City code Chapter 167 (Streets and Sidewalks) Articles 1 and 2 explains the “duty to remove” and “Failure to remove; enforcement” of Snow, Ice and Obstructions.
§167-1. Duty to Remove.
A. The owners of lands abutting or bordering upon any of the public areas or highways of the city, including roads maintained by the City, County or State shall remove or cause to be removed from all sidewalk areas in front of or bordering on their land all snow and ice within 10 hours of daylight after the same shall be formed or shall have fallen thereon and a City, County or State snow plow has made at least one pass over the bordering road. Owners of corner properties shall also ensure that a path suitable for pedestrian traffic exists from the sidewalk to the curb to each street of the corner. If an area of the street beyond the curb is not passable to pedestrian traffic due to snow and/or ice placed there by previous Municipal/County/State snow plowing, it shall be the City’s responsibility to clear that area of the street so that pedestrians may proceed across the street at the corner.
B. The fact that snow plowing of streets has placed additional snow upon a sidewalk does not excuse any property owner from the responsibility of clearing snow and ice from the sidewalk.
C. It shall be the duty of any person owning or operating an apartment house or building or of any duly constituted agent therefor to remove or cause to be removed from all parking areas designed to serve such apartment house or building or a tenant or tenants therein, and from the roadways leading to and servicing the same, all snow and ice within 10 hours of daylight after the same shall have formed or fallen thereon.
D. It shall also be unlawful for the owners, tenants, occupants or agents of lands abutting or bordering upon any of the public avenues or highways of the city to permit any sand, dirt or other material or a collection of material to form an obstruction or constitute an impediment or hazard thereon for a period of more than 10 hours after the same shall have formed or been created thereon.
§167-2. Failure to remove; enforcement
A. The City shall advertise for, accept bids and effect a contract with a responsible contractor with suitable equipment and experience to remove snow, ice, sand, dirt or material when the owners of any land abutting or bordering upon any public street or highway in the city shall neglect or refuse to remove snow, ice, sand, dirt or material forming an obstruction or constituting an impediment within 10 hours daylight as provided in § 167-1. In the case of snow removal from sidewalks the contract shall specify a sliding rate based on depth of snow and the length of the sidewalk. The contract shall allow for the movement of the snow from the sidewalk to the adjoining property. For sand, dirt or other material the contract shall specify a rate per cubic yard of material removed and shall specify that the material is to be moved to a suitable location for disposal of such material. This contract shall have a 3 year term at the end of which term it shall be rebid.
B. When the owners of any land abutting or bordering upon any public street or highway in the city shall neglect or refuse to remove snow, ice, sand, dirt or material forming an obstruction or constituting an impediment within 10 hours daylight as provided in § 167-1, the Mayor shall invoke the contract specified in § 167-2.A in order to remove the obstructions.
C. In all cases where any snow, ice, sand, dirt or other materials or collection of materials are removed from any land, sidewalk or gutter under the provisions of this article by or under the direction of the Mayor, such officer shall certify the costs thereof to the Council, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against the lands upon which such condition shall have existed and shall have been repaired, and the amount so charged shall become a lien upon such lands and shall be added to and form a part of the taxes to be assessed and levied upon such land and shall bear interest at the same rate as all other taxes and shall be collected and enforced by the same officers and in the same manner as other taxes. In cases where the property is owned by a public entity or a non-profit organization, the City shall present a bill for the cost of the removal to the entity owning the property.
D. When the owners of any land abutting or bordering upon any public street or highway in the city shall neglect or refuse to remove snow, ice, sand, dirt or material forming an obstruction or constituting an impediment within 10 hours daylight as provided in § 167-1, such neglect or refusal is hereby declared to be unlawful, and any person who shall violate any of the provisions of this article shall, upon conviction of such violation, be subject to one or more of the following: a fine not less than $50.00 or more than $200.00; imprisonment for a term not exceeding 90 days; or a period of community service not exceeding 90 days, in the discretion of the Municipal Judge before whom conviction shall be had. The Municipal Judge may dismiss the violation or waive penalties in cases where the owner was unable for reasons beyond the owner’s control to comply with the provisions of this article. However, the Municipal Judge may not waive the cost of removal when it has been assessed to the property owner under the provisions of §167-2.C.
THE FOREGOING Ordinance #1953-03 was introduced by the City of Woodbury, City Council at its regular meeting held on March 27, 2003 and adoption at the final reading and public hearing held on April 10, 2003.