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HomeMy WebLinkAbout1992- 3 Amending Section 8.24.090 of the Vail Municipal Code to Provide for the Owner or Occupant of Any Property within the Town of Vail to Keep the Sidewalks in the Public Right of Way Free and Clear from Ice, Snow, and Other Obstructions~~. ~• ~ . t . ~` '' ORDINANCE NO. 3 SERIES 7992 AN ORDINANCE AMENDING SECTION 8.24.09U OF THE MUNICIPAL CODE OF THE TOWN OF VAIL, COLORADO, TO PROVIDE FOR THE OWNER OR OCCUPANT OF ANY PROPERTY WITHIN THF_ TOWN OF VAIL TO KEEP THE SIDEWALKS IN THE PUBLIC RIGHT-OF-WAY ON ADJACENT OR ABUTTING SUCH LDT 4R PARCELS FREE AND CLEAR FROM ICE, SNOW, AND OTHER OBSTRUCTIONS. WHEREAS, the Town Council of the Town of Vail, Colorado, believes it will benefit the health, safety, and welfare of the citizens of the Town of Vail if the owners or occupants of property within the Town are obligated to keep the sidewalks in the public right-of-way on adjacent or abutting such lot or parcels of land free and clear of and from ice, snow, water, and other obstructions: NUW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado: 7 . Section 8.24.x90 of the Municipal Code of the Town of Vail is hereby repealed and re-enacted to read as follows: Section 8.24.090 A} It shall be the duty of every owner ar occupant in any lot, property, or parcel of land within the Town, or his agent, to keep the sidewalks in the public right-of-way an or adjacent to such lot or parcel of land, free and clear of and from snow, ice, mud, and all other obstruc#ions. It is unlawful to fail to keep the sidewalks free and clear of snow, ice, mud, and all other obstructions. Snow, ice, mud, and other obstructions cleared from sidewalks shall not be deposited in public streets ar alleys. B) If the Town Manager or his designee finds that any portion of a sidewalk has not been cleared of snow, ice, mud, and other obstructions as required by Subsection A of this Section and that a hazardous condition exists, the Town Manager or his designee shall notify the owner or manager or any property, the lessee leasing the premises or any adult occupant of a single-family dwelling #hat such person must remove the snow within twenty-four hours. Notice under this Subsection is sufficient if hand delivered or telephoned to the owner, manager, lessee, or occupant. C. if the person so notified fails to remove the snow as required by the notice set forth in Paragraph B of this Section, the Town Manager or his designee may cause the snow removal to be done to meet the requirements of this Section and charge the cos# thereof, plus and additional amount up to $25.00 for administrative costs to the person so notified. D. If any person fails or refuses to pay any charge imposed under this Section, the Town Manager may in addition to taking other collection remedies, certify due and unpaid charges to the Eagle County Treasurer for collection. 1 k # r~ ,. I 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of #hfs ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the heal#h, safety, and welfare of the Town of Vaif and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. Ail bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewitl~ are repealed to the extend only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN l"U1.L ON f=1RST READING this 1$th day of February, 1992, and a public hearing shall be held an this Ordinance on the 3rd day of March, 1992, at 7:3p p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: ~ ~~~~.~~ Pamela A. Brandmeyer, Town Clerk (~ , .~ Margare A. Osterfoss, Mayor READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED by title only this 3rd day of March, 1992. ATTEST: Marth S. Raecker, Town Clerk c;lc~tos~,a ~~ ~ Mar ret A. Osterfoss, yor . ,~ f ~, ~ ~ ~ 0 4 '~ 4 4~, 0 x ~' N ,y. 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