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Home My WebLink About09-35JANUARY 13, 2009 JANUARY 27, 2009 09 -14 09 -35 ORDINANCE FIRST READING SECOND READING (CARRIED PURPOSE 6 -1 LOST AS AMENDED INITIATED BY LAID OVER WITHDRAWN ) AMEND ORDINANCE RELATED TO SNOW AND ICE REMOVAL DEPARTMENT OF PUBLIC WORKS A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING ARTICLE VIII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 That Article VIII of the Oshkosh Municipal Code pertaining to Snow and Ice Removal is hereby repealed and recreated to read as follows: ARTICLE VIII.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 neon of the day within 24 hours 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 -35 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. * *Bold & Italics indicates Amendment CITY HALL 215 Church Avenue P.O. Box 1130 /� Oshkosh, 54903-1130 City o f Oshkosh - QIHK(J1H TO: Honorable Mayor and Members of the Common Council FROM: David C. Patek, Director of Public Works DATE: January 23, 2009 RE: Amendment to Snow & Ice Removal Ordinance BACKGROUND At the January 13, 2009 Common Council meeting an ordinance related to Snow & Ice Removal from private properties was introduced on first reading. One portion of the proposed ordinance required that property owners within the City remove any ice or snow from public sidewalks adjacent to their properties by noon of the day following a precipitation event. The current ordinance provides responsible parties 24 hours from the end of the precipitation event to remove snow and ice from sidewalks. ANALYSIS Citizens have raised a number of concerns with regard to the provision in the proposed ordinance requiring removal of snow or ice by noon of the day following a precipitation event, primarily with regard to precipitation events that end late in the evening or near midnight. The noon deadline was intended to give a clear, specific and certain deadline for snow and ice removal that property owners would apply to every precipitation event. However, some citizens raised concerns regarding potential difficulty complying with this noon deadline for persons working shifts, businesses with multiple snow removal contracts within the city, and other particular circumstances. Based upon these comments, we have reviewed the proposal and would support an amendment to return to the current 24 -hour deadline for removal, provided that other revisions to the proposed ordinance remain intact. If the Council wishes to amend the proposed ordinance to allow property owners 24 hours from the end of a precipitation event to remove snow or ice from the 0 1 public sidewalks adjacent to their properties, the following amendment may be offered: "I move to amend the ordinance to change the requirement that snow and ice be removed from the sidewalk located adjacent to premises by noon of the day following the cessation of snowfall or other precipitation in section 25 -68(1) to require that snow and ice be removed from the sidewalk located adjacent to premises within 24 hours following the cessation of snowfall or other precipitation." FISCAL IMPACT There is no anticipated fiscal impact from the proposed ordinance or amendment. RECOMMENDATION Staff recommends that the amendment as set forth above be adopted and that the proposed ordinance as amended be approved. Respectfully Submitted, cc1C. Q David C. Patek Director of Public Works Approved: ---- �W- 41, Mark A. Rohloff City Manager