Snow Parking Ordinances

Snow Parking Ordinances

ORDINANCE NO. 1175

 An Ordinance Amending Oelwein Municipal Code Sections 22-126 Snow Emergency Parking Ban; Section 14-93 Clearing Snow, Ice and Accumulations; and Section 23-28 Depositing Snow on City Streets and Sidewalks

BE IT ORDAINED by the City Council of the City of Oelwein, Iowa, as follows:

 Section 1.             That the General Ordinances of the City of Oelwein adopted July 1, 2012 be amended by deleting Section 22-126 in its entirety and replacing it as follows:

 SECTION 22-126.  SNOW EMERGENCY PARKING BAN.

  1. No person shall park, abandon or leave unattended any vehicle on any public street, or City-owned off-street parking areas (excluding the downtown North Parking Lot) during snow removal operations for 24 hours; or the snow has been removed or plowed from said street or parking area and the snow has ceased to fall.  The parking ban is in effect when three inches or more of snow or ice is predicted by the National Weather Service or has fallen.  Failure to remove vehicles from the public street or City-owned off-street parking will result in a municipal infraction with towing and storage fees.
  1. During a snow emergency parking ban, parking shall be allowed on paved portions of driveways within the right of way, and areas of yard appropriate for a vehicle provided they do not impede with snow removal efforts or block any sidewalk.
  1. Provisions to control.  The provisions of this section shall, during the existence of a snow removal emergency, supersede all other parking regulations in force and effect.

Section 2.             That the General Ordinances of the City of Oelwein adopted July 1, 2012 be amended by deleting Section 14-93 in its entirety and replacing it as follows:

SECTION 14-93. CLEARING SNOW, ICE AND ACCUMULATIONS.

  1. It shall be the duty of a property owner to keep sidewalks abutting its property clear of accumulations of snow or ice. If the owner fails to do so within twenty-four hours after such snow or ice is accumulated, the City shall notify the property owner or resident that the natural accumulations of snow or ice must be removed within twenty-four hours. If the accumulation of snow and ice is not removed within said twenty-four hours, then the City may have the accumulations of snow and ice removed without further notice. The notice required by this subparagraph shall be attempted by personal contact, if practical. Alternatively, 227 notice will be deemed completed by posting written notice on the premises. (Ord. No. 867, 5-11- 92.)
  1. If the City removed the accumulation of snow and ice, the code enforcement officer shall give the Council an itemized and verified statement of the costs and a legal description of the property. The costs for the removal of snow and ice accumulations shall be billable at a rate established by resolution of the City Council. The City Clerk shall send a statement of costs for the removal of snow and ice to the owner of the abutting property. The itemized statement of cost required by this subparagraph may be given either by personal service or by mail to the last known address of the owner. The notice shall contain a statement of the work performed, the cost of the work that is being assessed, a description of the property affected and the fact that the person may pay the amount assessed within thirty days without interest or penalty, or may request a hearing in writing to object to such assessment within thirty days. (Ord. No. 936, Section 1, 03-10-1997; Ord. No. 1120, 6-26-2012.)

            A request for hearing provided by this sub-paragraph shall be made in writing and shall be filed with the City Clerk at City Hall within thirty days and must specify the basis for objection to the assessment. If a property owner requests a hearing, the City Council shall within fifteen days after receiving the written request for hearing fix the time and place for hearing, which shall be within ninety days of the date of the filing of the request for hearing.

Section 3.             That the General Ordinances of the City of Oelwein adopted July 1, 2012 be amended by deleting Section 23-28 in its entirety and replacing it as follows:

SECTION 23-28.  DEPOSITING SNOW ON CITY STREETS AND SIDEWALKS

1)    It is unlawful for any person to throw, push, or place or cause to be thrown, pushed or placed any ice or snow from private property, sidewalks, driveways, parking lots or alleys onto the traveled way of a street or alley so as to obstruct vision, gutters, impeded the passage of vehicles upon the street or alley or to create a hazardous condition therein. Any such placement requiring removal of snow or ice accumulations by the City shall subject the owner or tenet, to a municipal infraction and they may also be accessed cleanup expenses.

2)    Any business, whether retail or wholesale, abutting on or located within downtown district described below may place ice and snow from sidewalks along the curb of the abutting street for removal by the city during a snow event and or in coordination with city pickup or prior to snow removal operations.  Snow and ice from private property, parking lots, driveways and alleys will not be permitted to be placed onto a city street, parking lot or alley. Any such placement requiring removal of snow or ice accumulations by the City shall subject the owner or tenet, to a municipal infraction and they may also be accessed cleanup expenses.

Section 4.             That all Ordinances or parts thereof in conflict herewith be and the same are hereby repealed.  This Ordinance shall become effective upon its passage.