Weeping Water Nebraska

ORDINANCE NO. 609


AN ORDINANCE OF THE CITY OF WEEPING WATER, NEBRASKA, AMENDING SECTION 92.05, AND AMENDING SECTION 92.50, OF THE WEEPING WATER MUNICIPAL CODE; PROVIDING FOR THE REMOVAL OF SNOW, SLEET, ICE, MUD OR OTHER SUBSTANCE FROM THE SIDEWALKS WITHIN THE BUSINESS DISTRICT AND SIDEWALKS WITHIN THE RESIDENTIAL AREA OF THE CITY; PROVIDING FOR THE REMOVAL OF SUCH SUBSTANCES FROM SIDEWALKS BY THE CITY AND CHARGING AGAINST THE PROPERTY AND OWNER THE EXPENSE OF THE REMOVAL AND ASSESSING THE COST OF THE REMOVAL AGAINST THE PROPERTY AS A SPECIAL ASSESSMENT; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES OR SECTIONS; TO PROVIDE FOR AN EFFECTIVE DATE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF WEEPING WATER, NEBRASKA:

     SECTION 1.  That Section 92.05 and Section 95.50 of the Weeping Water Municipal Code shall be amended to read as follows:

It shall be unlawful for the occupant of any lot or lots or the owner of any vacant lot or lots within the corporate limits to permit any snow, sleet, ice, mud or other substance to remain on the sidewalks.

     SECTION 2.  All sidewalks within the business district shall be cleaned within five (5) hours after the cessation of a storm, unless the storm or fall of snow shall have taken place during the night, in which case the sidewalk shall be cleaned before 9:00 a.m. the following day.  Sidewalks within the residential areas of the city shall be cleaned within twelve (12) hours of the cessation of the storm.

     SECTION 3.  Notice to remove snow, mud, ice, sleet, or other substance shall be made upon the owner of the premises in any reasonable manner, said notice to demand the removal of said substance forthwith.  If the person owning such premises is unknown or cannot be found, or if any reasonable service cannot be made upon such owner, agent or occupant within the city, then such service of said notice shall be made by posting a copy thereof in some conspicuous place on the premises; and in case the owner or occupant shall fail to remove the snow, sleet, mud, ice or other substance, then it shall be the duty of the city to remove such substance and the expense thereof shall be charged against the property and the owner thereof, and may be recovered by proper action in the name of the City or be chargeable against the property as special assessment for improvements.(ref. Neb. rev. stat. sec. 16-207, 16-663)

     SECTION 4.  That any other ordinance passed and approved prior to this passage, approval, and publication or posting of this ordinance and in conflict with its provisions, is hereby repealed.

     SECTION 5.  This ordinance shall take effect and be in full force from and after its passage, approval, and publication and posting as required by law.

     PASSED AND APPROVED this 11th day of March, 2013.