(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.
(Ord. 2023-4, passed 6-5-2023)