City Officials Remind Residents of Snow Removal Ordinance

With the first major snow event of the season just past, officials with the City of Milbank are reminding residents that businesses and individuals are required to remove the snow from sidewalks within 72 hours of the snowfall. Additionally, it is illegal for residents to deposit snow in the streets after the city plows have cleared them. 

“The timeliness of the snow removal is important because when sidewalks are not cleaned of snow, then pedestrians start walking in the streets, making a very unsafe condition,” commented John Forman, city administrator. “It is also a hazard to push or blow your snow into the street or across the street and deposit it on the boulevard of a neighbor or on city-owned property. This hinders snow removal efforts by the city and, at times, can cause sight distance issues for motorists.”

If snow is not removed from the sidewalks, the city crews may remove it and bill the owner of the property for the expense, and can ultimately be assessed on the property tax. A fine may also be applied. 

“It is important to note that the biggest complaints received are about others depositing snow on someone else’s property – whether it’s public property or someone else’s private property,” Forman said. “In a year like last year, it can be difficult to ultimately find places to adequately put snow without having to hire someone to haul it away. We hope this year will not be more of the same as last year.”

Those with questions about the snow removal ordinance can contact either the City of Milbank office or the Milbank Police Department. 

 

Chapter 12.44

 

REMOVAL OF ICE AND SNOW FROM SIDEWALKS

 

Sections: 

 

12.44.010 Required.

12.44.020 Person defined.

12.44.030 Sand, salt used when.

12.44.040 Depositing snow or ice on public place.

12.44.050 Enforcement.

12.44.060 City removesAssessment.

 

12.44.010 Required. It shall be the duty of lessee or occupant of first or ground floor, or person having charge, or, if there be no lessee, occupant or person having charge, then the owner of each and every parcel of real estate in the city, abutting or bordering upon any street, avenue, highway or other public place, to remove or cause to be removed all snow and ice from the sidewalk in front of or adjacent to such premises to the full width of such sidewalk, within 72 hours after such snow or ice shall have fallen or accumulated thereon. (Ord. 205, Sec. 1, 1941; Ord. 824, 2019). 

 

12.44.020 Person defined. "Person" means and includes one or more persons of either sex, natural persons, corporations, partnerships, associations, joint stock companies, societies or all other entities of any kind capable of being sued. (Ord. 205, Sec. 7, 1941). 

 

12.44.030 Sand, salt used when. In case the snow and ice on the sidewalk is frozen so hard that it cannot be removed without injury to the pavement, the lessee, occupant, person having charge or owner of every parcel of real estate shall, within the time specified in Section 12.44.010, cause the sidewalk abutting or adjacent to such premises to be strewn and to be kept strewn with sand, salt, sawdust or some other suitable material and shall as soon thereafter as the weather shall permit thoroughly clean such sidewalk. (Ord. 205, Sec. 2, 1941; Ord. 824, 2019). 

 

12.44.040 Depositing snow or ice on a public place. It is unlawful for any person to throw or put, or cause to be thrown or put, any snow or ice into any street, avenue or other public place in the city once the street, avenue or other public place has been cleared of snow or ice by city maintenance crews. (Ord. 205, Sec. 3, 1941; Ord. 737, 2007). 

 

12.44.050 Enforcement. It shall be the duty of each police officer in case he finds that the snow and ice have not been removed from the sidewalks or in case of the neglect of the person charged with such duty by this chapter to spread sand or other substance upon ice or snow when the same cannot be removed within the time required by Section 12.44.010, immediately to notify the street commissioner thereof. (Ord. 205, Sec. 4, 1941). 

 

12.44.060 City removesAssessment. Whenever any owner, lessee, occupant or person having charge of any parcel of real estate fails or neglects to remove snow and ice from any sidewalk, as provided in this chapter, the street commissioner without notice shall have the ice and snow removed there from. A bill for the expense incurred  thereby shall be presented by the city finance officer to the owner by mailing the same  to his last known address, or, if the name of such owner  or his place of residence cannot be determined or  ascertained after due diligence, by posting the same in a  conspicuous place on his premises, and if he fails to pay  the same within ten days thereafter, the city finance  officer shall file each year immediately preceding the  time for making the annual assessment roll his certificate  of the actual cost of such work, together with a statement  as to the property in front of or on which the cleaning  was done, with the assessor of the city who shall, in the  preparation of the assessment roll of the general city  taxes, assess such amount upon the property, and the same  manner, by the same proceedings, at the same time, under  the same penalties, and having the same lien upon the  property assessed as the general city tax and as a part  thereof. The imposition and collection of any fine or penalty prescribed by this chapter shall not be a bar to the right of the city to collect the cost of removing and cleaning of snow and ice from the sidewalks as herein provided. (Ord. 205, Sec. 5, 1941; Ord. 824, 2019).