[Vision2020] Snow Grouch

[Tom Hansen]

The problem is, Bev and Kit, that our city council (with a few exceptions 
during the Ament/Pall years) rarely (if at all, ever) enforced the city 
code.

Perhaps, to recognize and pay tribute to the citizen with the longest 
local roots, we should ask them, "When was the last time the Moscow City 
Code was actually (and actively) enforced?"  Carl?  You there?

Copied and pasted below is Chapter 9 (Removal of Snow and Ice) of Title 5 
(Public Ways and Property) of the Moscow City Code.

This is also available (in PDF format) at:

http://www.tomandrodna.com/Code/Title5_Chap9_Removal_of_Snow_and_Ice.pdf

------------------------------------

Chapter 9
REMOVAL OF SNOW AND ICE

Sec. 9-1: Definitions
Sec. 9-2: Public Nuisance
Sec. 9-3: Owner to Remove
Sec. 9-4: Notice
Sec. 9-5: City May Abate
Sec. 9-6: Public Offense

Sec. 9-1. Definitions.

A. Owner. Owner of record as determined from the records of the Latah 
County Assessor's office or such other records or information as the City 
may determine reasonable.

B. Sidewalk. Any concrete, asphaltic paving or brick material adjacent to 
a public right-of-way, whether within the public right-of-way or on 
private property, which is designed for pedestrian use. 

Sec. 9-2. Public Nuisance.

The existence of snow and/or ice on sidewalks within the City which affect 
the safe pedestrian use of said sidewalks is hereby declared to be a 
public nuisance.

Sec. 9-3. Owner to Remove1.

It shall be the duty of every owner of any land, building, or lot within 
the City to remove snow and/or ice from adjacent sidewalks to permit the 
safe pedestrian passage upon said sidewalks bordering said property and to 
abate the nuisance set forth in this Chapter. This duty applies to natural 
snowfall; it does not extend to snow displaced onto sidewalks by City 
snowplows after an owner has removed natural snowfall.
(Ord. 83-5, 6/6/83)

Sec. 9-4. Notice.

Upon a determination that a parcel of property within the City is in 
violation of this Chapter, the City or the Chief of Police shall cause 
notice, in writing, to be served upon the owner, tenant or person in 
control of said property, or to be posted upon property which is in 
violation of this Chapter. Said notice shall require the owner, tenant 
and/or the person in control of said property, to abate said nuisance 
within twenty four (24) hours of the time of service or posting of notice.

Sec. 9-5. City May Abate.

If the property owner, tenant or person in control of the aforementioned 
property fails to abate the nuisance as provided in this Chapter within 
the twenty four (24) hour period provided in this Chapter, the City may 
cause the sidewalk adjacent to said property to be cleared of snow and ice.
The City shall then bill the property owner for the City's reasonable 
costs in abating said nuisance. Within ten (10) days of receipt of 
billing, the owner may request a hearing before the Council if the owner 
believes such billing was unjust. The Council shall confirm, modify or 
annul the charges made. Said charges may be collected in any manner 
consistent with the Idaho Code and shall constitute an outstanding lien on 
the property in violation.

Sec. 9-6. Public Offense.

A. The owner of any property who has allowed snow or ice to remain on the 
sidewalk abutting his or her property for a period of twenty four (24) 
hours, after notice as provided herein, shall be deemed guilty of a 
misdemeanor.

B. Where the City can demonstrate that tenant or individual other than the 
owner is responsible for maintaining the sidewalk free and clear of snow 
and ice and where such person has failed, after notice, to abate the 
nuisance as provided herein, such person shall be deemed guilty of a 
misdemeanor.

C. Each twenty four (24) hour period after notice during which said owner, 
tenant or person responsible for maintaining the property shall fail, 
refuse or neglect to remove snow or ice from the sidewalk adjacent to said 
property, shall give rise to a separate and distinct offense.

D. Each violation of this Chapter shall be a misdemeanor. Any person(s) 
convicted of a violation of this Chapter shall be fined pursuant to this 
Code and the Idaho Code.
(Ord. 84-04, 1/23/84)

------------------------------------

Seeya round town, Moscow.

Tom Hansen
Moscow, Idaho


---------------------------------------------
This message was sent by First Step Internet.
           http://www.fsr.com/