§ 38-110. Removal of snow, ice, filth, obstructions, encroachments, encumbrances or other nuisances from sidewalks.

(a)

It shall be the duty of every owner, agent or occupant of any lot or parcel of ground situated within the village to keep and maintain in good condition, all existing sidewalks and driveway aprons along all public streets and avenues in front of or adjacent thereto.

(b)

It shall be the duty of every owner, agent or occupant of any lot or parcel of ground adjacent to or abutting any sidewalk to keep the sidewalk free from snow, ice, filth and all obstructions, encroachments, encumbrances or other nuisances. Snow, ice, filth and all obstructions, encroachments, encumbrances or other nuisances shall be removed from the public sidewalks adjoining the property within 24 hours of the accumulation or placement of snow, ice, filth and all obstructions, encroachments, encumbrances or other nuisances on the sidewalks.

(1)

Owners, agents and occupants of any lot or parcel of land, or individuals hired by them, are prohibited from shoveling, pushing or blowing snow from sidewalks and/or driveways into a public street. The snow may be placed in the public median (between sidewalk and street) in a manner which does not block a sidewalk, obstruct vision or create a hazard for vehicles.

(2)

Owners, agents and occupants, or individuals hired by them, of any lot or parcel of land zoned office, business or industrial, and any lot or parcel of land zoned multiple dwelling which has on-site parking lots, parking areas, drive-thru or service areas, etc., are prohibited from placing snow from these areas into or on a public street right-of-way, except in the area bounded by Newberry Street on the north, Washington Street on the south, Rawles Street on the west, and Bailey Street on the east.

(3)

Any person determined to be in violation of this section shall be given notice of the violation and ordered to abate the violation, as follows:

a.

Service of notice and order. The notice and order may be served by any one of the following means:

1.

In writing, by first-class mail, addressed to the owner of the property at the last known address as shown by village tax records. The notice and order shall at the same time also be mailed to the occupants of the property, if different than the owner. If the notice and order are served by mail, they shall be deemed received by the addressee two mail-delivery days after deposit in the United States mail;

2.

In writing, posted at the property. The notice and order shall be deemed to have been served to the owner and/or occupant, as applicable, at the time the notice and order is posted at the property; or

3.

By providing the notice and order orally, either in person or by telephone. The oral notice and order shall be deemed to have served to the owner and/or occupant, as applicable, at the time the oral notice and order are given. A written confirmation of the oral notice and order shall be mailed by the village to the person served within five days of the oral notice and order, provided that the failure to do so shall not affect the person's obligation to comply with the oral notice and order and shall not constitute a defense to a violation of this section.

b.

Contents of notice and order. To the extent known by the village, and as applicable under the circumstances, a notice and order under this section shall include:

1.

The date and time the notice was served;

2.

The name and address of the person (or persons) responsible for the violation;

3.

A description of the nature and location of the violation and the provisions of this section violated;

4.

The minimum corrective actions required to abate the violation;

5.

An order to abate the violation by the time specified in the order (which shall be 48 hours from the time notice and order are deemed to have been received as provided by this section);

6.

The applicable fines or other consequences for failure to abate the violation by time specified in the notice and order; and

7.

A statement indicating that if the violation is not abated as ordered, then the village may unilaterally act to abate the violation; that the costs to the village of any action by the village to abate the violation, plus an administrative fee and any applicable fines, shall be a personal debt of the person to the village, which may be assessed by the village as a lien against the property until paid; and that the refusal to allow the village to abate an uncorrected violation shall constitute a separate and additional violation of this section.

c.

Abatement required. Any person served with a notice and order as provided by this section shall abate the violation as specified by the order.

(4)

Noncompliance with order; abatement by village.

a.

Abatement by village. If a person served with a notice and order fails or refuses to abate the violation as required by the order under this section within 48 hours of being notified of the violation, the village or its authorized representatives may enter the property and take any reasonable actions necessary to remove the snow, ice, filth and all obstructions, encroachments, encumbrances, or other nuisances from the sidewalks and abate the violation.

b.

Costs of abatement; delinquent payments; lien. The costs, including an administrative fee of $50.00, as incurred by the village in abating the violation shall be immediately due and payable to the village by the owner of the property where the violation occurred. The village shall notify the property owner that the costs are due and owing by certified mail (return receipt requested), addressed to the property owner's last known address as shown by village tax records. If the costs are not paid in full within 30 days of mailing the notification, they shall be delinquent. The amount of the costs, plus any administrative fee, shall be certified by the treasurer for inclusion upon the next village tax roll. The amount included in the village tax roll shall be a lien against the property that may be enforced and discharged by the village in the same manner as a tax lien. The costs of abatement, if any, recovered by the village shall be in addition to any civil fines, damages, expenses or costs payable to the village as a result of a violation.

c.

Abatement by village not defense to violation. The abatement by the village of a violation of this section, and subsequent recovery of abatement costs incurred by the village, shall not be a defense to any action by the village against any person for the violation, including, without limitations, any action by the village to collect civil fines, damages, expenses or costs as authorized by law.

1.

Municipal civil infraction. A person who violates any provision of this section, including, without limitation, the failure or refusal to abate a violation following service of a notice and order, is responsible for a municipal civil infraction, subject to payment of a civil fine of not less than $50.00 or more than $500.00, plus costs and other sanctions, for each infraction. Each day on which a violation of any provision of this section occurs shall constitute a separate violation and subject the violator to the payment of the civil fine as provided herein for each day that a violation occurs. The [police department/zoning enforcement officer/building official] is hereby designated as the authorized village official to issue municipal civil infraction citations directing alleged violators to appear in court for violations under this section, as provided in the Code of Ordinances of the Village of Romeo.

2.

Nuisance, per se; injunctive relief. A violation of this section is deemed to be a nuisance, per se. In addition to any other remedy available at law, the village may bring an action for an injunction or other process against a person, to restrain, prevent or abate any violation of this section.

(c)

No parking of vehicles to obstruct use of sidewalk. No vehicles shall be parked on any premises or property within the village such that any part of the vehicle blocks or obstructs the free and safe use of the sidewalk abutting the premises or property by a pedestrian. No vehicle shall be parked in the public right-of-way between the sidewalk and the street or curb.

(Ord. No. 505, §§ 1, 2, 12-15-2008)

Editor's note

At the direction of the village, Ord. No. 505, §§ 1 and 2, adopted Dec. 15, 2008, repealed the former §§ 38-110 and 38-111 in their entirety and enacted a new § 38-110 as set out herein. The former §§ 38-110 and 38-111 pertained to similar subject matter and derived from Code 1993, §§ 30.011 and 30.012, respectively.