) 
First offense: $150 fine, payable by mail, in person or online. Court appearance is not required.
(2) 
Second offense within a twelve-month period: A $250 fine, payable by mail, in person or online. Court appearance is not required.
(3) 
Third offense within a twelve-month period: A fine of $500, and a mandatory court appearance. The City Municipal Judge shall have the authority to sentence the offending party to not less than eight hours and more than eight hours and no more than 30 hours of community service.
(4) 
Fourth offense and each offense thereafter, within a twelve-month period: A $2,000 maximum fine and a mandatory court appearance. The City Municipal Judge shall have the authority to sentence the offending party to not less than 50 hours and no more than 100 hours of community service.
In cases where the owner or tenant shall have failed or refused to remove said snow within the time provided in § 280-1, the Superintendent of the Department of Public Works shall remove or cause to be removed the same. The Superintendent of the Department of Public Works shall certify the cost thereof to the Council. Upon receipt of the certificate, the Council shall examine same and, if found correct, shall cause such cost to be charged against the lands abutting as aforesaid. The amount so charged shall thereupon become a lien and tax upon such lands and shall be added to and become part of the taxes next to be levied and assessed upon such lands. Said amount shall bear interest at the same rate and shall be collected and enforced by the same officers and in the same manner as taxes.
The provisions of this chapter shall be enforced by the Construction Official or his designee, the City Manager or his designee, Police Department, DPW Superintendent or his designee and the Property Maintenance Code Enforcement Officers.