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(a) Public nuisance. The mayor and board of aldermen hereby declare that an accumulation of snow or ice on public sidewalks is a public nuisance and creates an emergency situation. Within twelve (12) hours after snow stops falling, a person owning or occupying a lot or part of a lot abutting a city sidewalk shall remove the snow and ice from the abutting sidewalk for a width of four (4) feet, or the width of the sidewalk, whichever is less.
(b) Notice of violation. If the owner or occupant fails to remove the snow and ice as required by this section, the code official shall post a notice of violation in a conspicuous place on the property notifying the property owner or occupant to remove the snow and ice as required by this section.
(c) Municipal infraction. If the property owner or occupant fails to comply with the notice of violation within twenty-four (24) hours after its posting, the code official may issue a citation for a municipal infraction. The penalty for violation is a fine not exceeding one hundred dollars ($100.00).
(d) Abatement. If the property owner or occupant fails to comply with the notice of violation within twenty-four (24) hours after its posting, the code official may cause the snow and ice to be removed. The costs of removal will be charged to the property owner and will be liens upon the property to be collected in the same manner as municipal taxes are collected.
(e) Administrative appeal. A property owner may appeal a notice of violation within five (5) working days of the posting of the notice of violation by filing a written notice of appeal, stating the grounds for the appeal, with the code official. The filing of a notice of appeal does not stay any enforcement action. Upon receipt of a notice of appeal, the code official shall schedule a hearing before the building code appeals board and shall notify the property owner of the date and time of the hearing. At the hearing, the property owner may present witnesses and other evidence and may cross-examine witnesses. The city has the burden of showing by a preponderance of the evidence that this section has been violated. The building code appeals board may affirm the action of the code official or reverse the action based upon a finding that (1) this section has been incorrectly interpreted; or (2) that the condition described in the notice of violation did not exist or did not constitute a violation of this section. In reversing the action being appealed, the building code appeals board shall order that any applicable charge assessed by the city be nullified.
(f) Judicial review. Any person aggrieved by a decision of the building code appeals board may, within ten (10) days of the decision, file a petition for judicial review in the circuit court for Frederick County in accordance with the Maryland Rules applicable to judicial review of administrative agency decisions.
(Ord. No. G-08-1, § 1, 1-3-08)
Editor's note— Ord. No. G-08-1, adopted January 3, 2008, repealed and reenacted § 22-16 which pertained to removal of snow and ice from sidewalks and derived from Ord. No. G-94-82, § 1, 11-17-94.
Sec. 22-16.1. - Placing snow in public way.
(a) A person may not plow, shovel, or otherwise deposit snow or ice onto a public street or sidewalk. Violation of this section is hereby declared to be a municipal infraction punishable by a fine not to exceed five hundred dollars ($500.00).
(b) A person violating this section and the owner of any property from which the snow or ice originated are jointly and severably liable for any costs incurred by the City in (1) removing the snow or ice; and (2) repairing any damage to City property that results from the violation.
(Ord. No. G-82-12, § 1, 7-8-82; Ord. No. G-11-01, § I, 1-6-11)