A. Enforcement; Penalty: The occupant of every store, shop, office, tenement or building and of every lot, part of a lot or other premises within the limits of the city, fronting or abutting upon any street, avenue or public grounds upon which a sidewalk is constructed and the owner of each and every unoccupied store, shop, office, tenement, building or lot, part of a lot, or other premises fronting or abutting as aforesaid, shall by eleven o'clock (11:00) A.M. of each and every day clear the sidewalk in front and upon the side of, any such store, shop, office, tenement, building, lot, part of a lot or other premises, as the case may be, of all snow, ice and rubbish then thereon, and cause such sidewalks at all times to be kept clear of snow, ice and rubbish. (Ord. 477, 4-7-1975; amd. 1998 Code)
B. Abatement By City: If any such occupant or owner shall refuse or neglect to remove any such snow, ice or rubbish in the manner as in this section provided, the city may abate the nuisance by following the procedure described in this section. If the city manager determines that a nuisance exists on account of the failure to comply with subsection A of this section, the city manager shall notify the property owner by mailed notice of the existence of such a nuisance. Such notice shall give the property owner three (3) days from the date of mailing to abate the nuisance. If the nuisance is not abated within that time, the city manager may cause the same to be removed. In case of removal, the city may recover the expenses thereof, either by civil action against the owner or occupant or by ordering the city clerk to extend such sum plus twenty five percent (25%) thereof as a special assessment against such lot, to be collected with other city taxes. The city shall mail the property owner notice of the amount of such expenses. The property owner shall have thirty (30) days from the date of such notice to appeal to the city council. After the first notice as to the existence of a nuisance, no further notice in that calendar year shall be required for a recurring nuisance. It shall be sufficient notice for the city to send one notice per calendar year containing the total expenses proposed to be recovered by the city for such recurring nuisance. (Ord. 868, 2-20-2007)