Chapter 12.40
SIDEWALK MAINTENANCE
Sections:
12.40.010 Removal of snow and ice.
12.40.015 Snow and ice removed from private property.
12.40.025 Violation – Penalty.
12.40.010 Removal of snow and ice.
It is hereby made the duty of the owner, occupant or agent in charge of any lots abutting upon any sidewalks to cause all snow and ice to be removed from the entire width of such sidewalks and sidewalk ramps intersecting such sidewalks within 48 hours from the time the snow or ice storm ends. If the snow falls or ice accumulates upon the sidewalks in the nighttime, removal of it must be within 48 hours after sunrise. In the event of an unusually heavy snowfall or additional snowfall within the 48-hour time period from the end of the first snowfall, the time limit shall be extended at the discretion of the Director of Public Works.
Where there shall be ice or compacted snow on any such sidewalk of such a character as to make it practically impossible to remove the same, the sprinkling of sand or noncorrosive chemicals on the accumulation of ice or snow in such a manner as to make such sidewalk reasonably safe for pedestrian travel shall be deemed sufficient compliance with the provisions of this section until the ice or snow can be removed.
Within pedestrian snow routes, as herein defined, the time for removal of snow and ice as provided for within this chapter shall be 24 hours. “Pedestrian snow routes” are defined to include the entire width of the sidewalks and sidewalk curb ramps adjacent to the following streets:
A. Main Street from Center to Moonlight.
B. Center Street from Madison to Main.
Each continuing 24- or 48-hour period of a violation shall constitute a separate offense, unless the time for removal has been modified at the discretion of the Director of Public Works as provided for herein. (Ord. 2829 § 1; Ord. 2534 § 1; Ord. 2366 § 5)
12.40.015 Snow and ice removed from private property.
It shall be unlawful for any person to remove snow from private property and place it upon any public street, alley or public sidewalk. The City will not remove any ice or snow accumulation from any private property. (Ord. 2829 § 1; Ord. 2534 § 1)
12.40.020 City removal.
If any owner, occupant or agent in charge of any lot or lots shall refuse or neglect to clean or remove from the entire width of the public sidewalk abutting the lot or lots all snow and ice within the time specified, the City will issue a notice of violation and directive to abate. The notice of violation and directive to abate shall be served by personal service to the owner, occupant or agent in charge of the premises. Service of the notice of violation and directive to abate shall be documented by a sworn written statement executed by the public officer who served the notice to abate. Following service of a notice of violation and directive to abate, the owner, occupant or agent in charge of the premises shall have 24 hours to comply with the requirements of this chapter. In the event the owner, occupant or agent in charge of the premises fails to comply with the requirements within this chapter within the 24-hour abatement time, the City may abate the violation and assess the costs of such abatement against the owner, occupant or agent in charge of the premises. The public officer or designee shall give notice to the owner, occupant, or agent in charge of the premises by restricted, certified mail, return receipt requested, of the costs of abatement to the property. The notice shall state the payment of the costs is due and payable within 30 days following mailing of the notice. If the costs of removal or abatement remain unpaid after 30 days following mailing of the notice, a record of the costs for the abatement shall be certified to the City Clerk who shall cause such costs to be assessed against the particular lot or piece of land on which the violation of this chapter was abated. The cost of such abatement shall be assessed against such abutting lot or lots and the City Clerk shall certify the same to the County Clerk for collection as provided by law. (Ord. 2829 § 1; Ord. 2534 § 1)
12.40.025 Violation – Penalty.
Violation of the provisions of this chapter shall be considered a municipal offense and upon adjudication of guilty, the violator shall be fined $25.00 for the offense, $50.00 for the second offense and $75.00 for any subsequent offense. (Ord. 2829 § 1; Ord. 2534 § 1)
12.40.030 Obstructing, etc.
Any person who shall leave or allow to be left any obstructions, including vehicles, that prohibit the use of sidewalks by the public or other public ways of this City longer than is necessary for loading or unloading shall be in violation of this code. (Ord. 2829 § 1; Ord. 2534 § 1; Ord. 2366 § 5. Formerly 12.40.020)