A. Intent Of Section: Snow and ice accumulation on sidewalks pose a threat to pedestrian traffic. It is the city's policy to place the responsibility for removal of snow and/or ice from sidewalks on the abutting property owner and in instances where the abutting property owner fails to properly remove and/or treat snow and/or ice accumulations, the city may take appropriate action at the owner's expense to secure the removal of snow and ice. It is the intent of this section to provide for certain procedures relative to the removal of snow and ice from sidewalks and for certain penalties for failure to act hereunder.
B. Enforcement Of Section: The Director of Public Services, the Director of Development Services, or the Police Chief or their designated representative shall enforce the provisions of this section.
C. Definitions: Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall have the meanings given in this subsection:
ACCUMULATIONS: Snow and/or ice deposits.
PERSON: Includes an individual or group or association of individuals; a firm or any member thereof; a corporation, or any executive officer, manager, person in charge or employee thereof; and the use of a pronoun specifying one gender shall include both genders.
PROPERTY OWNER: The record titleholder or the contract purchaser of record, if any.
SNOW SEASON: The period beginning October 1 and ending May 1.
D. Obligation Of Property Owner:
1. The owner of any property abutting a public sidewalk with the exception of bike paths and combination bike paths/pedestrian walkways maintained by the city, shall remove snow, ice and accumulations from sidewalks within a reasonable time but in no case more than twenty-four (24) hours following the cessation of the weather or other event by which they were deposited, provided, however, that in extraordinary weather circumstances the Director of Public Services or their designated representative may extend the period of time provided herein. In those situations the Director of Public Services or their designated representative will deliver to representative news media a statement indicating the amount of additional time the property owners shall have to remove accumulations from sidewalks.
2. If accumulations are not removed as required above, including any extraordinary weather circumstances, or required treatment pursuant to subsection E of this section is not completed and maintained, the Director of Public Services or their designated representative is hereby authorized to personally serve upon the owner or responsible party of the property a written notice to abate which shall include a description of the violation and City Code section, a description of the action necessary to abate the violation along with a specified time period to abate. Failure to comply with the order to abate will cause the City to undertake such abatement and assess the actual and administrative costs in addition to any other action provided for in City Code. In lieu of personal service, service of this notice shall be deemed adequate by posting the notice in a conspicuous place on the property or building where the violation has occurred. If there is no building on the property, a sign shall be posted on the property providing notice. The owner or responsible party of the property in violation must comply with the notice and shall have twenty-four (24) hours from the time of service or posting of this notice in which to take corrective action and bring the sidewalk into compliance with this code. The existence of extraordinary weather conditions as determined by the Director of Public Services, pursuant to this subsection, shall extend the twenty-four (24) hours until such extraordinary weather conditions have dissipated. Upon notification by the Director of Public Services of the end of extraordinary weather conditions, the twenty-four (24) hours will start. If the accumulations are not timely removed or the required treatment pursuant to subsection E of this section is not completed and maintained, the City Attorney or their designated representative is authorized to issue a municipal citation pursuant to section 364.22 of the code of Iowa or to seek alternative relief pursuant to this section.
3. A second subsequent violation of this section shall not be considered a repeat offense pursuant to section 364.22(1), code of Iowa, for the purposes of increasing the civil penalty provided in said code section, unless the prior or preceding offenses have occurred within the current snow season.
E. Treatment Of Unremovable Snow And/Or Ice: When accumulations have formed upon any sidewalk so that it cannot be reasonably removed, the abutting property owner shall within the period set forth in subsection D of this section keep and maintain such accumulations sprinkled with fine cinders, sand or deicing chemicals in such manner as to provide traction and prevent the sidewalk from being dangerous to persons using the same. Nothing in this subsection shall be construed to be a substitute for the removal of accumulations, as required in subsection D of this section. This subsection shall only apply when accumulations cannot be reasonably removed, however, all accumulations shall be removed as soon as practical.
F. Unlawful Deposit Of Snow And/Or Ice: No person shall remove, or cause to be removed, accumulations from private premises and deposit the same or cause the same to be deposited upon any public street, avenue, alley, public square or traveled area within the city.
The City Attorney or their designated representative is authorized to issue a civil citation pursuant to section 364.22(4) of the code of Iowa to anyone violating this subsection indicating said person is in violation of this subsection and is subject to the penalties provided for in section 364.22, the code of Iowa.
G. Alternative Relief: In any proceeding seeking a civil penalty for violations of the provisions of this section the Director of Development Services or their designated representative may seek additional alternative relief appropriate to the condition to be abated, including relief set forth in subsection H of this section.
H. Removal By The City Of West Des Moines: Whenever accumulations have remained on any sidewalk in violation of subsection D of this section and/or whenever unremovable accumulations have formed on any sidewalk in violation of subsection E of this section, and the time for the property owner to take action after service of the notice has expired, the city may cause such accumulations to be removed and/or treatment of unremovable accumulations either by use of city personnel and equipment or by contracting for the work to be undertaken.
I. Right To Assess: When the city removes or causes to be removed accumulations and/or treats accumulations, the city may assess the actual cost plus any administrative costs of removing such accumulations from the abutting property owners' sidewalks and/or treatment of unremovable accumulations, in addition to taking any other action provided for in this section.
J. Assessment Of Costs: The actual cost, including any administrative costs, as determined by the finance director or their designated representative in removing accumulations or treatment of accumulations from sidewalks abutting private property, shall be paid by the owner of the property abutting thereon.
The property owner shall be sent a bill by the finance director for said costs to permit voluntary payment thereof by the property owner. The bill shall be sent within thirty (30) days of the city's action as set forth in subsection H of this section. Failure to pay said bill within thirty (30) days after mailing of bill will cause the action to appear on a schedule of assessments to be forwarded to the city clerk for consideration by the city council.
K. Schedule Of Assessments: Whenever any accumulations have been removed from any sidewalks or treatment of the sidewalks for unremovable accumulations by the city as provided in this section, and the right to assess provided for in subsection I of this section is invoked, the city shall cause to be prepared a schedule giving the name of the owner, so far as known, a description of the property, the date when the work was done, and the amount charged to each lot, and for what work and materials the charge was made. As soon thereafter as practicable the schedule shall be filed with the city clerk for consideration by the city council.
L. Adoption Of Assessment Schedule: The city council shall consider all objections to the schedule of assessments for the removal of accumulations from sidewalks, duly filed, and shall by resolution approve a schedule of assessments.
M. Certification For Collection: Upon adoption and approval by the city council of the schedule of assessments and certification by the city clerk, the city clerk shall file said assessments with the county treasurer for collection in the manner provided by law. (Ord. 1026, 8-31-1992; amd. Ord. 1605, 10-25-2004; Ord. 1878, 8-23-2010, eff. 9-17-2010; Ord. 2614, 6-3-2024)