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Memo- Central Business District Snow Removal Ordinance Public Warks Department Memorandum To: Honorable Mayor and Members of the City Council From: Rick Getschow, City Manager + Steven J. Stadler, Public Works Director Copy: Date: September 14, 2006 Subject: Central Business District Snow Removal Ordinance Staff would like to discuss with City Council the possibility of more aggressively enforcing snow and ice removal from sidewalks within the Central Business District. Each winter season there are several Central Business District property owners who do not clear their sidewalks soon enough to allow Public Works crews to pick up this sidewalk snow during street snow clean-up operations. When this happens, besides causing hazardous conditions for pedestrians, when the snow is finally shoveled into the street it is spread around by cars parking on the streets detracting from an otherwise cleared street. The current city ordinance requires snow/ice to be cleared within 12 hours after snowfall stops. A city employee inspects the CBD sidewalks for compliance within 12-24 hours of a snowfall. If sidewalks aren't cleared a tag notice is issued and the business owner or property owner has 48 hours to clear the snow or the City may remove it and charge the cost to the property. The problem is that by this point the city has completed its CBD snow clearing operations and, as previously mentioned, now the sidewalk snow is in the gutter creating problems. If the ordinance were revised to allow only 24 hours after the written notice then, in most instances, the City could clear those sidewalks prior to the snow removal and hauling operation. As an example, if a snow storm ended at 6:00 am, owners have until the end of that day to shovel snow (12 hours). If it isn't shoveled a city worker would tag the business/property owner giving them until the end of the next day to shovel. If it isn't done by then, city workers could clear the sidewalk early the following morning prior to street clean-up and bill the property for the service. Attached are the current ordinance with proposed revisions, a copy of our tag notices and the letter we send out to owners prior to each snow season. Hopkins City Code (Rev. 6/98), 820.01 . Section 820 - Maintenance and Repair of Walks, Aprons and Vegetation 820.01. Definitions. Subd. 1. "Current accumulation of snow, ice, or other rank vegetation. Service". The term means the removal from sidewalks dirt and rubbish; cut or eliminate weed growth, grass Subd. 2. Driveway Apron. The term means a driveway area providing access to the property of an owner or occupant extending from a public street to the boundary of the property of said owner or occupant. (Amended ord. 98-810) 820.03. Walks And Weeds. The owner or occupant of property adj acent to a public sidewalk, carriage walk, or driveway apron, shall maintain such areas in a clean and safe condition for pedestrians at all times and shall not allow snow, ice, dirt or rubbish to remain thereon longer than 12 hours after its deposit. Said owner or occupant shall further cut or remove weeds, grass or other rank vegetation growth of an average height greater than ten inches as defined in Minnesota Statute Section 18.171, Subd. 5. 820.05. Public Nuisance. Failure of the owner and occupant to comply with the requirements of Section 820.03 by allowing such accumulations or growth shall be deemed to be a public nuisance. . '82-0. 07~ -----rrotice. Whenever the owner or occupant permits t'h-e -contTnua-n-ce of ~ bublic nuisance as defined in Section 820.05, the City shall serve notice upon ,said owner or occupant by registered mail or personal service ordering such maintenance or removal wi thin 484-& hours following receipt of the notice and further notice that noncompliance will .be followed by such maintenance or remova~ by the City at the expense of the owner or occupant and if unpaid, shall be mad~ a special assessment _against. !,h.e___proper!;y_ s;oncern_ed as her_ein_af.!~,.r__P'!_o...2..ided .1 (Amended .Q.rd :..9JL-.81 0) - - -- . - - . - ...., 820.08 Central Business District Notice. Whenever the owner or occupant Jails - to remove snow/ice acc;7mulation from abutting sidewalks and thereforJ permits the continuance of a public nuisance as defined in Section 820. 05, th~ 'City shall serve notice upon said owner or occupant by registered mail 04 personal service ordering such maintenance or removal within -24 hours following. jreceipt of the notice and further notice tha t noncompliance will be followed by ~such main tenance or removal by the Ci ty a t the expense of the owner or occupan t; and if unpaid, shall be made a special assessme!1( _against the prop_ertY-. _c:.oncerne.9 a~ .herein9.fJer _p...fovideq.. LAmend~ Q.rcj. 98-810) 820.09 Assessment. On or before September 1 of each year, the City shall list the total of all unpaid charges for each type of current service against each separate lot or parcel to which they are attributable under this Section. The City may then spread the charges against the benefited property as a special assessment pursuant to Minnesota Statute Section 429.101 and other pertinent statutes for certification to the County Auditor and collection for the following year with current real estate taxes due on said lots or parcels. . 820.11 The City shall repair or replace carriage walks and driveway aprons when, in the opinion of the City Engineer and subject to Council approval, such facili ties are found to be in a state of disrepair and pose a danger to the ~ City ojcHopkins 1010 :First Street South j{opkins, ~ 55343-7573 P/ione: 952-935-8474 · :Fat\; 952-935-1834 We6 aicfress: www./iopkinsmn.com November 30, 2004 Dear Business Owner/Manager Winter is once again upon us. The goal of the City and businesses is to have the cleanest, safest streets and sidewalks in the downtown area this winter season. Only by working together can we achieve this goal. The timing of your sidewalk snow plowing/shoveling is critical to our success. I n order to keep the parking lanes clear of snow, your sidewalk snow must be moved into the street gutter area prior to City crews starting the street snow removal operation. Snow removal on Mainstreet and downtown avenues is normally done on the second morning after a major snow event. Hopkins City Code 820.03 requires an owner and/or occupant of any property adjacent to a public sidewalk to remove snow or ice within 12 hours of its deposit. If you handle your snow within this 12 hours, it will be removed from the gutter during the street clearing operation. If you don't, your sidewalk snow will stay in the parking lane causing inconvenience and unsafe conditions for motorists and pedestrians. An explanation of the City snow removal ordinance enforcement procedures is provided below. You may not push parking lot snow into any City street or alley. Owners are responsible for snow removal in these areas. SIDEWALK SNOW/ICE REMOVAL ORDINANCE - CITY ENFORCEMENT PROCEDURE: Reference City Code 820.03 A City employee will inspect sidewalks between 12 - 24 hours after the end of each snowfall. If a business hasn't cleared their sidewalk yet, a yellow tag notice and red snow violation notice will be personally delivered to the business owner or an employee of the business. The business owner has 48 hours after the receipt of this notice to complete sidewalk snow or ice removal. If not completed within 48 hours, the City will remove the snow/ice and a fee will be charged to the property owner. If unpaid, this fee will be assessed against the property. Thank you for your cooperation - we look forward to working with you this winter! Sincerel~ ~ Joe Fawcett Senior Engineering Technician 952 548-6357 Partnering with the Community to 'Enfiance the Qjtafity of Life + Inspire + 'Educate + Invo{ve + Communicate + '~,~t ,- J ~ ~.~ ",JlJ'lell:~e: 'h,elp~ . ~':~E!'e:p l~' ~clean! iii ~~ !!> ~ /Iii '6 ..:" ~t. ~!'~, ~'r . , . (J itb~ 'safety .of the: 'publiā‚¬':. . . ., .. >. :I ,.. r.J !I'.... 'iJ~ ~ !f~_lj .:. ~... ~\ Il~:( ~ !aRf il. 'rJ c,{:t .,. jJ \l 'Ii '''.' ,\, II::: " ~ !' :tD ofJ"..J II;t :: ~.ii'&~i\:'I,' It :oJ' 01) '''!~ ~: >lI t! 'b " ~... " :J~ J"J , Iii ~ Il!l .re.!JI III ,. .f d i' "IlI~f ~ :r i' 'f!l'~ ~ ;~ rJ n~ a" tll ~ '), (i~ g'J:' emJ. ~ III :i,ce:., · .. . 11'/.,.~ Q II: :1~f1 " Ii::. .. l.' ~ ~ _:~ t:-i: ~j:fr;.1 ~1 ~ . ~!.'~"..t.'J.,:1 r..l ,;r. ~"". ., ~. ''P .,$ j,"tJ'" lj) L~ ~ :"'11~ ~ '" 11':':"1-.1 . 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