Snow & Ice Removal

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.