It is hereby declared to be the responsibility of the owner and/or occupant of real estate within the city to keep his, her, or their public sidewalks clean and free from obstructions and accumulations of snow, ice, mud and slush.
(a) It shall be an offense for the owner and/or tenant or occupant of any lot, vacant or occupied, within the city to allow snow, sleet, mud, ice or other substances to accumulate on the public sidewalks adjacent thereto, or to permit any snow, sleet, mud, ice, or other substance to remain upon the sidewalk. A sidewalk shall be promptly cleaned of mud or other substance and cleared within twenty-four (24) hours after the cessation of the snow or sleet storm depositing snow or ice thereon.
(b) The city, by and through its agent, may clean or cause to be cleaned any sidewalks in violation of subsection (a) above after giving the property owner or one (1) of the property owners, the tenant or occupant actual notice of the city’s intent to take such action more than twenty-four (24) hours before taking action and charge the reasonable cost of such sidewalk cleaning to the property owner(s), tenant or occupant who received notice.
(c) As a part of the judgment of conviction under this section, the court shall assess the reasonable costs incurred by the city under subsection (b) hereunder against the defendant for reimbursement to the city as a part of the court costs.
(d) A violation of this section shall give rise to a cause of action for damages in favor of any person who is injured by the failure or neglect of the owner and/or occupant of the real estate to comply with this section.
Source: Code 1962, § 9-5-1; Ord. No. 3174, § 1, 11-21-83; Ord. No. 3180, § 1, 12-19-83; Ord. No. 3219, § 1, 6-18-84; Ord. No. 5037, § 1, 10-6-08; Ord. No. 5051, § 1, 2-17-09