>From Title 5, Chapter 9:
REMOVAL OF SNOW AND ICE
Sec. 9-1: Definitions
Sec. 9-2: Nuisance
Sec. 9-3: Owner to Remove
Sec. 9-4: Notice
Sec. 9-5: City May Abate
Sec. 9-6: Public Offense
Sec. 9-1. Definitions.
City. City of Moscow.
Owner. Owner of record as determined from the records of the Latah County
Assessor's office or such other records or information as the
Administrative Authority may determine reasonable.
Sidewalk. Any concrete, asphaltic paving or brick material adjacent to a
public right of way, whether within the public right of way or on private
property, which is designed for pedestrian use.
Sec. 9-2. Nuisance.
The existence of snow and/or ice on sidewalks within the City which affect
the safe pedestrian use of said sidewalks is hereby declared to be a nuisance.
Sec. 9-3. Owner to remove.
It shall be the duty of every owner of any land, building, or lot within
the City to remove snow and/or ice from adjacent sidewalks to permit the
safe pedestrian passage upon said sidewalks bordering said property and to
abate the nuisance set forth in this Chapter. This duty applies to natural
snowfall; it does not extend to snow displaced onto sidewalks by City
snowplows after an owner has removed natural snowfall. (Ord. 83-5, 6-6-83)
Sec. 9-4. Notice.
Upon a determination that a parcel of property within the City is in
violation of this Chapter, the Administrative Authority of the City or the
Chief of Police shall cause notice, in writing to be served upon the owner,
tenant or person in control of said property, or to be posted upon property
which is in violation of this Chapter.
Said notice shall require the owner, tenant and/or the person in control
of said property, to abate said nuisance within twenty four (24) hours of
the time of service or posting of notice.
Sec. 9-5. City may abate.
If the property owner, tenant or person in control of the aforementioned
property fails to abate the nuisance as provided in this Chapter within the
twenty four (24) hour period provided in Section 5-9-4, the Administrative
Authority may cause the sidewalk adjacent to said property to be cleared of
snow and ice. The Administrative Authority shall then bill the property
owner for the City's reasonable costs in abating said nuisance.
Within ten (10) days of receipt of billing, the owner may request a
hearing before the City Council if the owner believes such billing was
unjust. The City Council shall confirm, modify or annul the charges made.
Said charges may be collected in any manner consistent with Idaho law and
shall constitute an outstanding lien on the property in violation.
Sec. 9-6. Public offense.
A. The owner of any property who has allowed snow or ice to remain on the
sidewalk abutting his or her
property for a period of twenty four (24) hours, after notice as provided
herein, shall be deemed guilty of a misdemeanor.
B. Where the Administrative Authority can demonstrate that tenant or
individual other than the owner is responsible for maintaining the sidewalk
free and clear of snow and ice and where such person has failed, after
notice, to abate the nuisance as provided herein, such person shall be
deemed guilty of a misdemeanor.
C. Each twenty four (24) hour period after notice during which said owner,
tenant or person responsible for maintaining the property shall fail,
refuse or neglect to remove snow or ice from the sidewalk adjacent to said
property, shall give rise to a separate and distinct offense.
D. Each violation of this Chapter shall be punishable by a fine not to
exceed fifty dollars ($50.00). (Ord. 84-04, 1-23-84)
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And from Title 5, Chapter 7:
Sec. 7-1. Sidewalk Policies.
The following shall constitute the general sidewalk policies of the City
of Moscow:
A. It shall be the responsibility of the adjacent property owner to
maintain in good repair and safe condition and to keep clear of all snow,
ice and debris, the sidewalks which are adjacent to the owner's property
including the portion of the sidewalk which runs to the middle of any
adjacent public alley.
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Gib Myers gmyers@moscow.com
City of Moscow 208.883.7015 voice
PO Box 9203 208.883.7018 fax
Moscow, ID 83843
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