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(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)
(A) No person shall be allowed to keep or use the space beneath the sidewalk lying between lot line and curb line unless said person shall maintain and keep in repair a sidewalk over such space used or constructed to be used and pay all damages that may be sustained by any person by reason of such use or by reason of said sidewalk being defective or in a dangerous condition.
(B) As a condition precedent to the continuance of any use of any space underneath the municipal sidewalks, the governing body may require applicant to furnish a bond to the municipality as obligee for the benefit of any person or persons who may suffer any damage or damages by reason of such use.
(C) The bond shall be in such sum as the governing body, in its discretion, may designate.
(Ord. 2329, passed 2-15-2011)
Every owner of any lot, lots or piece of land within the corporate limits shall at all times keep and maintain, for its entire width, the sidewalk along and contiguous to said lot, lots or pieces of land, as the case may be, in good and proper repair, in a condition reasonably safe for travel for all travelers thereon, and in compliance with the standards set by the city. In the event that the owner or owners of any lot, lots, or lands, abutting on any street, avenue or part thereof shall fail to construct or repair any sidewalk in front of his, her or their lot, lots or lands, within the time and in the manner as directed and required herein after having received due notice to do so, he, she or they shall be liable for all damages or injury occasioned by reason of the defective or dangerous condition of any sidewalk, and the governing body shall have power to cause any such sidewalks to be constructed or repaired and assess the costs thereof against such property. 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.
(Ord. 2329, passed 2-15-2011)
The Municipal Services Director or City Council may require sidewalks of the municipality to be repaired. Notice to the owners of property along and contiguous to any sidewalks in disrepair shall require said owners to make arrangements to have the sidewalk repaired. Said repairs shall be completed within 45 days after issuance of said notice. No special assessment shall be levied against the property unless said owner shall neglect or refuse to repair within the time prescribed and in the event that such owner fails to repair, the municipality shall cause the repairs to be made and assess the property owner the expense of such repairs. 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.
(Ord. 2329, passed 2-15-2011)
(A) Any person desiring to construct, or cause to be constructed, any sidewalk shall do so only as herein provided. It shall be unlawful for any person to construct, reconstruct, repair or replace any sidewalk without first having obtained a permit.
(B) Said owner shall make application in writing for a permit and file such application in the office of the Building Inspector. The permit shall give a description of the lot, or piece of land along which the sidewalk is to be constructed. The Building Inspector shall issue the desired permit unless good cause shall appear why said permit should be denied; provided, if it is desired to construct the sidewalk at any other than the regularly prescribed width, location, grade, materials or elevation, as set by the City Engineer, the Building Inspector shall submit the application to the governing body who shall determine whether the permit should be granted or denied. It shall be unlawful for any person to construct, or cause to be constructed said sidewalk at any other width, location, grade, material or elevation than so designated by the municipality. All sidewalks shall be built and constructed according to the time requirements, grade and construction standards set by the Building Inspector.
(Ord. 2329, passed 2-15-2011)
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