Sec. 126-313. Time for removal; penalty.
(a) Failure to remove snow. Failure to remove any accumulation of snow and ice from sidewalks under section 126-312 within 24 hours after every snowfall is hereby declared unlawful and constitutes a nuisance as a snow obstruction and a hazard to the public health and safety. When a snow emergency is declared, however, snow and ice shall be removed within 48 hours after announcement of the termination of the snow emergency, as provided in section 134-86 of this Code or is hereby declared unlawful and constitutes a nuisance as a snow obstruction and a hazard to the public health and safety.
(b) Administrative charge. When the city has probable cause to believe a property is in violation of this article the city may issue an administrative charge, pursuant to section 126-315, payable within 30 days, by the property owner or his/her agent or the occupant (owner/agent/occupant). city council shall set the amount of the administrative charge.
The notice of violation will state the property owner/agent/occupant shall abate the violation before the date and time specified on the notice of violation, which shall be no more than 24 hours, or the city will abate the violation, assess the costs for that abatement, and assess a second administrative charge upon the property owner/agent/occupant.
(c) Abatement by city. After the expiration of the time allotted to the property owner/agent/occupant to abate the violation the city manager or designee is furthermore authorized, at his/her discretion, to employ private individuals (abatement contractors), to carry out the task of snow and ice removal. If it is necessary to remove obstructions in order to effectuate the snow and ice removal the abatement contractors shall be empowered to take reasonable steps to remove such obstruction so as to permit the snow and ice removal. The city shall forthwith compensate such abatement contractors for their services. The cost of snow, ice and obstruction removal by the abatement contractors shall be recovered from the property owner/agent/occupant in accordance with subsection (f) and (g).
(d) Show up fee. When the city contracts with private individuals to abate a violation of this article (abatement contractors) and the property owner/agent/occupant abates the violation before the abatement contractors arrive at the property, the property owner/agent/occupant will be assessed a "show up" fee for the appearance of the abatement contractor at the property. The amount of the show up fee and administrative charge will be set by city council and shall be recovered from the property owner/agent/occupant in accordance with subsection (f) and (g).
(e) Multiple violations per season. If a property owner/agent/occupant has received three notices of violations in one season the city may, on subsequent violations of this article in one season, proceed immediately to abating the violation of this article without the need of issuing any further notice of violations.
(f) Recovery of costs and creation of lien.
(1) Notification of costs; failure to pay. The director of neighborhood services, using the appropriate billing forms, shall notify the property owner/agent/occupant, in writing, of all the costs for the snow, ice and obstruction removal done by abatement contractors or the abatement contractor's show up fee. If the assessed administrative charges have not been paid when the director of neighborhood services prepares the aforementioned notification such administrative charges will also be included in the notification to pay. If the property owner/agent/occupant shall fail within 30 days after the date of transmission of any notification to pay the costs and expenses to the director of finance or designee, the costs and expenses shall become a lien against the property and the director of finance shall certify the costs and expenses to the treasurer of the appropriate county for collection in the same manner as general property taxes are collected.
(2) Amount. The amount certified by the director of finance to the county treasurer for the collection shall include the actual cost of the removal of snow, ice, and obstructions, or the show up fee, plus unpaid administrative charges, plus 15 percent for administrative expenses.
(3) Superiority of lien. The liens created by this subsection shall be superior to all prior liens, regardless of date, except liens for general property taxes and special improvement district taxes.
(g) County treasurer to collect. Upon receipt of the assessment roll for the abatement costs and expenses the county treasurer of the proper county shall proceed to collect the amounts so assessed and certified against the property affected thereby in the same manner as the collection of general property taxes and the redemption thereof.
(h) Summons and complaint.
If a property owner/agent/occupant fails to abate a violation of this article within the time allotted for removal stated in subsection (b) the city may also issue a criminal summons and complaint for the violation in addition to requiring the payment of abatement costs, payment of administrative charges, and payment of administrative expenses.
If a property owner/agent/occupant has received three notices of violations in one season the city may proceed immediately to issuing a summons and complaint for subsequent violations of this article without the need of issuing any further notice of violations.
(i) Notwithstanding the provisions in section 1-13, and for the purposes of this article only, any owner, owner's agent or occupant of single-family residentially zoned property who violates any provision of this section or of section 126-312, upon their first conviction of the season, shall be fined up to an amount of $100.00 plus court costs; a second conviction in one season, the defendant shall be fined an amount up to $200.00 plus court costs. A conviction of three or more violations of this article in one season subjects the defendant to the full penalties available in section 1-13. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.
(j) Notwithstanding the provisions of section 1-13 and for the purposes of this article only, any owner, owner's agent or occupant of multiple-family residentially zoned or nonresidentially zoned property who violates any provision of this section or of section 126-312, upon their first conviction of the season, shall be fined up to $200.00, plus court costs; a second conviction in one season, the defendant shall be fined up to $400.00 plus court costs. A conviction of three or more violations of this article in one season subjects the defendant to the full penalties available in section 1-13. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. (Code 1979, § 34-145; Ord. No. 2011-24, §§ 1—4, 8-22-2011)