(a) No business or commercial owner or occupant of abutting lands shall fail to keep the sidewalks in reasonable repair and free from snow, ice or any nuisance. Owners of commercial or business property shall remove from the sidewalks all snow and ice accumulated thereon within a reasonable time, generally not to exceed 24 hours after any storm during which the snow and ice has accumulated.
(b) On information that sidewalks are not free of snow, ice, or any nuisance, the Director of Public Service, or their designee, shall cause a written notice to be served upon the owner or other person having charge of such land, notifying them that there is a violation of this chapter, and it must be remedied within three days after service of such notice. This notice shall contain the date of posting and the location of the property and shall indicate how to contact the City in response, as well as stating that in the case of unoccupied property or vacant land, the City will not make further notice for subsequent violations but will proceed with the remedies listed in this chapter for the remainder of the calendar year.
(c) Any police officer may make the required service of notice as long as they document the service in writing. The notice must be served on the owner or an agent of the owner.
(d) If the address of the owner or other person having charge of such land is known, such notice may be sent to their address by certified mail or via express courier service with a signature required. Service is complete upon receipt. In the event that such notice is returned refused or unclaimed, notice may be given by sending the notice regular mail, or by posting the notice on the land in a conspicuous manner. Service is complete upon mailing of regular mail or upon the posting of the notice on the land.
(e) If the address of the owner or person having charge of such land is unknown and cannot be reasonably ascertained, it shall be sufficient to publish the required notice once in a newspaper of general circulation in the county. And in addition, the Director of Public Service, or their designated agent, shall post the property by posting the notice on the land in a conspicuous manner.
(f) In the instance of unoccupied property or vacant land, only one notice per calendar year under the above-listed methods is required. If, after a notice has been previously served in accordance with this section, the Director of Public Service, or their designated agent, determines that a subsequent violation has occurred, they may proceed with the remedies set forth in this chapter.
(g) Snow, ice, or other nuisances in violation must be removed within three days after receipt or posting of such notice, whichever is earlier.
(h) If the owner, or other persons who are in charge of such lands, fails to comply within three days from the date of notice, the Director of Public Service, or their designee, shall cause the snow or other nuisance to be removed.
(i) All expenses incurred by removing snow or other nuisances, plus an administrative fee shall be reported to the Director of Finance, who shall mail a statement of the amount thereof to the owner of the land, if the address is known. For the first violation in a calendar year an administrative fee of $100 shall be levied. For the second violation in a calendar year an administrative fee of $200 shall be levied. For the third and subsequent violations in a calendar year an administrative fee of $400 shall be levied. If 30 days after mailing the statement(s) required herein, such amount remains unpaid, the Director of Finance shall certify the total amount of the expenses and administrative fees, the name of the owner of the land and a sufficient description of the premises to the Summit County Fiscal Officer, to be entered on the tax duplicate, to be a lien on the land from the date of entry and to be collected as other taxes and assessments and returned to the City, pursuant to R.C. S 727.01.
(j) Whoever violates this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02.
(ORC 723.011) (Ord. 1974-68. Passed 2-18-74; Ord. 2022-011AA. Passed 6-6-22.)