(A) Upon observing a violation of the provisions specified in section 8.5.030 of this title, the City Street Superintendent, City Code Enforcement Office or the McCall City Police Department is authorized to serve a Notice of Snow Storage Violation, by any one or more of the following means:
1. By securing a Notice of Snow Storage Violation to the front door or other prominent location on the real property from which the snow deposited in the right of way originated;
2. By personally serving the owner or lessee of the real property from which the snow deposited in the right of way originated with a Notice of Snow Storage Violation. Such service may be effectuated by personally serving a Notice of Snow Storage Violation upon a person who is over the age of eighteen (18) years, and who is found within a dwelling structure upon the real property from which the snow deposited in the right of way originated;
3. By mailing, via United States Postal Service first class mail, a Notice of Snow Storage Violation to the mailing address for the real property from which the snow deposited in the right of way originated as well as by mailing a copy of the Notice of Snow Storage Violation to the owner of record as identified for property tax purposes by the Valley County Assessor.
(B) Every Notice of Snow Storage Violation shall include the following, if applicable to the observed violation:
1. The date and time the violation was observed;
2. The location where the violation occurred;
3. The address for the property from which the snow storage violation originated;
4. The Code section violated and a brief description of the violation;
5. The fine amount and any applicable fees;
6. Instructions explaining how the owner, lessor or occupant of the real property may pay the fine and fees associated with the snow storage violation; and
7. A statement describing the process by which the owner of the real property from which the snow deposited in the right of way originated, or any other person receiving the Notice of Snow Storage Violation may request reconsideration of the Notice of Snow Storage Violation.
(C) A separate Notice of Snow Storage Violation may be served for each violation.
1. Failure to completely remediate a snow storage violation under this Section within four (4) days of service of a Notice of Snow Storage Violation shall constitute a new snow storage violation under this Section and shall warrant service of an additional Notice of Snow Storage Violation according to the terms of this Section.
(D) One copy or an automated record of each Notice of Snow Storage Violation shall be filed with the City Clerk’s office.
(E) Each person served with a Notice of Snow Storage Violation shall, within thirty (30) business days from the date on the Notice of Snow Storage Violation was served upon a person, or if notice is served by mail, within thirty (30) business days from the date of posting to the address of the real property from which the snow deposited in the right of way originated, shall:
1. Pay the corresponding snow storage violation fine amount on the City Clerk fine schedule which schedule shall be set by resolution of the City Council from time to time, plus any applicable fees; or
2. Submit to the City Clerk’s Office a request for reconsideration of the violation indicated on the Notice of Snow Storage Violation.
3. All unpaid violations shall have an administrative fee in an amount as established by the City Council and listed on the most current City Clerk fee schedule to defray the administrative and personnel costs and mailing expenses arising from collection of fines
(F) A request for reconsideration to the City Clerk is an informal process by which a person who received a Notice of Snow Storage Violation may submit a written challenge to the validity of a Notice of Snow Storage Violation and ask for reconsideration of the snow storage violation by the City Clerk. The City Clerk shall review all documents, evidence and information submitted and, within ten (10) business days of the receipt of the request for reconsideration, the City Clerk shall issue a written decision determining whether reversal of the issued Notice of Snow Storage Violation is warranted. A Notice of Snow Storage Violation shall only be reversed by the City Clerk if the Clerk can find by a preponderance of the evidence presented that the Notice of Snow Storage Violation was issued in error. The City Clerk’s written determination shall be final. The City Clerk’s written decision shall become effective immediately upon transmission of the decision to the applicant by U.S. Mail. The City Council may set a fee to defray the cost of such requests for reconsideration. The reconsideration fee must be collected by the City Clerk before a request for reconsideration will be honored.
(G) A Notice of Snow Storage Violation shall be delinquent if the person responsible for payment fails to pay all fines and fees:
1. Within thirty (30) business days from the date on the Notice of Snow Storage Violation was personally served as provided herein; or
2. Within thirty (30) business days from the date of posting notice to the address of the real property from which the snow deposited in the right of way originated; or
3. Within ten (10) days of transmission of the City Clerks written decision on a request for reconsideration to the Applicant via U.S. Mail.
(H) Any person holding a business license and a permit for commercial snow removal service who violates the provisions of section 8.5.030 of this title, shall, on the first offense, be issued a Notice of Snow Storage Violation and shall be subject to a fine in the amount indicated on the fine schedule approved by the City Council and maintained by the City Clerk, and a fee set by the City Council to offset the administrative costs of issuance of the Notice of Snow Storage Violation, and collection of the corresponding fee. Any contractor found to have violated the provisions of section 8.5.030 of this title a second time within 365 days of the first offense shall be subject to suspension of their snow removal contractor’s license for a period of sixty (60) days. Any person who is issued a Notice of Snow Storage Violation may request reconsideration of the fine or business license suspension using the same process as applicable to snow storage violations provided in this Section. (Ord. 1013, 9-22-2022)