ORDINANCE NO

OPTION B

ORDINANCE NO. 8324

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING SECTION 16-115 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2008 EDITION AND AMENDMENTS THERETO PERTAINING TO REQUIREMENTS FOR THE REMOVAL OF SNOW OR ICE FROM PUBLIC SIDEWALKS; ESTABLISHING INSPECTION, NOTICE AND FINE PROVISIONS GOVERNING SUCH MUNICIPAL OFFENSE.

Section 1. Chapter 16, Article 1, Section 16-115 of the Code of the City of Lawrence, Kansas, 2008 Edition and amendments thereto, is hereby amended to read as follows:

16-115 REMOVAL OF SNOW OR ICE FROM PUBLIC SIDEWALKS.

(a) It shall be the responsibility of the property owner of record ~~or the occupant~~ of property immediately adjacent to a public sidewalk on public right-of-way to remove from the sidewalk any snow or ice which accumulates on such sidewalk or obstructs such sidewalk within twenty-four (24) hours after the snow ceases to fall or ice forms thereupon, provided that where the ice accumulated is of such character as to make removal thereof impossible, the sprinkling or placement of sand thereon within the time specified for removal in such a manner as to make such sidewalk safe for travel of pedestrians shall be deemed compliance with the provisions of this section.

(b) In the case of any property owner of record or occupant refusing or neglecting to comply with the provisions of subsection (a), and after a verified inspection of a public complaint of such non-compliance, inspection personnel of the Department of Neighborhood Resources shall notify the occupant of violation and if the occupant is not the property owner of record, the Department shall mail a written notice of violation to the property owner of record ordering the prompt removal of the snow or ice. Failure to remove the snow or ice within five (5) days after notice of violation has been mailed may result in the citation of the property owner of record or occupant pursuant to subsection (c).

~~(c)~~ Violation of the provisions of this ordinance shall be considered a municipal offense and upon an adjudication of guilty, the violator shall be fined $20.00. Each day of a continuing violation shall be deemed a separate offense.

(b) If a violation of the Article is determined to have occurred, the owner of the property shall be notified of the violation by personal service or a written notice left in a conspicuous location on the property:

(1) That the property is in violation of the City sidewalk snow and ice removal ordinance, describing the property and its locale.

(2) The owner of the property shall have forty-eight (48) hours from the time of the notice to correct the violation. If the owner of the property fails to correct the violation within forty-eight (48) hours of the notice, the City or its authorized agent may remove the snow and/or ice by reasonable means and assess the costs of removal, including reasonable administrative costs, against such person. Notice of the total cost of such abatement shall be provided to the owner by certified mail return receipt requested or personal service.

(3) That within thirty (30) days of the service of the notice of total cost of abatement, the owner of the property must either pay the assessed costs of removal, including administrative costs, or request a hearing before the Governing Body or its designated representative on the matter. Acceptable grounds for appeal include only the following: excusable neglect, financial hardship or failure of the City to follow City policies regarding enforcement of this Article. If the assessment is not appealed or paid within (30) days of the date when the assessment comes due, or if the assessment is appealed and the appeal is denied, the costs will be added to the property tax as a special assessment.

(4) That if any special assessments levied by the City in accordance with this Article remain unpaid for a period of one (1) year or more after their initial levy, the City may collect the amount due in the same manner as a personal debt of the property owner to the City by bringing an action in the Douglas County District Court. Such actions may be maintained, prosecuted, and all proceedings taken, including any award of post judgment interest in accordance with K.S.A. 16-204, and amendments thereto, to the same effect and extent as for the enforcement of an action for debt. All provisional remedies available in such actions shall be available to the City in the enforcement of the payment of such obligations. In such actions, the City also shall be entitled to recover interest at the rate provided in K.S.A. 79-2968, and amendments thereto, from and after the date a delinquency occurs in the payment of special assessments levied under this Article. The City may pursue collection both by levying a special assessment and in the manner provided by this Section, but only until the full cost and any applicable interest has been paid in full.

(c) The owner of the property shall have forty-eight (48) hours from the time of the notice to correct the violation. If the owner of the property fails to correct the violation within forty-eight (48) hours of the notice, the City or its authorized agent may remove the snow and/or ice by reasonable means and assess the costs of removal, including reasonable administrative costs, against such person. Notice of the total cost of such abatement shall be provided to the owner by certified mail return receipt requested or personal service.

(d) Within thirty (30) days of the service of the notice of total cost of abatement, the owner of the property must either pay the assessed costs of removal, including administrative costs, or request a hearing before the Governing Body or its designated representative on the matter. Acceptable grounds for appeal include only the following: excusable neglect, financial hardship or failure of the City to follow City policies regarding enforcement of this Article. If the assessment is not appealed or paid within (30) days of the date when the assessment comes due, or if the assessment is appealed and the appeal is denied, the costs will be added to the property tax as a special assessment.

(e) If any special assessments levied by the City in accordance with this Article remain unpaid for a period of one (1) year or more after their initial levy, the City may collect the amount due in the same manner as a personal debt of the property owner to the City by bringing an action in the Douglas County District Court. Such actions may be maintained, prosecuted, and all proceedings taken, including any award of post judgment interest in accordance with K.S.A. 16-204, and amendments thereto, to the same effect and extent as for the enforcement of an action for debt. All provisional remedies available in such actions shall be available to the City in the enforcement of the payment of such obligations. In such actions, the City also shall be entitled to recover interest at the rate provided in K.S.A. 79-2968, and amendments thereto, from and after the date a delinquency occurs in the payment of special assessments levied under this Article. The City may pursue collection both by levying a special assessment and in the manner provided by this Section, but only until the full cost and any applicable interest has been paid in full.

(f) Assessment of costs.

(1) Upon failure of the owner of the property to either correct or have corrected the violation, inspection personnel may cause the snow and/or ice to be removed from the sidewalk.

(2) The owner of the property shall be given notice by restricted mail or personal service of notice of the total assessed costs of abatement of the violation including reasonable administrative costs. Such notice shall state payment of the abatement and administrative costs is due within thirty (30) days of receipt of the notice. If the cost of such abatement is not paid within the 30-day period, a record of all costs shall be certified to the City Clerk, who shall cause such costs to be assessed against the property upon which the violation was abated. The City Clerk shall certify the assessment to the County Clerk at the time other special assessments are certified to be spread on the county tax rolls.

(3) Failure to sign for the certified return receipt requested mail notice from the City or failure to pick up the notice from the post office within fifteen (15) days shall not constitute a lack of notice under this Article where delivery was attempted and a record of this attempt was provided as required by procedures for restricted mail. If the certified return receipt requested mail notice is not signed for or picked up, the City shall give the property owner notice by first class mail, which shall be deemed sufficient service at the time of mailing.

Section 2. Section 16-115 of the Code of the City of Lawrence, Kansas, 2008 Edition, and amendments thereto, is hereby repealed, it being the intent that the provisions of this ordinance supersede the repealed Code sections.

Section 3. Severability. If any section, clause, sentence or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 4. This ordinance shall take effect and be in force effective upon its passage and publication once in the official city paper as provided by law.

ADOPTED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS this day of , 2008.

PASSED

Michael Dever, Mayor

ATTEST:

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

_____________________________________________

Toni Ramirez Wheeler, Director of the Legal Department