THE CITY OF
ORDINANCE NO: G-08-1
FOR THE PURPOSE
of updating and clarifying provisions
regarding removal of snow and ice from City sidewalks
BY REPEALING AND REENACTING IN ITS
ENTIRETY Section 22-16, entitled
“Removal of snow and ice from sidewalks”
Section 1. BE IT
ENACTED AND ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF
FREDERICK that in Article I of Chapter 22 of the Code of
the City of
Sec.
22-16. Removal of snow and ice from sidewalks.
(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 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 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 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 $100.
(d) Abatement. If the property owner or occupant fails to comply with the notice of violation within 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 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 days of the decision, file a petition for judicial review in the Circuit
Court for
Section 2. BE IT FURTHER ENACTED AND ORDAINED BY THE MAYOR AND BOARD OF ALDERMEN OF THE CITY OF FREDERICK that in the event any provision, section, sentence, clause or part of this Ordinance shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence clause or part of this Ordinance, it being the intent of the city that such remainder shall be and shall remain in full force and effect.
Section 3. BE IT FURTHER ENACTED AND ORDAINED BY THE
MAYOR AND BOARD OF ALDERMEN OF THE CITY OF FREDERICK that this Ordinance shall take effect as
of the date of its passage, and all other ordinances or parts of ordinances
inconsistent with the provisions of this Ordinance will as of that date be
repealed to the extent of such inconsistency.
APPROVED: January 3, 2008 PASSED: January 3, 2008
____________________________ ____________________________
WILLIAM J. HOLTZINGER, Mayor WILLIAM J. HOLTZINGER, President,
Board of Aldermen
Approved for Legal Sufficiency:
________________________
Legal Department