102-221 Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Sidewalk means that portion of a street between the curblines or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.

(Code 1985, § 23-64(d))

Cross referenceDefinitions generally, § 1-2.

102-222 Duty to remove snow and ice; violation and penalties.

(a)    The accumulation of snow and ice upon paved sidewalks in the city is a threat to the health, safety, and welfare of the public and is hereby deemed to be a nuisance. Violation of any provisions of this article shall be deemed a municipal civil infraction, punishable by a fine of not less than $100.00, or more than $500.00; plus any costs, damages, expenses, and other sanctions. This article is further subject to the repeat offender provision of this Code. This provision states that increased civil fines may be imposed for repeated violations by a person of any requirement or provision of this article. As used in this article, “repeat offense” means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision (i) committed by a person and (ii) for which the person admits responsibility or is determined to be responsible. The increased fine for a repeat offense under this article shall be as follows:

(1)    The fine for any offense which is a first repeat offense shall be no less than $300.00, plus costs.

(2)    The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be no less than $500.00, plus costs.

Further, each day on which any violation of this article continues constitutes a separate offense and shall be subject to penalties or sanctions as a separate offense. In addition to any other remedies available at law, the city may bring in the local district court an injunction or other process against a person or company to restrain, prevent, or abate any violation of this article.

(b)    Every owner and every person in charge or control of any building or lot or piece of land fronting or abutting on a paved sidewalk, whether as owner, tenant, occupant, lessee or otherwise, shall remove and clear away, or cause to be removed and cleared away, snow and ice from so much of such sidewalk as is in front of or abuts on such building or lot or piece of land. Except as provided in subsection (c) of this section, snow and ice shall be so removed from sidewalks within 24 hours after the cessation of any fall of snow, sleet or freezing rain.

(c)    If snow and ice on a sidewalk has become so hard that it cannot be removed without likelihood of damage to the sidewalk, the person charged with its removal shall, within the time mentioned in subsection (b) of this section, cause enough sand or an agent designed to melt the ice without damage to the sidewalk to be put on the sidewalk to make travel thereon reasonably safe, and shall as soon thereafter as weather permits cause such sidewalk to be thoroughly cleaned.

(Code 1985, § 23-64(a)—(c); Ord. No. 2090, § 1, 2-25-99)

102-223 Depositing of snow and ice restricted.

No person shall deposit any snow or ice on or against a fire hydrant or on any sidewalk, roadway, or loading and unloading areas of a public transportation system, except that snow and ice may be windrowed on public roadways incident to the cleaning thereof, or windrowed on curbs incident to the cleaning of sidewalks where buildings or other structures are in such close proximity to the sidewalk that sufficient space is not available on the land fronting or abutting the sidewalk to deposit the snow or ice.

(Code 1985, § 23-65)

102-224 Violations; city may cause removal; liability; penalty.

(a)    If any person charged with the treatment or removal of snow and ice from any sidewalk as set forth in this article shall fail or refuse to remove or treat the sidewalk within the time limit provided in this article, the city shall have the right to forthwith remove or treat, or cause the treatment or removal of, such snow and ice.

(b)    All costs incurred by the city in connection with the treatment or removal of snow and ice from sidewalks shall be a lien upon the property fronting or abutting on such sidewalk, and all costs of such treatment or removal remaining unpaid shall be recovered by special assessment proceedings commenced in April of each year, pursuant to provisions contained in the Charter, and shall be collected in the same manner that other special assessments are collected under the Charter. The computation of costs to be recovered by the city under this article may include a reasonable allocation for indirect costs, such as administrative overhead, in addition to actual direct costs incurred, and, in addition, shall include a penalty of ten percent of such total costs.

(c)    The right on the part of the city to proceed under this section shall not affect the right to prosecute for violation of this article under section 102-222 and shall be in addition and supplemental thereto.

(Code 1985, § 23-66)

102-225—102-245 Reserved.