Chapter 12.20
SNOW AND ICE REMOVAL

Sections:

12.20.010    Property owner to remove snow and ice from sidewalks – Ice buildup.

12.20.020    Sidewalks impossible to clear.

12.20.030    Throwing snow and ice into streets.

12.20.040    Removal by city – Lien on property.

12.20.050    Penalty for violation.

12.20.060    Person defined.

12.20.010 Property owner to remove snow and ice from sidewalks – Ice buildup.

It shall be the duty of the owner or occupant of any house or other building and the owner, lessee or person entitled to possession of any vacant lot or block, and every person having charge of any church, public hall, or public building in the city of Leavenworth abutting or bordering upon any street, avenue, highway or public place, to remove or cause to be removed all snow and ice from the sidewalk in front of or adjacent to such premises to the full paved width of said sidewalk in commercial districts within 24 hours after such snow or ice shall have fallen or accumulated thereon.

It shall be the duty of the owner or occupant of any building and every person having charge of any church, public hall, or public building in the city of Leavenworth to remove any ice buildup on any overhanging structures in and over public rights-of-way in commercial areas, which may or may not constitute a hazard to the public, as determined by the city.

It shall be a violation with penalties in accordance with LMC 12.20.050 for any person to fail to comply with the requirements of this section. [Ord. 1446 § 1 (Att. A), 2013; Ord. 639 § 2, 1979.]

12.20.020 Sidewalks impossible to clear.

In case the snow and ice on the sidewalk shall be frozen so hard that it cannot be removed without injury to the pavement, the lessee, occupant, person having charge, or owner of every parcel of real estate within the commercial districts shall within the time specified in LMC 12.20.010 cause the sidewalk abutting or adjacent to such premises to be strewn with ashes, sand, sawdust or some other suitable material and shall as soon thereafter as the weather shall permit thoroughly clean such sidewalk. [Ord. 1446 § 1 (Att. A), 2013.]

12.20.030 Throwing snow and ice into streets.

It shall be a violation with penalties in accordance with LMC 12.20.050 for any person to throw or put, or cause to be thrown or put, any snow or ice into any street, avenue or other public place in the city unless the same shall be broken up and spread evenly over the surface of such street, avenue or other public place; provided, however, that no lessee, occupant, person having charge of or owner of any parking lot located on commercial districts shall cause to be placed into any street, avenue or public place, snow so removed from any said parking lot. [Ord. 1446 § 1 (Att. A), 2013.]

12.20.040 Removal by city – Lien on property.

In the event any owner or occupant who is required herein to remove said snow and ice, fails to do so within 24 hours after such snow or ice has fallen or accumulated, then, in that event, the city of Leavenworth may remove all of said ice or snow and the owner of said property shall be charged the reasonable cost thereof, which said reasonable cost shall be not less than $10.00. Any of said charges which remain unpaid for a period in excess of 30 days after billing thereof shall constitute a lien against said property upon the filing of a notice thereof in the office of the auditor of Chelan County, Washington, which lien may be foreclosed in the same manner as liens for local improvement districts are foreclosed. The imposition or collection of any fine or penalty prescribed by this chapter shall not be a bar to the right of the city to collect the costs of removing and cleaning of snow and ice from the sidewalks as herein provided. [Ord. 1446 § 1 (Att. A), 2013.]

12.20.050 Penalty for violation.

Any owner, lessee, occupant or person in charge who violates provisions of either LMC 12.20.010, Property owner to remove snow and ice from sidewalks – Ice buildup, or LMC 12.20.030, Throwing snow and ice into streets, or who shall resist or obstruct the city in the removal of said snow and ice, shall be guilty of a civil infraction and shall be punished by a monetary penalty and each day on which said violation continues will constitute a separate offense. The civil penalty for violation of this chapter shall be $50.00 on the first offense, $100.00 on the second offense, $200.00 on the third offense, and $200.00 on each day thereafter which said violation continues. The city may collect the civil penalty, if not paid on demand, by commencing an action in the Chelan County district court or Chelan County superior court. In any such action the city shall be entitled to recover, in addition to the civil penalty, its costs and reasonable attorney fees. It shall be a misdemeanor for any person to fail to sign and accept a civil infraction notice or citation issued pursuant to this chapter. [Ord. 1446 § 1 (Att. A), 2013; Ord. 639 § 3, 1979. Formerly 12.20.020.]

12.20.060 Person defined.

“Person” as used in this chapter means and includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint stock companies, societies or all other entities of any kind capable of being sued. [Ord. 1446 § 1 (Att. A), 2013.]