ORDINANCE NO. 2023-4
AN ORDINANCE AMENDING TITLE 7, CHAPTER 1 AND CHAPTER 2 AS TO SIDEWALKS AND SNOW AND ICE REMOVAL, ESTABLISHING REQUIREMENTS FOR SNOW AND ICE REMOVAL, LOCATION FOR SNOW AND ICE DEPOSITS, PENALTY FOR VIOLATION, AND MAKING AMENDMENTS AS TO STYLE AND FORM FOR PURPOSES OF REFERENCE AND CODIFICATION.
WHEREAS, the City of White Sulphur Springs Code of Ordinances addresses various basic obligations and responsibilities for maintenance of sidewalks and snow and ice accumulation upon those sidewalks; and
WHEREAS, the City of White Sulphur Springs and the State of Montana have experienced a significant snow season resulting in the need to assess and reassess where and how such snow accumulations will be handled by residents to access the sidewalks and roadways of our community; and
WHEREAS, the City Council has heard testimony concerning issues related to the impact of significant deposits of snow on properties within the community and the adverse impacts of melting snow from neighboring properties; and
WHEREAS, the City Council has determined that adjustments to the Code of Ordinances are necessary to provide guidance for property owners and/or tenants as to where responsibility for a sidewalk begins and ends, for the safe removal of snow, the safe storage of snow, and a mechanism of assessment and penalties for violations of the ordinance;
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of White Sulphur Springs Montana, that Title 7, Chapter 1 and Chapter 2 of the Code of Ordinance, be amended as follows:
Section 1
That the Code of Ordinance Title 4, Chapter 1, shall be amended as follows:
§ 7.1.9 PROPERTY OWNER TO MAINTAIN.
All sidewalks and curb stones shall be maintained in good condition at the expense of the property owner adjoining the section of sidewalk or curb at issue, and when in the opinion of the Council the best interest of all concerned would be improved, it may order the removal of any old work and reconstruction with new as hereinbefore provided, and designating in said order the kind or kinds of material to be used.
Section 2
That the Code of Ordinance, Title 7, Chapter 2, be amended as follows:
(A.) It shall be the duty of the owner or tenant of any premises abutting or adjoining any public sidewalk to remove all snow and/or ice from such sidewalk. Thus, public sidewalks shall be cleared within 24 hours of any snowfall with accumulation of one-half inch or greater. Snow removal shall be limited to areas on the individual’s property and not into the City right-of-way, the street, against the neighboring property, or blocking any drain or drainage area. Arrangements for the removal of accumulated snow so as to reduce icy areas and ensure proper drainage flow to and into a drain or drainage area shall be made for properties without any yard or storage area for snow.
(B.) Removal of snow refers to shoveling, snow blowing, plowing, or otherwise displacing snow, ice or slush from private drives or public sidewalks by the owner or tenant, or any agent hired by the owner or tenant.
(C.) No person shall deposit or cause to be deposited any accumulation of snow or ice on or against a fire hydrant or on any sidewalk, roadway, curb or gutter, any marked loading or unloading zone, or any property of the City which is used for the storing of snow off-street, or any area designated for use by emergency vehicles, such as fire lanes.
(1.) A single-use exception may be granted for depositing snow on City property used for storing snow off-street upon making application to the Mayor and receiving written permission.
(D.) No person shall obstruct the vision of motorists on the roadway or those entering the roadway by the removal of snow, ice or slush from a sidewalk or driveway, and the deposit of such snow, ice or slush at the end of a driveway, on the roadway, or along a curb creating a blockage of a drain or drainage area or impairing travel on the roadway or creating a hazard to the plow equipment.
(E.) Owners or tenants of any premises who cannot make satisfactory arrangements to remove snow in compliance with this ordinance may contact the City to arrange for snow removal, which shall be at the owner’s or tenant’s expense, subject to their ability to pay.
(F.) No person shall deposit snow in a location which may, as the result of melting, create a hazard to properties neighboring and/or abutting the deposit location without the consent of the property owner to be affected.
§ 7.2.3 REMOVAL BY CITY.
Upon failure of an owner or tenant to comply with the provisions of this chapter, the City shall have the right to remove such snow and/or ice and assess the cost thereof against the premises abutting the sidewalk.
Section 3
That the Code of Ordinance, Title 7, Chapter 2, be amended by adding the following section:
7.2.4 VIOLATIONS; PENALTY ASSESSMENT; COLLECTION; APPEAL
(A.) Violations:
(1.) The Public Works Division shall, in the course of their duties, record the street address of the property, the name of the owner, if known, the nature of the deposit, the dates and costs of snow removal occasioned by the depositing of snow or ice in violation of this provision, when observed by a member of staff, including the costs of any private contractors hired for snow removal and any administrative costs, and shall turn such information over to the Mayor and the City Clerk.
(2.) Individuals or companies identified as depositing snow in violation of this provision, either by City staff or upon report by a citizen and verification by City staff, shall have their name, the date or dates of any activity in violation of this provision turned over to the City Clerk for assessment.
(3.) Individuals or companies identified as depositing snow which creates a hazard to a neighboring property due to obstruction of sight or melting hazards shall have their name, the date or dates of activities constituting a violation of this provision turned over to the City Clerk for assessment.
(4.) Notice of violation shall be mailed in the same manner as provided in 7.2.2 of this provision.
(B.) Penalty Assessment
(1) Any person, property owner, or company determined to be in violation of this provision after notice as provided in 7.2.2 shall be subject to a civil penalty of not less than $100 or more than $300, plus assessment of any costs associated with the removal of the snow or ice deposit, or repair of a neighboring property.
(2.) Assessment of the civil penalty shall be mailed by the City Clerk based on information provided by the Public Works Division. The penalty shall be due and payable within 30 days of the date of the notice. The payment of such amount may be enforced through suit for collection or by levying an assessment on the premises or both.
(C.) Collection
(1.) All assessments levied shall be charged simple interest at the rate of ten percent per year from the date the work and violation occurred until the assessment is fully paid and satisfied.
(2.) The City Clerk shall, each year, prepare and present to the Council, on or before the second regular meeting in July, or as required by the County or state law, a resolution containing a list of all lots and parcels of land in the City wherein the adjacent and/or fronting sidewalks have had snow and ice removed by or at the direction of the City, or other remedial measures have been taken, together with the names of the owners thereof, and the cost of removal of such snow and ice or other remediation or penalty has been assessed. When such resolution is passed by the Council and approved by the Mayor the assessments therein provided for shall constitute a lien upon and against such lots and parcels of land. A copy of such resolution shall be certified by the City Clerk to the County Treasurer for collection in the same manner as other taxes.
(D.) Appeals
The Mayor shall entertain any appeal of a notice of violation or assessment under this provision. Any property owner or individual wishing to appeal the notice of violation or assessment will submit their appeal, in writing, within 30 days of the date of the first notice or within five working days prior to the City Council meeting at which the assessment is being considered, whichever is sooner. The decision of the Mayor as to the appeal is final.
Section 4
Repealer. All resolutions, ordinances, and sections of the White Sulphur Springs Municipal Code and parts thereof in conflict herewith are hereby repealed.
Section 5
Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred, or proceedings that were begun before the effective date of this ordinance. All other provisions of the White Sulphur Springs Code of Ordinance not amended by this Ordinance shall remain in full force an effect.
Section 6
Severability. If any provisions of this ordinance, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are declared to be severable.
Section 7
EFFECTIVE DATE. This ordinance shall be effective thirty (30) days after second reading and final adoption as provided by law.
Section 8
CODIFICATION. Upon Final Passage and Adoption, the City Clerk is authorized to publish the foregoing ordinance, making amendments as to referenced code sections, notations, and grammar as well as style to be consistent with the ordinance as passed. All references within the White Sulphur Springs Code of Ordinance shall be revised as necessary to be consistent with and reflect the changes in this ordinance. The Clerk, and through the Clerk the entity maintaining the Code of Ordinance, shall insert this ordinance and shall remove the prior provisions inconsistent with the current ordinance, as passed and adopted, in any official publication or on-line version of the White Sulphur Springs Municipal Code.
PASSED by the City Council and the City of White Sulphur Springs, Montana, on first reading at a regular session thereof held on the ______day of ___________, 2023.
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Rick Nelson, Mayor
ATTEST:
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Michelle Stidham, City Clerk
PASSED, ADOPTED, AND APPROVED by the City Council and the City of White Sulphur Springs, Montana, on second reading at a regular session thereof held on the ______day of ___________, 2023.
__________________________________
Rick Nelson, Mayor
ATTEST:
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Michelle Stidham, City Clerk
APPROVED AS TO FORM:
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City Attorney