Snow and Ice Removal from Sidewalks
Sec 4-2-7 Snow and Ice Removal.
(a) Owner’s Responsibility. Removal from Sidewalks. The owner, occupant, or person in charge of any parcel or lot which fronts upon or adjoins any sidewalk shall keep said sidewalk clear of all snow and ice. In the event of snow accumulating on said sidewalk due to natural means and/or by any other means said sidewalks shall be cleared of all accumulated snow and/or ice within twenty-four (24) hours from the time the snow ceases to accumulate on said sidewalk. In the event that ice has formed on any sidewalk in such a manner that it cannot be removed, the owner, occupant, or person in charge of the parcel or lot which fronts upon or adjoins said sidewalk shall keep the sidewalk sprinkled with sand and/or salt or other de-icer to permit safe travel by pedestrians.
(b) Notice and removal of snow from sidewalks. If the owner, occupant, or person in charge of any parcel or lot which fronts upon or adjoins any sidewalk shall fail to keep said sidewalk clear of snow and ice as set forth in subsection (a), the City Administrator shall cause the issuance of a written notice to said owner,occupant, or person in charge of the subject parcel or lot directing the responsible person (as defined) to remove said snow and ice no later than 12:00 Noon of the day following the issuance of said notice. The written notice shall be hand delivered when possible or mailed of the last known address of the owner of the subject property as identified on the records in the City Clerk’s office.
(c) Enforcement. The City Administrator, his designee, and all sworn Police Officers are hereby authorized and directed to enforce the provisions of this Section.
(d) Continued Violations. Each twenty-four (24) hours period where a violation occurs shall constitute a separate offense under this section for enforcement purposes. Repeated violations or subsequent additional accumulations of snow and/or ice shall not nullify any pending notice issued under this Section.
(e) Abatement after Notice. Failure of the owner, occupant, or person in charge of any parcel or lot to cause the removal of snow and/or ice within the time established under subsection (b)(1) and (2) after receiving a written notice shall result in the City Administrator causing the removal of said snow and/or ice.
(f) Expense. An account of the expenses incurred by the City to abate the snow and/or ice hazard shall be kept and such expenses shall be charged to and paid by the parcel or lot owner. Notice of the bill for the removal of snow and/or ice shall be mailed to the last known address of the owner of the parcel or lot and shall be payable within ten (10) days from the receipt thereof. Within sixty (60) days after such costs and expenses are incurred and remain unpaid, the City Clerk shall enter those charges onto the tax roll as a special tax as provided by Section 66.615(5), Wisconsin Statutes.
(g) Prohibited Placement. Except as provided herein, no person shall deposit or cause to be deposited any snow or ice taken and removed from his/her premises or elsewhere upon any sidewalk, alley, parkway, public place or street in the City, provided however, that the person, firm, or corporation depositing such snow shall, within one (1) hour thereafter, cause the same to be removed from such street.
(h) Snow and Ice as Nuisance. The deposit of any snow or ice upon any sidewalk, alley or street of the City contrary to the provisions of this Chapter shall be and is declared to be a nuisance, and in addition to the penalty provided for violation of this Section, the City may similarly remove any snow or ice so deposited and cause the cost of said removal to be charged to the owner or occupant of the property from which said snow or ice has been removed.
(i) Penalty. In addition to the provisions set forth in this Section, a person, firm, or corporation which violates the provisions of this Section shall be subject to a penalty as provided in Section 1-1-7 of this Code of Ordinances.
(j) Second and Subsequent Violations. If one notice has been sent as set forth in this subsection between November 15th and April 1st of one winter period, no further notices for additional violations on the same property within that winter period are required. If the snow or ice is not removed within 24 hours from the time the snow ceases to accumulate on the sidewalk, the City may enforce this ordinance without notice. (A “winter period” shall be defined as that period of time running from November 15th to April 1st.) – Published and Updated 4/2/2009
State Law Reference: Sections 66.60(16) and 66.615(3)(f) and (5), Wis. Stats.