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HomeMy WebLinkAbout09-14JANUARY 13, 2009 09 -14 ORDINANCE FIRST READING (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND ORDINANCE RELATED TO SNOW AND ICE REMOVAL INITIATED BY: DEPARTMENT OF PUBLIC WORKS A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING ARTICLE VIII OF CHAPTER 25 OF THE CITY OF OSHKOSH MUNUCIPAL CODE PERTAINING TO SNOW AND ICE REMOVAL The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Article VIII of the Oshkosh Municipal Code pertaining to Snow and Ice Removal is hereby repealed and recreated to read as follows: ARTICLE VIII. SNOW AND ICE REMOVAL SECTION 25 -68 (1) Sidewalks SNOW REMOVAL Every owner of real property within the City shall, by noon of the day following cessation of a snowfall or other precipitation, remove all snow and ice from the sidewalk located adjacent to the premises; provided that, when ice is so formed on any sidewalk so that it cannot be removed, the person owning such premises shall keep the sidewalk sprinkled with a material to accelerate melting or prevent slipping. Every person who owns property abutting sidewalks on two intersecting streets shall remove all snow and ice from the sidewalks bordering the crosswalk, including the curb ramp. Additional snow events will not extend the snow removal deadline. Prior snowfalls are required to be removed by the original deadline. (2) Deposit On Streets and Near Fire Hydrants Prohibited (A) No person shall throw, or put, or cause to be thrown or put, any snow or ice onto any fire hydrant, or cause to be blocked or covered or interfere with the use of fire hydrants. (B) No owner of real property within the City shall remove or cause or allow to be removed any snow or ice from private property including but not limited to driveway, parking lot, parking area, business property, or other area onto any public right -of -way or public property. No owner of real property within the City shall remove or cause or allow to be removed any snow or ice from a sidewalk or driveway apron onto any alley or street. (C) Snow removed from public sidewalks shall not be stored in any manner which will unreasonably obstruct or limit vehicular or pedestrian vision, movement, or access. (D) If the owner of such premises shall fail to remove such snow and ice or to sprinkle a sidewalk as required, or if the owner deposits or causes to be deposited or allows snow or ice to be deposited upon any public right -of- way or public property contrary to these provisions, such actions shall be considered a nuisance. Any person violating any of the provisions of this section shall be subject to a forfeiture of not less than twenty dollars ($20) nor more than fifty dollars ($50) for a first offense and not less than thirty dollars ($30) nor more than one hundred dollars ($100) for any subsequent offense. Each day any violation of this ordinance continues shall constitute a separate offense. SECTION 25 -69 WHEN CITY HAS TO DO WORK (1) Residential Districts Whenever any owner of any parcel of real estate in a residential district fails or neglects to remove snow and ice from any such sidewalk as provided in Section 25 -68 of the Oshkosh Municipal Code, the Director of Public Works shall, without notice, have the ice and snow removed there from. He shall keep an accurate account of the expenses, including any administrative costs, of keeping the sidewalks clear of snow and ice in all cases where owners of abutting lots fail to do so, shall invoice the property owner for such expenses and report the same to the Comptroller, who shall annually prepare a statement of the expenses so incurred and remaining unpaid in front of each lot or parcel of land and report the same to the City Clerk. The amount charged to each lot or parcel of land which remains unpaid shall be entered by the City Clerk in the tax roll as a special charge as provided in §66.0627 of the Wisconsin Statutes against such lot or parcel of land, and the same shall be collected in all respects like other taxes upon real estate. The imposition and collection of any forfeiture shall not bar the right of the City to collect the cost of the removal of snow and ice from the sidewalks as herein provided. (2) Commercial or Industrial Districts Whenever any owner of any parcel of real estate in a commercial or industrial district fails or neglects to remove snow and ice from any such sidewalk as provided in Section 25 -68 of the Oshkosh Municipal Code, the Director of Public Works shall, without notice, have the ice and snow removed there from. He shall keep an accurate account of the expenses, including any administrative costs, of keeping the sidewalks clear of snow and ice in all cases where owners of abutting lots fail to do so, shall invoice the property owner for such expenses and report the same to the Comptroller, who shall annually prepare a statement of the expenses so incurred and remaining unpaid in front of each lot or parcel of land and report the same to the City Clerk. The amount charged to each lot or parcel of land which remains unpaid shall be entered by the City Clerk in the tax roll as a special charge as provided in §66.0627 of the Wisconsin Statutes against such lot or parcel of land, and the same shall be collected in all respects like other taxes upon real estate. The imposition and collection of any forfeiture shall not bar the right of the City to collect the cost of the removal of snow and ice from the sidewalks as herein provided. SECTION 2. This ordinance shall be in full force and effect from and after its passage and publication. SECTION 3. Publication Notice. Please take notice that the City of Oshkosh enacted ordinance #09 -XXX AMEND ORDINANCE RELATED TO SNOW AND ICE REMOVAL, on January 27, 2009. The ordinance repeals and recreates Article VIII of Chapter 25 of the Municipal Code clarifying property owners responsibilities related to snow and ice removal from sidewalks and private property within the City of Oshkosh. The full text of the ordinance may be obtained at the Office of the City Clerk, 215 Church Avenue and through the City's website at www.ci.oshkosh.wi.us Clerk's phone 920/236-5011. CITY HALL 215 Church Avenue P.O. Box 1130 Oshkosh, Wisconsin 549903 -13 -1130 City of Oshkosh 130 — OlHKO1H TO: Honorable Mayor and Members of the Common Council FROM: David C. Patek, Director of Public Works DATE: January 7, 2009 RE: Ordinance No. 09 -14 Amend Ordinance Related to Snow and Ice Removal BACKGROUND The City of Oshkosh has experienced a significant increase in snowfall, and a decrease in temperatures, over the course of the past two winter seasons. As a result of these two weather related situations, the Department of Public Works has received an increasing number of complaints related to snow and ice removal issues. The majority of complaints relate either to residents failing to clear their sidewalks of snow and ice in a timely manner, or at all, to residents removing snow from their private property and placing it on the street, alley, right of way, or other public property that may be convenient for them. As a result of these actions by certain residents, City staff has spent a large amount of time addressing these problems either by contacting residents and reminding them of their obligations pursuant to the code, or by actually removing the snow and ice from sidewalks and City property. Chapter 25 of the Municipal Code currently requires the removal of snow and ice from sidewalks within 24 hours after the snow falls. However, staff believes that the proposed amendments will clarify the person responsible for removal, the time for removal, and where snow and ice may be placed after its removal. ANALYSIS The proposed changes to this ordinance will not result in any substantive changes in that the City will still require that snow and ice be promptly removed from sidewalks after the snowfall has ended. 0 The significant clarifications to the ordinance are as follows: a) The current Ordinance addresses the person responsible for snow and ice removal as the lessee, occupant, person "in charge," or property owner. Listing multiple parties as responsible has had the unfortunate consequence of making it difficult to determine who is in control of private property and to properly enforce the ordinance. The proposed amendments clarify this issue by making the property owner ultimately responsible for removal of snow and ice. The property owner may by contract require others be responsible, but it will always be the property owner who will be subject to the requirements of the ordinance. b) The current ordinance requires that snow be removed within 24 hours after it falls. The amended ordinance simply states that snow and ice must be removed by noon on the day following the cessation of the snowfall. c) References to the potential issue of snow falling from roofs onto a sidewalk or street have been removed. The amended ordinance simply prohibits any snow originating on private property from being placed on sidewalks, streets, alleys, or other public property. d) Guidance is provided both for staff in addressing and resolving snow and ice removal problems, as well as for citizens in understanding their responsibilities as well as the implications of their failure to comply with the ordinance. The current ordinance and Wisconsin Statutes allow the City to remove snow and ice and bill the property owner for the costs incurred. The amended ordinance simply makes clear that no particular notice to the property owner is required before the City undertakes the removal of snow or ice and sends the bill to the property owner. Additionally, the amended ordinance makes it clear that unpaid snow removal charges will be considered a special charge which will be placed on the tax rolls. FISCAL IMPACT No anticipated direct fiscal impact. RECOMMENDATION Staff recommends approval of the amendments to the Municipal Code pertaining to snow and ice removal. c., f-�t� Respectfully Submitted, Approved: David C. Patek Director of Public Works Mark A. Rohloff City Manager