ORDINANCE # O23-4313 AN ORDINANCE INTROD

ORDINANCE # O23-4313 AN ORDINANCE INTRODUCED BY THE PUBLIC WORKS COMMITTEE AMENDING CHAPTER 104, PROPERTY MAINTENANCE AND HOUSING CODE, ARTICLE III, GENERAL REQUIREMENTS, DIVISION 2, EXTERIOR PROPERTY, SECTION 106-253, SIDEWALKS AND DRIVEWAYS AND CHAPTER 106, STREETS AND SIDEWALKS, ARTICLE I, IN GENERAL, SECTION 106-10, REMOVAL OF SNOW AND ICE GENERALLY TO REDUCE SNOW ABATEMENT TIMELINE FROM 48 HOURS TO 24 HOURS The Common Council of the City of Superior, Wisconsin does ordain as follows: SECTION 1. Chapter 104 - Property Maintenance and Housing Code, Article III – General Requirements, Division 2 – Exterior Property Section 106-253 – Sidewalks and driveways, is amended as follows: Sec. 104-253. - Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions. (1) Snow removal. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept free and clear of snow per the following sections of the City of Superior Code of Ordinances, section 106-10: “The owner, occupant or person in charge of each and every building in the City of Superior, fronting upon or adjoining any street, and the owner or person in charge of any unoccupied building or lot fronting as aforesaid, shall clean the sidewalk in front of or adjoining such building or unoccupied lot or building, as the case may be, of snow or ice to the width of such sidewalk within 48 hours 24 hours of the snowfall and cause the same to be kept clear from snow or ice. Ice may be mitigated to protect the public.” a. No person shall clear or deposit any snow or ice from any land or building onto any street, part of any alley or sidewalk. No owner, occupant, or person in charge of any land or building shall permit any person to deposit or clean snow or ice from the land or building onto any part of any street, sidewalk, or alley. b. Persons clearing away any accumulation of snow shall cause it to be hauled away at their own expense. c. Under no provision of this section shall it be considered as prohibiting the removal of snow from any public sidewalk. d. (Section 58-73.) Dumping of snow on city property prohibited. Exceptions. No person shall dump snow on any land owned by the city provided, however, that this section shall not apply to: (a) Employees of the city who are working under the supervision of the public works department and who are engaged in the removal of snow from streets, alleys, sidewalks, or property of the city; or (b) Persons holding a permit issued pursuant to this article (article III, chapter 58) and using a designated snow dump. (2)\ Private property. Placing snow on private property by individuals or businesses is prohibited unless the property is under the same ownership as the property from which the snow was removed. No person or business shall clear snow from their property and direct it on to another private property by loader, plow, blower, shovel, or any other means without written permission from the property owner. SECTION 2. Chapter 106, Article I, In General is amended as follows: Sec. 106-10. Removal of snow and ice generally. The owner, occupant or person in charge of each and every building in the city fronting upon or adjoining any street, and the owner or person in charge of any unoccupied building or lot fronting as aforesaid, shall clean the sidewalk in front of or adjoining such building or unoccupied lot or building, as the case may be, of snow or ice to the width of such sidewalk within 48 hours 24 hours of the snowfall and cause the same to be kept clear from snow or ice. SECTION 3. All ordinance and parts of ordinances in conflict herewith are hereby repealed. SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. SECTION 5. This ordinance shall take effect and be in force from and after its passage and publication, as provided by law. Approved and adopted this 16th day of May, 2023. (May 26, 2023) WNAXLP 225976