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Along the north side of Highland Avenue there are 19 properties. Six have cleared their <br />sidewalks while the other 13 have not. <br />Abatement Procedure <br />Because snow removal has been deemed a nuisance and staff has been directed to abate <br />nuisances, the city follows the nuisance abatement procedure as required by ordinance. The <br />nuisance abatement procedure includes: <br />Sending a certified letter outlining the violation and the amount of time they have to <br />complete the work on their own (ordinance allows 14 days). <br />o The letter includes a copy of the City Code which details the abatement and <br />appeals process. <br />o The letter includes a statement that the work will be done and costs incurxed <br />will be assessed by the city to the property owner if the property owner <br />doesn't complete the work by the required date. <br />Council may recall that the city recently accepted the bid from Greenscape Companies for <br />sidewalk plowing abatement. Their costs are a flat $70 for a lot with 0 - 100 feet of sidewalk <br />and $200 for a lot with 101 - 200 feet of sidewalk. We found with prior contracts there was <br />little control over the amount of time a contractor would spend on a given lot and since the <br />fee was based on the amount of time there was a large discrepancy in the amount charged. <br />To address this we went with a flat rate. <br />Discussions with Property Owners <br />In response to the concerns of the property owner, staff met with the individual who <br />contacted the Mayor. During our conversation three areas of concern were discussed <br />1. The property owner objected to the receipt of a certified letter as first notice. <br />2. Snow storage: Some lots may have little space to store snow between the curb and <br />sidewalk from the street. <br />3. If the property owners had known about the requirement, they may have been able <br />to keep ahead of the snow. <br />It is staff s opinion that changing the nuisance ordinance will not satisfy the primary <br />concerns. However, the city could and should take a more aggressive approach in educating <br />the public and working on our process to find ways to better affect compliance. <br />Options <br />Understanding that there may be some desire to alter the code enforcement practice in <br />response to comments received, staff has identified options: <br />1. Amend the nuisance ordinance to state that if the city removes snow from one side <br />of the street, the property owners on the other side do not need to remove snow <br />from their sidewalk. <br />2. Amend the ordinance to remove uncleared sidewalks as a defined nuisance. Staff <br />does not recommend this option as mobility is as important in the winter as it is in <br />the summer. <br />C:AUsersMallard\Desktop\Sidewalk Ord Mem.doc <br />