HomeMy Public PortalAbout2006_02_14_O002 Amending the TC re Snow Removal from SidewalksThe Town of
Leesburg,
Virginia
PROPOSED: February 14, 2006
ORDINANCE 2006-0-2
ADOPTED: February_ 14, 2006
AN ORDINANCE:
TO AMEND AND REORDAIN SECTION 16-13 (REMOVAL OF SNOW
AND ICE FROM SIDEWALKS) OF ARTICLE I (IN GENERAL) OF
CHAPTER 16 (STREETS AND SIDEWALKS) OF THE CODE OF THE
TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED.
THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia hereby
ordains:
SECTION I. That Section 16-13 (REMOVAL OF SNOW AND ICE FROM
SIDEWALKS) of Article I (IN GENERAL) of Chapter 16 (STREETS AND SIDEWALKS) of the
Code of the Town of Leesburg, Virginia, 1976, as amended, be and the same hereby is amended to
read as follows:
(a) It shall be unlawful for any owners of property to permit snow, sleet or ice to remain
on a public sidewalk or footway abutting the property owned or occupied by him for
more than 24 hours after the snow has ceased to fall. In the event the ice cannot be
removed without injury to the sidewalk or footway, it shall be covered within 24
hours with sand, ashes or other substance which will render it safe for travel. These
requirements shall not apply when the owner or occupant is unable to remove the
snow or ice because of a physical disability.
(b) Upon notice from the Town, a property owner shall within twenty-four (24) hours of
receipt of said notice, remove the snow, sleet or ice or the Town through it agents or
employees may eleCt to remove the snow, sleet or ice, bill the owner or occupant of
the property for the costs, in which event the cost or expenses may be collected as
taxes are collected and/or issue a civil penalty of $50.00 citation to the owner or
occupant of the proPerty.
(c) Every charge authorized by this section with which the owner of any such property
shall have been assessed and which remains unpaid shall constitute a lien against
such property ranking on a parity with liens for unpaid local taxes and enforceable in
the same manner as provided in Articles 3 (§ 58.1-3940 et seq.) and 4 (§ 58.1-3965 et
seq.) of Chapter 39 of Title 58.1 of the Code of Virginia, as amended. The Town
may waive such liens in order to facilitate the sale of the property. Such liens may be
waived only as to a purchaser who is unrelated by blood or marriage to the owner and
who has no business association with the owner. All such liens shall remain a
personal obligation of the owner of the property at the time the liens were imposed.
AN ORDINANCE:
-2-
TO AMEND AND REORDAIN SECTION 16-13 (REMOVAL OF SNOW
AND ICE FROM SIDEWALKS) OF ARTICLE I (IN GENERAL) OF
CHAPTER 16 (STREETS AND SIDEWALKS) OF THE CODE OF THE
TOWN OF LEESBURG, VIRGINIA, 1976, AS AMENDED
(d)
(e)
Any violations of the section shall be subject to a civil penalty, not to exceed $50 for
the first violation, or violations arising from the same set of operative facts. The civil
penalty for subsequent violations not arising from the same set of operative facts
within 12 months of the first violation shall not exceed $200. Each business day
during which the same violation is found to have existed shall constitute a separate
offense. In no event shall a series of specified violations arising from the same set of
operative facts result in civil penalties that exceed a total of $3,000 in a 12-month
period. The civil penalties are in addition to any costs the property owner incurs as a
result of the failure to comply with this section.
In the event three civil penalties have been previously imposed on the same property
owner for the same or similar violation, not arising from the same set of operative
facts, within a 24-month period, the fourth violation shall be a Class 3 misdemeanor.
SECTION II. This Ordinance shall become effective upon the date and at the time of its
final passage.
SECTION III. If any provision of this ordinance is declared invalid, the decision shall not
affect the validity of the ordinance as a whole or any remaining provisions of the ordinance.
PASSED this 14th day of February 2006.
Town of Leesburg
&~z~ATTEST: ,/d Jo
/~erk of ~ouncil
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