City Of Carroll Gives Fair Warning Ahead Of Tuesday Storm On High Cost Of Ignoring Snow Ordinances

The region is in a winter weather advisory for Tuesday into Wednesday, with forecaster predicting snowfall starting around 9 a.m. tomorrow (Tuesday) morning with accumulations of three to five inches during the day and wind gusts up to 28 miles per hour. The precipitation is expected to turn to a wintry mix during the evening hours with a tenth of an inch or less of ice and another inch or so of new snow by Wednesday morning. This is the second real wintry blast of the month, and Carroll Chief of Police, Brad Burke, says they saw several issues with the last storm on Wednesday, Dec. 23.

The city is giving residents advanced warning about the upcoming winter storm.

The other things residents need to be aware of are city policies regarding snow removal and on-street parking during a snow event. Burke says parking is one of those issues they deal with during nearly every snowstorm.

Another hazard is that when temperatures remain very low, the snow can freeze into solid blocks that can cause accidents or damage vehicles. City ordinance 69.11 requires all vehicles be removed from the roadways while snow removal is in process. The vehicle owners can park on their lawns during a snow emergency. Anyone who does not remove their vehicle is subject to a minimal fine, but the bigger expense comes with the city’s right to tow.

There were five citations issued during the last storm, but many, many more owners were contacted before citations were issued. There were also more than 30 contacts made to businesses and residents on clearing of sidewalks. Burke says nine of those were turned over to a contractor in accordance with City Ordinance 136.03.

Schools are on holiday break right now, but Burke says they are seeing increased foot traffic as bus routes have been limited by COVID and the sidewalks become a hazard for kids and all others out on them. In addition to that, he estimates the policing of the ordinance, follow-ups and issuing of citations takes about 40 hours or more in man hours of city staff and officers. Copies of both ordinances can be found below
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• 69.11  SNOW REMOVAL: All motor vehicles and vehicles of any other kind shall be removed from the streets (other than in the commercial districts) during any time when snow removal operations are in progress and before such operations have resulted in the removal or clearance of snow from the City streets.  Any peace officer, either alone or in conjunction with a member of the Department of Public Works, may direct all motor vehicles of any kind to be removed from City streets.  This procedure shall take place any time when snow removal operations are in progress and before such operations have resulted in the removal or clearance of snow from such street.  The vehicles shall be removed and not left standing or parked on the streets, as provided above, in order to facilitate snow removal.  Snow removal shall include the action of any and all snow equipment necessary to remove snow from the City street to provide access and proper use of said streets.  Vehicles left standing or parked in violation of this chapter may be impounded pursuant to the provisions of Section 70.06with the cost of towing and storage being assessed to the owners.  Vehicles left standing or parked in violation of this section shall be fined in accordance with the provisions of Section 70.03.
  • 70.03 PARKING VIOLATIONS:  ALTERNATE: Uncontested violations of parking restrictions imposed by this Code of Ordinances shall be charged upon a simple notice of a fine payable at the office of the City Clerk.  The simple notice of a fine shall be in the amount of ten dollars ($10.00) for all violations except improper use of a persons with disabilities parking permit.  If such fine is not paid within thirty (30) days, it shall be increased by five dollars ($5.00).  The simple notice of a fine for improper use of a persons with disabilities parking permit shall be one hundred dollars ($100.00).

• 136.03  REMOVAL OF SNOW AND/OR ICE ACCUMULATIONS:
  • It is the responsibility of the owner to remove snow, ice and accumulations promptly from sidewalks and the owner shall be liable for injuries and damages caused by the failure to use reasonable care in the removal of snow, ice and accumulations.  If the owner does not remove snow, ice and accumulations within a reasonable time and after receiving notice by the City, the City may do so and assess the costs against the owner for collection in the same manner as property tax.  If the City is required to remove snow, ice and accumulations after notice, this action shall not release or relieve the owner of liability imposed above.  The owner shall further defend, indemnify, and hold harmless the City of Carroll, from and against any claim, arising out of the failure to remove snow, ice and accumulations. (Code of Iowa, Sec. 364.12[2b & e])
    • Enforcement of Section.  The City Manager shall appoint the director of public works, building official, and/or the police chief or their designated representative, who shall enforce the provisions of this section.
    • Definitions.  Unless otherwise expressly stated, the following terms shall have the meaning given in this subsection:
      • ACCUMULATIONS: Snow and/or ice deposits.
      • PERSON: Includes an individual or group or association of individuals; a firm or any member thereof; a corporation, or any executive officer, manager, person in charge or employee thereof; and the use of a pronoun specifying one gender shall include both genders.
      • PROPERTY OWNER: The record titleholder or the contract purchaser of record, if any.
      • SNOW SEASON: The period beginning October 1 and ending May 1.
    • Obligation of Property Owner.
      • The owner of any property abutting a public sidewalk with the exception of bike paths and combination bike paths/pedestrian walkways maintained by the city, shall remove snow, ice and accumulations from sidewalks within a reasonable time but in no case more than twenty four (24) hours following the cessation of the weather or other event by which they were deposited, provided, however, that in extraordinary weather circumstances the director of public works, building official or police chief or their designated representative may extend the period of time provided herein. In those situations, the director of public works, building official or police chief or their designated representative will deliver to news media a statement indicating the amount of additional time property owners shall have to remove accumulations from sidewalks.
      • If accumulations are not removed as required above, including any extraordinary weather circumstances, or required treatment pursuant to subsection 5 is not completed and maintained, the building official or chief of police or their designated representative may give to the property owner a notice entitled “Official Notice – Failure to Remove Snow or Ice Accumulation on Sidewalk and/or Failure to Treat Snow and/or Ice Accumulation on Sidewalk” setting forth the location/address of the violation and to whom the notice is directed with the explanation of the violations. This notice shall be personally served upon the owner of the residence. If personal service is not possible, written notice of such violation shall be affixed to the front door of the premises. If the owner is leasing or renting the premise, the tenant shall be personally served or notice affixed to the front door and the owner shall also be personally served with the notice. The owner of the property in violation shall have twenty-four (24) hours from the time of service or posting of this notice in which to take corrective action and bring the sidewalk into compliance with this code. The existence of extraordinary weather conditions as determined by the director of public works, building official or police chief, pursuant to this subsection, shall extend the twenty-four (24) hours until such extraordinary weather conditions have dissipated. Upon notification by the public works director, building official or police chief of the end of extraordinary weather conditions the twenty-four (24) hours will start. If after notice, the accumulations are not timely removed or the required treatment pursuant to subsection 5 is not completed and maintained, the police chief or their designated representative is authorized to issue a civil citation pursuant to section 364.22 of the code of Iowa.
      • A second subsequent violation of this section shall not be considered a repeat offense pursuant to section 364.22, Code of Iowa, for the purposes of increasing the civil penalty provided in said code section, unless the prior or preceding offenses have occurred within the current snow season.
    • Treatment of Unremovable Snow and/or Ice. When accumulations have formed upon any sidewalk so that it cannot be reasonably removed, the abutting property owner shall within the period set forth in subsection 4 of this section keep and maintain such accumulations sprinkled with fine cinders, sand or de-icing chemicals in such manner as to provide traction and prevent the sidewalk from being dangerous to persons using the same. Nothing in this subsection shall be construed to be a substitute for the removal of accumulations, as required in subsection 4 of this section. This subsection shall only apply when accumulations cannot be reasonably removed, however, all accumulations shall be removed as soon as practical.
    • Unlawful Deposit of Snow and/or Ice. No person shall remove, or cause to be removed, accumulations from private premises and deposit the same or cause the same to be deposited upon any public street, avenue, alley, public square or traveled area within the city. The chief of police or their designated representative is authorized to issue a civil citation pursuant to section 364.22 of the code of Iowa to anyone violating this subsection indicating said person is in violation of this subsection and is subject to the penalties provided for in section 364.22, the code of Iowa.
    • Removal By The City of Carroll. Whenever accumulations have remained on any sidewalk in violation of subsection 4 and/or whenever unremovable accumulations have formed on any sidewalk in violation of subsection 5, and the time for the property owner to take action after service of the notice has expired, the city may cause such accumulations to be removed and/or treatment of unremovable accumulations either by use of city personnel and equipment or by contracting for the work to be undertaken.
    • Right to Assess. When the city removes or causes to be removed accumulations and/or treats accumulations, the city may assess the actual cost plus any administrative costs of removing such accumulations from the abutting property owners’ sidewalks and/or treatment of unremovable accumulations, in addition to taking any other action provided for in this section.
    • Assessment of Costs. The actual cost of removal and/or treatment of accumulations, including an administrative cost of seventy-five dollars ($75) per occurrence, shall be paid by the owner of the property abutting thereon.  The property owner shall be sent an itemized bill by the city for said costs to permit voluntary payment thereof by the property owner. The bill shall be sent within thirty (30) days of the city’s action as set forth in subsection 8 of this section. Failure to pay said bill within thirty (30) days after mailing of bill will cause the action to appear on a schedule of assessments to be forwarded to the City Clerk.
    • Schedule of Assessments. Whenever any accumulations have been removed from any sidewalks or treatment of the sidewalks for unremovable accumulations by the city as provided in this section, and the right to assess provided for in subsection 9 is invoked, the city shall cause to be prepared a schedule giving the name of the owner, so far as known, a description of the property, the date when the work was done, and the amount charged to each lot, and for what work and materials the charge was made. As soon thereafter as practicable the schedule shall be filed with the City Clerk.
    • Certification For Collection. Upon receipt of the schedule of assessments and certification by the City Clerk, the City Clerk shall file said assessments with the County Treasurer for collection in the manner provided by law.