Chapter 7.24
SNOW AND ICE REMOVAL
Sections:
7.24.010 Property owner to remove snow and ice from sidewalks.
7.24.020 Sidewalks impossible to clear.
7.24.030 Throwing snow and ice into streets.
7.24.040 Determination by public works director.
7.24.050 Notice to property owner.
7.24.080 Assessment deemed lien.
7.24.090 Penalty for violations.
7.24.120 Chapter 7.80 RCW sections adopted by reference.
7.24.010 Property owner to remove snow and ice from sidewalks.
It shall be the duty of the owner of every parcel of record in the city of Wenatchee 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. Within commercial zones, snow shall be cleared the full sidewalk width. Residential zones shall be cleared a minimum of three feet in width immediately adjacent to the abutting property. Snow may be piled in planter strips and around street trees, or along the curb where no other reasonable option for disposal is available. Sidewalks shall be cleared within 24 hours after such snow or ice shall have fallen or accumulated. Where footways or sidewalks have not been paved or duly established, snow and ice shall be removed to a width of not less than four feet from that portion of the street which is used in common as a footway in such street. (Ord. 2012-37 § 1; Ord. 97-32 § 1; Ord. 1703 § 1, 1961)
7.24.020 Sidewalks impossible to clear.
In the case where snow and ice on the sidewalk cannot be physically removed, the owner of every parcel of record shall, within 24 hours, apply sand, de-icer or other suitable material to thoroughly clean such sidewalk. (Ord. 2012-37 § 1; Ord. 1703 § 2, 1961)
7.24.030 Throwing snow and ice into streets.
It shall be unlawful for any person, by any means, to throw, scrape, plow, pile, dump, push or deposit snow and ice from private property on, into or upon any street, highway, alley or any public property. (Ord. 2012-37 § 1; Ord. 1703 § 3, 1961)
7.24.040 Determination by public works director.
If in the judgment of the city public works director, or his/her designee, public safety requires that a sidewalk be cleared of snow and ice, and is in violation of the city code, the public works director shall issue a notice of violation and order to clear the sidewalk to the adjoining property owner. (Ord. 2022-02 § 1)
7.24.050 Notice to property owner.
The written notice of violation and order to clear the sidewalk shall be served upon the property owner or current resident by either hand delivery or leaving at the residence by posting on the front door as a door hanger. (Ord. 2022-02 § 1)
7.24.060 Noncompliance.
If the notice and order to clear the sidewalk is not complied with within the time therein specified, the public works director shall proceed to clear the sidewalk of snow and ice forthwith and shall prepare an assessment roll as soon thereafter as may be practicable describing each adjoining parcel of land abutting upon the sidewalk that was cleared, the name of the owner of the adjoining property as shown on the records of the Chelan County assessor, and the cost of clearing said sidewalk. (Ord. 2022-02 § 1)
7.24.070 Hearing – Notice.
The public works director shall set a date for hearing before the city hearing examiner any protests against the assessment roll and shall cause a notice of the time and place of the hearing to be served upon the abutting property owner by regular first-class mail to the address shown on the Chelan County assessor’s records. At the hearing, the hearing examiner shall assess the city’s cost of clearing the sidewalk against the adjoining property owner based upon the city’s actual cost together with the reasonable cost of administrative overhead. The assessment roll of the city shall create a rebuttable presumption that notice to the adjoining property owner was adequate, the work by the city was reasonable and necessary, and that the cost incurred by the city was reasonable. The adjoining property owner shall have the burden of rebutting the presumption by a preponderance of the evidence. (Ord. 2022-02 § 1)
7.24.080 Assessment deemed lien.
The assessments shall become a lien upon the respective parcels of land and shall be collected in the manner provided by law for the collection of local improvement assessments and shall bear interest at the rate of six percent per annum from the date of the approval of the assessment thereon. The lien is not intended to be the exclusive means of collecting said assessment. (Ord. 2022-02 § 1)
7.24.090 Penalty for violations.
Violations of this chapter shall constitute a class 4 civil infraction and shall be enforced and punishable as set forth in Chapter 7.80 RCW, as now or hereafter amended. Each day the violation continues shall be a separate violation. (Ord. 2022-02 § 2; Ord. 2012-37 § 1; Ord. 1703 § 5, 1961. Formerly 7.24.040)
7.24.100 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. 2022-02 § 2; Ord. 2012-37 § 1; Ord. 1703 § 6, 1961. Formerly 7.24.050)
7.24.110 Presumption.
It shall be a rebuttable presumption that the owner of a parcel of record is the owner that is listed on the Chelan County assessor records on the date the violation occurred. (Ord. 2022-02 § 2; Ord. 2012-37 § 1. Formerly 7.24.060)
7.24.120 Chapter 7.80 RCW sections adopted by reference.
The following sections of the Revised Code of Washington (“RCW”), as now or hereafter amended, are hereby adopted by reference as part of this chapter in all respects as though such sections were set forth herein in full: RCW 7.80.005, 7.80.010, 7.80.020, 7.80.030, 7.80.040, 7.80.050, 7.80.060, 7.80.080, 7.80.090, 7.80.100, 7.80.110, 7.80.120, 7.80.130, and 7.80.160.
For purposes of this chapter and RCW 7.80.040, “enforcement officer” shall include any code enforcement officer of the department of community development for the city of Wenatchee. (Ord. 2022-02 § 2; Ord. 2018-05 § 1; Ord. 2012-37 § 1. Formerly 7.24.070)