Pursuant to action by the Willmar City Council at a meeting held on November 21, 2022, a public hearing will be held on December 5, 2022, at 6:32 p.m., or as soon thereafter as possible, in the Board Room at the Health and Human Services Building located at 2200 23rd Street NE, Willmar, Minnesota. ORDINANCE NO. AN ORDINANCE REGULATING THE REMOVAL OF SNOW, ICE, DIRT, AND RUBBISH FROM PUBLIC SIDEWALKS AND PRIVATE STREETS The City Council of the City of Willmar hereby ordains as follows: Section 1. AMENDMENT OF MUNICIPAL CODE, CHAPTER 13, STREETS, SIDEWALKS AND OTHER PUBLIC PROPERTY. Chapter 13, Article III – Sidewalks, of the Willmar Municipal Code is hereby amended as follows (deleted material is crossed out; new material is underlined; sections and subsections not being amended are omitted): Sec. 13-70. Removal of snow, ice, dirt, and rubbish on public sidewalks and private streets. (a) Declaration of a nuisance hazard. All snow, ice, dirt, or rubbish remaining on a public sidewalk or private street more than twenty-four (24) hours after its deposit thereon is hereby declared to constitute a public health and safety hazard be a public nuisance. (b) Removal by owner. The owner(s) and the occupant of any property abutting or surrounding public sidewalks or private streets must abate all snow, ice, dirt, or rubbish within 24 hours after any of the aforementioned items have ceased to fall or been deposited. adjacent to a public sidewalk shall use due diligence to keep such walk safe for pedestrians. No such owner or occupant shall allow snow, ice dirt or rubbish to remain on the walk longer than twenty-four (24) hours after its deposit thereon. (1) Private Streets. Private streets within the city of Willmar must provide a minimum 16-foot clear drivable path on the street. (2) Public Sidewalks. No such owner shall allow snow, ice, dirt, or rubbish to remain on a public sidewalk longer than twenty-four (24) hours after its deposit thereon. (c) City to remove. The city may cause to be removed, or otherwise abated, from all public sidewalks and private streets, all snow, ice, dirt, or rubbish which may be discovered thereon, beginning twenty-four (24) hours after snow, ice, dirt, or rubbish has ceased to fall or is deposited. The city shall keep a record of the cost of such removal, or abatement, and the private property adjacent to, or surrounded by, which such accumulations were found and removed or otherwise abated. (cd) Deposit on boulevards, public streets. It shall be unlawful, and a nuisance prohibited by the terms of this section, for the owner, tenant, occupant or person in charge of any real property a misdemeanor for any person, not acting under a specific contract with the city, to move, transport, carry or otherwise cause to be moved any snow, ice, dirt, or rubbish accumulations from private property to or upon the boulevards, public streets, crosswalks or sidewalks of the city. This section shall not, however, prohibit the cleaning of public sidewalks of ice and snow accumulations only, and the placing of such accumulations only, upon the boulevards of the city, and for areas within the central business district, from placing snow accumulations on sidewalks onto the public streets. (de) Removal by cityCost of Removal. The city may remove snow, ice, dirt or rubbish remaining on a public sidewalk twenty-four (24) hours after deposit thereon. The cost incurred by the city in removing the snow, ice, dirt, or rubbish shall be billed to the property owner of the abutting or surrounding property. If such bill is not paid within 30 days, the City Administrator shall, upon the direction of the council after a public hearing, and on receipt of the information provided for in subsection (c) of this section, extend the cost of such removal or abatement of snow, ice, dirt, or rubbish as a special assessment against the property abutting public sidewalks, or surrounding private streets, which were cleared. Such special assessments shall, at the time of certifying taxes to the county auditor, be certified for collection as other special assessments are certified and collected in accordance with applicable state statutes.If the property owner fails to reimburse the city for the costs incurred, the cost shall be certified to the county auditor, following fourteen (14) days notice and hearing, for collection as a special assessment. Section 2. EFFECTIVE DATE. This ordinance shall be effective from and after its adoption and second publication. Passed by the City Council of the City of Willmar this ___ day of ____________, 2022. ATTEST: Judy Thompson, City Clerk Marvin Calvin, Mayor VOTE: ____ PLOWMAN ____ O’BRIEN ____ DAVIS ____ ASMUS ____ FAGERLIE ____ ASK ____ BUTTERFIELD ____ NELSEN This Ordinance introduced by Council Member: Plowman This Ordinance introduced on: November 21, 2022 This Ordinance published on: November 26, 2022 This Ordinance given a hearing on: This Ordinance adopted on: This Ordinance published on: (Nov. 26, 2022) 125589