(A) Removal requirements. It shall be the duty of the owner and/or occupant of every building or structure located in the town which has a sidewalk or footway of brick, stone, wood, concrete or other permanent material adjoining or touching upon the same to have all snow removed from sidewalk or footway. It shall be removed within 2 hours after normal business opening hours on Monday through Saturday in business zones B-1 and B-2, and not later than 10:00 a.m. in residential zones. This clearing shall be done to the width of the sidewalk or a width of 5 feet, whichever is lesser. The same requirements shall exist with respect to ice, sleet or mud on the sidewalks or footways, except that the same, when it cannot be removed without injury to the sidewalk, shall be covered, within the same period of time, with sawdust, ashes or other material which will render it safe for travel.
(B) Notice for removal. The Town Manager may, after causing the owner and/or occupant to be served with 2 hours’ notice of the requirements of this section, and upon the owner’s and/or occupant’s failure to comply within the time stated in the notice, cause the sidewalk to be cleaned or covered, which work shall be at the expense of the owner and/or occupant.
(C) Abatement by town. In case there is no occupant of the premises, and the owner or agent cannot be found, the Town Manager may cause the sidewalk to be cleaned or covered, which work shall be at the expense of the owner and/or occupant.
(D) Costs; collection; failure to pay to result in lien; perfection. Upon the completion of the removal or covering, the Town Manager shall send by certified mail to the owner and/or occupant a bill for the costs of the work with the notation thereon that the charges are collectible by the town as taxes and levies, and that failure to pay the bill within 60 days of the date of the bill will result in a lien being perfected against the property and the institution of other collection procedures. Upon the owner’s and/or occupant’s failure to pay the bill by the date set thereon, the Town Manager shall perfect the lien by recording the lien in the Clerk’s office of the County Circuit Court and may, pursuant to law, institute any collection procedures as he or she may deem necessary.
(E) Penalty for violation of section. In addition to the provisions of divisions (B), (C) and (D) of this section, violation of this section shall constitute a Class 4 misdemeanor.
(1997 Code, § 54-6) Penalty, see § 10.99
Statutory reference:
Removal of snow from sidewalks, see VA Code, § 15.2-1115