The following rules and regulations shall apply to snow and ice removal from all city sidewalks:
(A) Except as otherwise established by division (B) of this section, each owner and occupant of any building, in front of which or adjacent to which a sidewalk has been constructed for use by the public, shall clear that sidewalk of snow or ice within 12 hours after said snow or ice has ceased to be deposited thereon. If the snow or ice shall not be removed within 12 hours, the owner or occupant can either be prosecuted for a misdemeanor or the city can give written notice to the owner or occupant demandingremoval of the snow or ice within 24 hours from the date set forth in the notice, and upon failure of the owner or occupant to remove the snow or ice within said period, the city may have the work done either by its employees or by contract, and the cost of said work shall then be billed against the owner or occupant. If the owner or occupant shall fail to pay the bill within 30 days, the Council may then assess the amount due, plus interest, against the property. Once written notice has been given to the owner or occupant, no subsequent storm or condition can effect that notice except that the time for compliance shall be continued until 12 hours after said new snow or ice have ceased to be deposited thereon. Once written notice has been given, and before compliance, any subsequent snow or ice shall be deemed to be included in said notice;
(B) The Council may by resolution, and after a hearing, designate that certain sidewalks within the city shall be kept clean of snow and ice by the city, thereby relieving the owner or occupant of that duty, and the city shall keep records of all expenses, including legal, and in August of each year shall bill each owner or occupant for their share or any part thereof of all expenses incurred by the city. If the owner or occupant shall fail to pay the bill as submitted by the city within 30 days, the Council may then assess the amount, plus interest, against the property;
(C) Conditions:
(1) Winds of less than 15 mph shall not be considered sufficient cause for not keeping sidewalks clear of snow and ice;
(2) Written notice shall be sent to: both owners and occupants where the property is used for industrial, commercial and residential purposes; to owners where the property is used for apartments or duplexes or where the property is vacant;
(3) Property ownership for the purposes of this section shall be determined by the city the same way property ownership is determined for assessment purposes;
(4) For the purposes of this section all sidewalks located on or next to a public street or alley shall be considered for public use and shall be controlled by this section;
(D) This section shall not be construed to affect the responsibility or liability of the property owners for damages to persons or property because of the condition of the sidewalk. The city shall not be held as assuming any such liability by reason of its removing the snow or ice under this section. If the city decides to assume the liability when it does the snow or ice removal, the cost of insurance covering such operations shall be considered as a cost to be paid by the property owners.
(`89 Code, § 151.030) Penalty, see § 10.99