(a) No owner or occupant having charge of abutting lands shall fail to keep the sidewalks, curbs or gutters in repair and free from snow, ice or any other nuisance. For the purposes of this section, “sidewalk” does not include the recreational trails which are located on Brainard, Emery, Harvard, Lander and Miles Roads and Orangewood Drive.
(Ord. 2021-4. Passed 3-10-21.)
(b) Snow and/or Ice Accumulation, Public Nuisance. Snow and/or ice accumulation in excess of three (3) inches on public sidewalks in the U-4, U-4A, U-5, U-6, U-7 and PM-UD Districts that remains on public sidewalks twenty-four (24) hours after the end of any snowfall with an accumulation of three (3) inches or more is hereby declared to be a public nuisance.
(c) Removal of Snow and/or Ice Accumulation. Upon information that a snow and/or ice accumulation public nuisance exists, as defined in subsection (b), the Building Commissioner shall cause written notice to be served upon the owner of record, and any occupant having charge of such lands abutting the sidewalk (including but not limited to any lessee, agent, or tenant), whether the same is improved or unimproved, vacant or occupied, notifying him or her that snow and/or ice accumulation exists on such sidewalk, in violation of subsection (b) and must be removed within twenty-four (24) hours after the service of the notice.
(Ord. 2017-9. Passed 4-12-17.)
(d) Notification; Service. If such owner and/or other persons having charge of such lands is a resident whose address is known to the Village, personal service shall be made by any police officer or employee of the Village Building Department to the owner and/or any other person having charge of such lands. If such owner and/or other person having charge of such lands has an address that is not located within the Village, such notice shall be sent to his or her address by certified mail, return receipt requested; if the certified mail is returned, or if actual notice cannot be made to a resident owner and/or other persons having charge of such lands within the Village, such notice shall be mailed by regular mail to the tax mailing address on the title deed to the property. If mail delivery of the notice cannot be accomplished, it shall be sufficient to publish such notice once in a newspaper of general circulation in Cuyahoga County, Ohio.
(Ord. 2020-11. Passed 7-8-20.)
(e) Compliance. The owner, occupant or person having the charge of such lands that abut a sidewalk with snow and/or ice accumulation, as described in this section, within twenty- four (24) hours after receiving written notice that snow and/or ice accumulation exists on such sidewalk, shall remove or cause to be removed such snow and/or ice accumulation.
(f) Noncompliance; Remedy of the Village. If the owner or person having charge of lands described herein fails to comply with such notice, the Building Commissioner shall cause such snow and/or ice accumulation to be removed, and the expenses so incurred shall be paid out of the treasury of the Village, and an in voice for such costs, including an administrative fee of twenty-five dollars ($25.00) shall be submitted by regular mail to the owner or person having charge of such lands for reimbursement to the Village.
(g) Collection of Costs. In the event the owner or person having charge of such lands does not reimburse the Village for the expenses incurred in furtherance of this section within forty- five (45) days of the mailing of the invoice by the Village, the Treasurer shall certify such expenses to the Auditor of Cuyahoga County, with request that such amount be entered upon the tax duplicate and a lien upon such lands, from and after the date of the entry, and be collected as other taxes and returned to the Village according to law.
(h) Penalty. Whoever violates any provision of this chapter is guilty of a minor misdemeanor on the first offense and a misdemeanor of the fourth degree on each subsequent offense. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 2017-9. Passed 4-12-17.)
(Ord. 2017-9. Passed 4-12-17.)