§ 18-3-107. REMOVAL OF SNOW AND ICE.

(a)

Required. Within 24 hours after the fall of any snow, each person or public institution occupying or using a residential, commercial, or industrial building in any manner or for any purpose shall remove and clear away, or cause to be removed and cleared away, the snow from the foot pavements fronting the respective houses, stores, shops, stables, houses of worship, lots occupied by any buildings, unoccupied buildings, and unoccupied lots that run along streets in the county.

(b)

Manner of removal. In removing or clearing the snow, the person may not:

(1)

Obstruct the passage of water in gutters along the street; or

(2)

Throw the snow on the paved portion of the street.

(c)

County may remove. If the person required to remove and clear snow under this section does not remove and clear the snow, the county may do so at the expense of the person.

(d)

Expense a lien.

(1)

If the person does not pay the expense incurred by the county for snow removal under this section, the expense shall be a lien on the property in the same manner as taxes, and shall be collected in the same manner provided by law for the collection of taxes.

(2)

Charges and assessments imposed under this subsection are benefit charges and may not exceed a reasonable estimate of the special benefit conferred on the property.

(e)

Removal of ice. The person required to remove and clear snow also shall keep ice and every type of obstruction out of the gutters leading to and off the pavements or sidewalks located in front or at the rear or sides of the same buildings.

(f)

Penalty. In addition to the other remedies provided in this section, a person who fails to comply with this section is guilty of a misdemeanor and subject to a fine of $25 for each failure and an additional $25 for each day the obstruction continues.

(1988 Code, § 31-8) (Bill No. 3, § 2, 3-30-1990; Bill No. 66-01, § 2, 7-1-2004)