[Ord. No. 1526, 11-18-2020]
The purpose of this Article is to establish requirements for
removal of snow and ice on public sidewalks in order to protect the
public health and welfare of the residents, and businesses of the
City and to authorize the City to take certain actions to ensure that
the intent and requirements of this Article are met.
[Ord. No. 1526, 11-18-2020]
As used in this Article the following term shall have the meanings
indicated:
Any sidewalk for use by the public.
[Ord. No. 1526, 11-18-2020]
A.
It
shall be unlawful for any owner, agent, lessee, tenant or other person
occupying or having charge or control of any property abutting public
sidewalks to fail to take reasonable measures to remove all snow and
ice from such sidewalks within forty-eight (48) hours from the time
that the snowfall or ice storm ceases.
B.
Furthermore,
it shall be unlawful for any owner, agent, lessee, tenant or other
person occupying or having charge or control of any property to place
snow removed from said property upon any public street, alley or sidewalk.
[Ord. No. 1526, 11-18-2020]
A.
Courtesy
Notice. The City Administrator, or his/her designee, is hereby designated
as the “Public Officer” and shall be charged with the
administration and enforcement of this Article. The Public Officer,
or an authorized assistant, shall notify, in writing, the owner, occupant
or agent in charge of any property in the City adjacent to public
sidewalks with snow and ice in violation of this Article, by mail,
by personal service, or by posting notice on the front door. The first
notice will be sent as a courtesy and no fee or assessment will be
charged. This courtesy notice will inform the owner, occupant or agent
in charge of the property of the requirements to remove snow and ice
from public sidewalks within forty-eight (48) hours from the time
that the snowfall or ice storm ceases. Only one (1) courtesy notice
each winter season shall be required.
B.
Enforcement
Notice. An enforcement notice may be issued following the courtesy
notice. Such notice shall include the following:
The second notice shall, as a minimum, include the following:
1.
The owner, occupant or agent in charge of the property is in violation
of the City snow and ice removal law on public sidewalks.
2.
The owner, occupant or agent in charge of the property is ordered
to remove snow and ice within twenty-four (24) hours of the receipt
of notice unless it has already melted due to weather temperatures.
3.
The owner, occupant or agent in charge of the property may request
a hearing before the Governing Body or its designated representative
within five (5) days of the notice to contest any nuisance fee or
special assessment. This does not apply to a citation issued in Municipal
Court or decision of the Municipal Judge.
4.
If the owner, occupant or agent in charge of the property does not
remove the snow and ice on public sidewalks to the satisfaction of
the Public Officer, the City or its authorized agent will remove the
snow and ice and assess the cost of this removal, including a reasonable
administrative fee, against the owner, occupant, or agent in charge
of the property and at the option of the Public Officer will:
5.
The owner, occupant or agent in charge of the property will be given
an opportunity to pay the assessments and, if it is not paid, the
assessments will be added to the property tax as a special assessment.
6.
No further notice shall be given prior to snow and ice removal during
the calendar year.
7.
The owner, occupant or agent in charge of the property shall contact
the Public Officer if there are any questions regarding the order.
|
If there is a change in the recorded owner of title to the property
subsequent to the giving of notice prior to this Subsection, the City
may not recover any costs or levy an assessment for the costs incurred
by the removal of snow or ice on public sidewalks adjacent to such
property unless the new recorded owner of title to such property has
been provided notice as required by this Section.
|
[Ord. No. 1526, 11-18-2020]
A.
Upon the expiration of twenty-four (24) hours after receipt of an enforcement notice required by Section 220.380; and in the event that the owner, occupant or agent in charge of the premises shall neglect or fail to comply with the requirements of Section 220.360, the City or its authorized agent shall cause the snow or ice to be removed and assess the cost of removal, including a reasonable administrative fee, against the owner, occupant or agent in charge of the property and, at the option of the Public Officer, will:
B.
The
Public Officer or his/her authorized agent shall give notice to the
owner, occupant or agent in charge of the premises by mail of the
costs of the nuisance fee and the costs of the abatement of the nuisance,
if applicable. The notice shall state the payment of the costs is
due and payable within thirty (30) days following issuance of the
notice.
C.
If
the costs of the nuisance fee or of removal or abatement costs remain
unpaid after thirty (30) days following issuance of the notice, a
record of the costs of such nuisance fee or the costs of the removal
shall be certified to the City Clerk who shall cause such costs to
be assessed against the particular lot or piece of land in front of
or abutting the sidewalk on which such snow or ice was so removed.
The City Clerk shall certify the assessment to the County Clerk at
the time other special assessments are certified for spreading on
the tax rolls of the County.
[Ord. No. 1526, 11-18-2020]
A.
Upon conviction of the owner, occupant or agent in charge of the property by the Municipal Court of the City of any provisions of this Article, such owner, occupant or agent in charge of the property shall be fined an amount according Section 100.100, General Penalty as follows:
Whenever any offense is declared by any provision of this Code,
absent a specific or unique punishment prescribed, the offender shall
be punished in accordance with this Section:
B.
Whenever
any provision of this Code declares that each day of violation of
a Code Section constitutes a separate offense, each day shall be deemed
ended at 6:00 p.m. on the day following the original or previous offense.
