The Avilla Town Council has received complaints recently from parents that have children walking to school about sidewalks that have not had snow removed.
The Town of Avilla has an ordinance that says all property owners and/or first-floor occupants are responsible to clean snow and ice from the sidewalk in front of their premises within 24 hours from the time the snow has ceased to fall or the ice has accumulated.
The Town Council is asking all property owners in Avilla to clean their sidewalks in a timely manner or they risk being assessed the cost of the Town cleaning them as well as a fine up to $25.00 for each day the snow or ice is allowed to remain on any sidewalk in front of their property.
Avilla – General Regulations
§ 95.25 REMOVAL OF SNOW AND ICE FROM SIDEWALKS.
(A) The occupants of occupied premises and the owners of unoccupied premises situated in the town are hereby required to keep sidewalks in front of or adjacent to the premises so occupied by the occupants or in front of or adjacent to the unoccupied premises so owned by owners free from snow and ice, as hereinafter provided. For the purpose of this section the person or persons, firm, association or corporation occupying for business, residence or other purposes the first floor of any building situated on the premises so occupied shall be responsible for removal of snow and ice form the sidewalk, but if the first floor of the building is not occupied, then the premises shall be deemed and held to be unoccupied, and the owner thereof shall be required to keep the sidewalks free from ice and snow.
(B)(1) In case any snow or ice accumulated on any sidewalk shall have fallen or accumulated in the night time, the same shall be removed by the occupant or owner within 24 hours of the accumulations of said snow or ice. If the snow or ice shall have fallen or accumulated on any sidewalk during daylight hours, then the same shall be removed by the occupant or owner within 24 hours from the time the snow has ceased to fall or the ice has accumulated.
(2) In the event an occupant or owner shall have removed the accumulated snow or ice within the time provided for in this division, then said occupant or owner shall be deemed to have complied with division (A).
(C) If any owner or occupant does not remove snow and ice as provided in division (A) above, the Street Commissioner is hereby authorized to remove or cause the snow and ice to be removed and report in writing the necessary expense incident thereto to the Clerk-Treasurer, who shall certify the amount with the description of the lot or parcel of ground and the owner or owners’ name or names, which amount shall then become a lien upon the lot or parcel of ground and shall be collected by the ClerkTreasurer at the same time and in the same manner that he or she collects other assessments on real estate.
(Ord. 1024A, passed 3-13-1967; Am. Ord. 1453-06-02, passed 7-10-2006)
§ 95.99 PENALTY.
(A) Any person violating any of the provisions of§§ 95.20 through 95.24, shall upon conviction be fined in any sum not more than $1, and not more $100 in each day’s continuance of the violation shall constitute a separate and distinct offense.
Streets and Sidewalks
(B) Any person who shall violate any of the provisions of§ 95 .25(A) or (B) shall, upon conviction, be fined in any sum not Jess than $1 and not more than $25, and each day that any snow and ice shall be allowed to remain upon any sidewalk in violation of the provisions of the divisions shall be deemed a separate and distinct violation thereof.
(Ord. 227, passed 4-9-1956; Ord. 302, passed 11-27-1962; Ord. 1024A, passed 3-13-1967; Am. Ord. 1453-06-02, passed 7-10-06)