[Code 1967, § 5.01; Code 1997, § 86-1]
(a)
Cleaning streets abutting owner's duty. It shall be the duty of the owner and occupant of any dwelling, store, building or structure of any kind to clean to the edge of the pavement of the street or highway, pedestrian walk or other public way on which such property abuts, including the entire lot or parcel of land, whether or not the building or structure thereon covers the entire lot.
(b)
Cleaning by village. The superintendent of public works shall make personal inspection of all streets, highways, pedestrian walks and other public ways in the village to see that the provisions of this section are observed and obeyed; and in case of the failure of any owner or occupant to comply with the provisions of this section, the superintendent of public works shall cause the material to be removed, keeping an accurate record of the cost incurred by the village in effecting such removal, and shall then mail or deliver a bill for such work to the owner and to the occupant of the premises, which bill shall carry thereon a notation that unless the same is paid within 30 days from the end of the month in which the bill is mailed or delivered, the amount thereof will be certified and levied as a special tax against the premises in the next succeeding tax roll, and collected as all other taxes are collected.
(c)
Exceptions.
(1)
The provisions of this section shall not apply in respect to sand or ashes placed on any street, highway, pedestrian walk or other public way to make the same safe for vehicular or pedestrian travel where necessary because of ice or snow on such street, highway, pedestrian walk or other public way.
(2)
The provisions of this section shall not apply to the placing of materials referred to by this section for collection by the department of public works in its regular collection of rubbish, and in conformity with such rules and regulations in respect thereto as may be issued from time to time.
(d)
Excavation dirt and fill. It shall not be a violation of this section to leave any dirt piled on a street, highway, pedestrian walk or other public way during the course of excavating for the installation of a sewer or gas main, or underground electric wires or cables, and the similar piling of gravel or material to be used in filling such excavation provided such excavation and materials so piled are adequately marked by barricades and lights to warn and protect the public, a proper permit for such excavation has been obtained, the excavation is promptly made and filled, and any such materials so piled are removed from the street, highway, pedestrian walk or other public way prior to 6:00 p.m. of the day following the completion of the filling of the excavation.
(e)
Contractor's responsibility. Any person performing any work or labor in the village shall be responsible for any violation of this section by him or by any agent or employee of his. A subcontractor, and the agents and employees of a subcontractor, for the purposes of this section, shall be considered agents or employees of the principal contractor.