(A) If snow, sleet, ice, or mud remains on any sidewalk in violation of this chapter, the City Manager or his or her designee may give notice to remove such snow, sleet, ice, or mud to the owner of the property contiguous to such sidewalk. Notice may be given either by personal service or by posting the notice on the property contiguous to the sidewalk. The notice shall contain:
(1) An order to remove the snow, sleet, ice, or mud within a stated time;
(2) A statement that the party may request a hearing before the City Manager within three days after receiving the notice;
(3) The address of the property contiguous to the sidewalk where the snow, sleet, ice, or mud exists; and
(4) A statement that if the snow, sleet, ice, or mud is not removed as directed, and no request for hearing is made within the prescribed time, the city may cause the removal of the snow, sleet, ice, or mud and assess the cost thereof against such property contiguous to such sidewalk, collect such costs in a civil action, or exercise any other remedy available at law to recover such costs.
(B) Within three days after receipt of such notice, if the owner or occupant of the land does not request a hearing with the City Manager or fails to comply with the order to remove the snow, sleet, ice, or mud, the City Manager or his or her designee may cause the city to remove the snow, sleet, ice, or mud. Within three days after receipt of such notice, the owner or occupant may make a written request for a hearing before the City Manager. Such a request shall suspend the notice to remove unless an emergency was declared as provided in this chapter. At such hearing, the City Manager may cause the city to remove the snow, sleet, ice, or mud within such time as the City Manager shall determine. If the snow, sleet, ice, or mud is not removed within the time specified by the City Manager, the City Manager or his or her designee may cause the city to remove the snow, sleet, ice, or mud. The costs and expenses of any such work shall be paid by the owner. If unpaid for two months after such work is done, the city may either levy and assess the costs and expenses of the work upon the lot or piece of ground so contiguous to such sidewalk in the same manner as other special taxes for improvements are levied and assessed; or recover in a civil action the costs and expenses of removing the snow, sleet, ice, or mud. The remedies provided in this section shall be cumulative with any other remedy provided in this municipal code, or otherwise available at law or in equity.
(Ord. 3959, passed - -2008)