§ 58-26. Depositing of snow, ice and/or other materials.

(a)

Depositing snow/ice.

(1)

Except as to snow and/or ice removal and stockpiling of snow and/or ice by the city, or its authorized contractors, or by a property owner on a parkway immediately contiguous to the owner's property, it shall be unlawful to deposit by any means snow and/or ice upon any private property or drive approach of another, or on any public street or parkway, public parking lot, sidewalk, curb, gutter or fire hydrant. A parkway across the street from an owner's property shall not be considered to be contiguous for purposes of this section.

(2)

In addition to the penalty provided for violation of this section, the city may summarily remove any snow or ice so deposited and cause the cost of said removal to be charged to the owner of the property from which said snow or ice had been removed.

(b)

Depositing other material. It shall be unlawful for any person to sweep, throw, place, deposit or cause to be swept thrown, placed, or deposited any material on any public street, sidewalk or alley which may be harmful to or obstruct the pavement, curbing or sidewalk thereof or which may do injury to any person or property. Materials shall include, but are not limited to, any waste material, petroleum products, chemicals, glass, other particles, landscaping materials such as stone or mulch, pallets, piping, plantings or landscape waste such as grass clippings and leaves. The prohibition regarding stone and like materials shall not apply to permitted road or right-of-way work where material is being incorporated into the public work.

(c)

Enforcement. The director of public works and/or his designees are hereby authorized and directed to enforce the provisions of this section.

(d)

Continued violations. Each 24-hour period where a violation occurs shall constitute a separate offense under this section for enforcement purposes. Repeated violations shall not nullify any pending notice issued under this section.

(e)

Notice to remove snow, ice or other material. If the owner of any parcel or lot deposits snow/ice or other material in violation of this section, the director of public works shall cause the issuance of a written notice to the owner requiring the snow, ice or material be removed immediately after the delivery of the notice.

(f)

Filing of notice of lien. Upon the city's removal of deposited snow, ice or material after failure of the owner to do so, the cost of such removal shall be paid to the city by the property owner within ten days after mailing of a statement of such costs to the owner. Within 60 days after such cost and expense is incurred and upon failure of the owner to reimburse the city for expenses in removal, the city clerk shall file a notice of lien in the office of the recorder of deeds of the county, which shall be a lien against the real estate superior to all other liens and encumbrances except tax liens. However, such lien shall not be valid as to any mortgagee, judgment creditor or other lien or whose rights in and to such real estate arise prior to the filing of such notice. The notice shall consist of a sworn statement setting out a description of the real estate sufficient for identification thereof, the amount of money representing the cost and expense incurred or payable for the service, and the date or dates when such cost and expense was incurred.

(g)

Penalty. In addition to the provisions set forth in this section, any person, firm or corporation who or which violates the provisions of this section shall be subject to section 1-8.

(Code 1968, § 20-33; Code 1996, § 58-26; Ord. No. F-0313, § 1, 2-1-1999; Ord. No. F-1808, § 2, 8-18-2014)