Waukesha |
Code of Ordinances |
Chapter 36. STREETS, SIDEWALKS AND OTHER PUBLIC PLACES |
Article I. IN GENERAL |
§ 36-9. Snow and ice removal.
(a)
Removal from sidewalks. The owner, occupant or person in charge of any parcel or lot which fronts upon or abuts any sidewalk shall keep said sidewalk clear of all snow and ice. In the event of snow accumulating on said sidewalk due to natural means and/or by any other means, said sidewalks shall be cleared of all accumulated snow and/or ice within 24 hours from the time the snow ceases to accumulate on said sidewalk. Sidewalks are to be kept clear of snow and ice to a minimum of four feet in width. In the event that ice has formed on any sidewalk in such a manner that it cannot be removed, the owner, occupant or person in charge of the parcel or lot which fronts upon or adjoins said sidewalk shall keep the sidewalk sprinkled with sand, salt and/or other ice melting compound to permit safe travel by pedestrians.
(b)
Notice and removal of snow from sidewalks. If the owner, occupant or person in charge of any parcel or lot which fronts upon or adjoins any sidewalk shall fail to keep said sidewalk clear of snow and ice as set forth in subsection (a) of this section, town law enforcement officers and other designated town officials and employees shall take the actions prescribed herein. If a town law enforcement officer or other designated town officials and employees determine that the failure to remove the snow and ice from the sidewalk creates an immediate danger to the public health and/or safety, he shall cause the issuance of a written notice to the owner, occupant or person in charge of any parcel or lot directing that the snow and ice be removed within two hours from the delivery of the notice. In the event the property owner, occupant or person in charge of said parcel or lot is unavailable to receive a written notice, the law enforcement officer or other designated town officials and employees shall immediately cause the removal of the snow and/or ice. The law enforcement officer and other designated town officials and employees shall serve or send a written notice to the last-known address of the property owner notifying him that a hazardous condition existed which required immediate abatement.
(c)
Snow and ice not to encroach. No person shall push, shove or in any way deposit any snow or ice onto any public streets, alley, sidewalk or public lands dedicated to public use except for parcels or lots located where existing buildings are constructed within five feet of the street right-of-way and the sidewalks exist from the town right-of-way to the curbline. In such instances, the owners, occupants and/or employees of parcels or lots shall be permitted to deposit snow and ice from their sidewalks onto the public streets.
(d)
Enforcement. The county sheriff and designated town officials and employees are hereby authorized and directed to enforce the provisions of this section.
(e)
Continued violations. Each 24-hour period where a violation occurs shall constitute a separate offense under this section for enforcement purposes. Repeated violations or subsequent additional accumulations of snow and/or ice shall not nullify any pending notice issued under this section.
(f)
Abatement after notice. Failure of the owner, occupant or person in charge of any parcel or lot to cause the removal of snow and/or ice within the time established under subsection (b) of this section after receiving a written notice shall result in the town causing the removal of said snow and/or ice.
(g)
Expense. An account of the expenses incurred by the town to abate the snow and/or ice hazard shall be kept and such expenses shall be charged to and paid by the parcel or lot owner. Said expenses shall be not less than the fee set by resolution nor more than the actual cost of wages and material required to remove said snow or ice, whichever is greater. Notice of the bill for the removal of snow and/or ice shall be mailed to the last-known address of the owner of the parcel or lot and shall be payable within ten calendar days from the receipt thereof. Within 30 days after such costs and expenses are incurred and remain unpaid, the town clerk-treasurer shall enter those charges onto the tax roll as a special tax as provided by Wis. Stats. § 66.0907(3)(f).
(h)
Penalty. In addition to the provisions set forth in this section, any person, firm or corporation which violates the provisions of this section shall be subject to a penalty as provided in section 1-7.
(Prior Code, § 6-3-6)
State law reference
Special charges for current services and certain loan repayments, Wis. Stats. § 66.0627.