HomeMy WebLinkAboutOrdinance 26-2011Ordinance No. 26-11
An Ordinance amending Division 2 of Article V of Chapter 74 of the Code of
Ordinances of the City of Brookings, South Dakota and pertaining to snow and ice
removal from sidewalks in the City of Brookings, South Dakota.
Be It Ordained by the Governing Body of the City of Brookings, South Dakota, as follows:
Sec. 74 -21 1. Snow and ice to be removed from sidewalk by property owner.
The owner of any property must remove all snow and ice from any sidewalk upon their
property within 48 hours after any snowfall, snow or ice accumulation so that sidewalks are
clean and safe for pedestrians. Snow and ice must also be removed from that portion of the
sidewalk which ends at an intersection or crosswalk, including the curb ramp. The owner of
property abutting sidewalks on two intersecting streets must also remove all snow and ice from
the sidewalks of both streets, regardless of the source of the snow accumulation. Snow and ice
deposited on the sidewalk from the street snow removal process must also be removed within
48 hours of being deposited. Failure to remove snow and ice from a sidewalk in accordance
with this ordinance constitutes an ordinance violation.
In the event ice has so formed upon a sidewalk that it cannot be removed, then the owner
must use sand, salt or other suitable substance in such manner as to prevent the ice from being
dangerous, until such time as it can be removed. Snow and ice which is removed from a
sidewalk shall be placed on the boulevard or yard. It is unlawful for any person to dispose of or
move snow from private property onto a public street, alley or sidewalk.
Sec. 74 -212. Notice to property owner of failure to remove snow.
If city personnel find that any portion of a sidewalk has not been cleared as required by 74 -21 1,
the city will provide notice to the owner of such property. The notice will advise that the
owner has failed to remove snow and /or ice as required by ordinance, and that the property
owner is subject to a fine, and further, that the property owner will be responsible to pay for
the city's snow removal costs.
Sec. 74 -213. City's collection procedure for snow removal.
If the owner does not remove snow and ice from sidewalks as required by 74 -21 I and the city
clears a sidewalk of snow and ice, the city will keep an accurate account of the expenses for
sidewalk snow and ice removal, and the city's cost of snow and ice removal will be collected
from the owner of the property or by special assessment. The property owner will be subject
to collection procedures in the event accounts are not paid within 30 days.
Sec. 74 -214. Hearing for approval of assessment.
If the city determines that an unpaid account for city snow removal must be collected by special
assessment, the city will prepare the assessment against the property for the removal of snow
and will submit the assessment to the city council for its approval in accordance with the
procedure for special assessments.
Sec. 74 -215. Special assessment declared.
From the date of approval and filing of the assessment made under this ordinance, the
assessment will be filed against the property described in the assessment and will be collected
as a special assessment.
Sec. 74 -216. Penalties and liability for noncompliance.
Any person whose duty it is to remove snow and ice, in addition to a fine for the ordinance
violation and liability for the costs incurred by the city's removal of snow and ice, will be liable
for any damage caused by their neglect to keep the sidewalk clear and free of snow and ice.
II.
All ordinances in conflict herewith are hereby repealed.
First Reading: December 13, 2011
Second Reading: January 10, 2012
Published: January 13, 2012
CITY OF BROOKINGS, SD
Shari Thornes, City Clerk
Tim Reed, Mayor