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It is hereby the duty of the Municipal Services Director or his or her duly authorized agent to view and inspect the sidewalk space within the corporate limits for growing weeds during the growing season and, if rank and noxious weeds are found growing thereon, he or she shall notify the owner or occupant thereof, to cut down such weeds as close to the ground as can be practicably done and keep the weeds and grasses cut thereon in like manner during the growing season for weeds and grasses; provided, any weeds, grasses or other rank growth of vegetation growing in excess of 12 inches on any terrace shall be considered a violation of this section. In the event that the owner of the lot or parcel of land abutting said terrace within the municipality is a non-resident of the municipality or cannot be found therein, the notice may be given to any person having the care, custody or control of such lot or parcel of land. In the event that there can be found no one within the municipality to whom notice can be given, it shall be the duty of the Municipal Services Director or his or her agent to post a copy of the notice on the premises and then to cut or cause the weeds thereon to be cut as therein provided and report the cost thereof in writing to the governing body. The cost shall then be audited and paid by the municipality and the amount thereof shall be assessed against the lot or parcel of land as a special tax thereon and shall be collected as are other taxes of the municipality or may be recovered by civil suit brought by the municipality against the owner of the parcel of land. In the event the property owner is a non-resident of the county in which the property lies, the municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested to the last known address of the non-resident property owner. The last known address shall be that address listed on the current tax rolls at the time such required notice was first published.
(2005 Code, § 8-106)
(A) No person, firm or corporation shall erect, or maintain, any sign, signboard, poster, awning or rigid canopy over any street, sidewalk, alley or on other public property without having first obtained a permit therefor. Permits for signs, canopies, awnings, posters and signboards shall be issued by the Building Inspector, upon the payment of a fee set by resolution of the governing body. All signs, awnings and canopies extending over any public sidewalk, street, alley or other public place must be securely fastened and constructed so that there will be no danger of the same being dislodged by ordinary winds or falling from other causes. No sign, awning or canopy shall be erected or maintained which extends over any public sidewalk, street, alley or other public place in such a location as to obstruct the view of any traffic light, sign or signal. Upon the written order of the governing body, any person owning or occupying the premises where such a sign, awning, canopy, poster or signboard extends over public property, shall cause the same to be removed within the time limit specified on such notice.
(2005 Code, § 8-107)
(B) (1) All awnings erected or allowed to remain over the sidewalk space shall be of approved material. All awnings, signs and canopies shall be elevated at least eight feet at their lowest part from the top of the public sidewalk and shall not project over the sidewalk to exceed three-fourths of the width thereof, nor any closer than three feet to the curb line of any street or alley.
(2) They shall be supported, without posts, by iron brackets or by an iron framework attached firmly to the building or other support, so as to leave the public property wholly unobstructed thereby.
(2005 Code, § 8-108)
(A) The owner or occupant of any lot, piece or parcel of ground abutting or adjacent to any street, alley, sidewalk or public property over which there extends the branches of trees shall at all times keep the branches or limbs thereof trimmed to the height of at least eight feet above the surface of said walk and to a height of at least 12 feet above the surface of said streets and alleys.
(B) Whenever the limbs or branches of any tree or trees extend over streets or sidewalks contrary to the provisions herein or so as to interfere with the lighting of the street from street lights, or with the convenience of the public using said street or sidewalk, the city shall give notice to the owner or occupant by publication, or personal service ordering the owner or occupant to cut or remove said obstructions within five days after having received a copy thereof, stating that the municipality will remove said branches and charge the costs thereof to the owner or occupant as a special assessment for improvements as herein provided, if said notice is not complied with.
(C) In the event the property owner is a non-resident of the county in which the property lies, the municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested to the last known address of the non-resident property owner. The last known address shall be that address listed on the current tax rolls at the time such required notice was first published.
(2005 Code, § 8-110)
(A) (1) It shall be unlawful for the occupant of any lot or lots or the owner of any vacant lot or lots within the corporate limits to allow snow, sleet, mud, ice or other substance to accumulate on the sidewalks or to permit any snow, sleet, ice, mud or other substance to remain upon said sidewalk.
(2) All sidewalks shall be cleaned within 36 hours after the cessation of a storm.
(3) The snow placed on sidewalks by city snowplows is a natural result of clearing the streets and is the responsibility of the property owner or occupant to remove.
(B) Snow from sidewalks and driveways may not be placed on city streets with the following exceptions:
(1) By city employees in the performance of work related duties; or
(2) By downtown businesses located in an area from Railroad Street to 6th Avenue and from Grant Street to Garfield Street (commonly known as “downtown”) in an effort to establish a clearance for the conducting of business. Only snow from downtown sidewalks may be placed in city streets within 36 hours of the cessation of snowfall.
(C) Notice to remove such substances shall be made upon the owner or occupant of the premises, or his or her agent, and such notice shall demand the removal of such substances forthwith. If the person owning or occupying such premises is unknown or cannot be found, or if any reasonable service cannot be had upon any such owner, agent or occupant within the city, then such service shall be made by posting a typewritten copy of such notice in some conspicuous place on the premises. In case the owner, agent or occupant shall fail to remove the ice, snow, mud or other substances, then it shall be the duty of the Municipal Services Director to remove such substance, and the expense thereof shall be charged against the property and the owner thereof, and may be recovered by proper action in the name of the city or may be charged against the property as a special assessment for improvements.
(Ord. 2329, passed 2-15-2011)
(A) Each 24-hour period commencing with the declaration of a snow emergency shall be deemed to be a separate day. Every day or part thereof that any violation of any provision of this article shall continue beyond the first day shall constitute a separate offense and may be charged as a second or subsequent offense.
(B) Any person who shall violate any provisions of this article shall, upon conviction, be punished by a fine of at least $15 and not exceeding $100 if such violation be a first offense; or at least $25 and not exceeding $200 if such violation be a second offense and charged as such; or at least $35 and not exceeding $300 if such violation is a third or subsequent offense and charged as such; and, in addition thereto, shall pay the costs of prosecution.
(C) Any person who shall violate any provision of this article shall also, if his or her motor vehicle was removed by or at the request of the city, pay such charges for removal and storage as are from time to time set by resolution of the Mayor and Council of the city.
(Ord. 2329, passed 2-15-2011)
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