DIVISION 2. SNOW AND ICE REMOVAL
Sec. 8-41. Duty of person whose property abuts sidewalks.
(a) The tenant, occupant or owner of any estate abutting on any street, highway or city way in the city and where there now is or hereafter may be, a sidewalk constructed of or covered with concrete, brick, cement, stone, wood or any other material than earth, ashes or gravel, shall within twelve (12) hours after ceasing to fall, form or drift thereon, of any snow, sleet or ice, remove or cause to be removed such snow, sleet or ice there from so far as it can be removed and if the same cannot be wholly removed, shall sprinkle, or cause to be sprinkled thereon sand, ashes, sawdust or other suitable substance so that such sidewalk shall not be slippery and shall be safe and convenient for public travel. The duty of enforcing the provisions of this and the following section shall devolve upon the police department.
(b) When the estate so abutting on a street shall be occupied by more than one tenant or by separate families or when the estate so abutting is not occupied by anyone, the owner or agent having charge of such premises shall cause the snow, ice or sleet to be removed or sand or other substance to be sprinkled thereon as above provided. (1945 By-laws, Art. IV, 31, 32, Approved 5-1-1945)
(c) Owners or agents having charge of property that abuts city sidewalks who fail to remove snow, sleet or ice or sprinkle sand or other substances as provided in Sec. 8-41(a) shall be subject to a fine of:
a. $50.00 for the first offense;
b. $50.00 for the second offense occurring within three months of the first offense; and
c. Upon the third offense occurring within three months of the first offense, the city’s Department of Public Works shall clear the sidewalk. The cost of $150.00/hour for labor and materials incurred by the city for said clearing shall be billed to the owners or agent having charge of the property by the city Assessors pursuant to the provisions of General Laws, Chapter 85, and Section 6. If said charges are not paid within 30 days of the issuance of the bill by the Assessors, said costs will be assessed and collected in accordance with the provisions of General Laws Chapter 80, pertaining to betterment assessments.
All fines are payable to the City of Easthampton and payable to the City Clerk within 30 days of the date of the citation, unless otherwise stated on the citation. Any owner or agent fined in accordance with the provisions of this section shall have a right of appeals to the City Council Public Safety Committee, said appeal to be taken no later than 60 days after the citation was issued. Appeals may be taken by written request to the City Council Public Safety Committee, addressed to the City Clerk, and sent via first class mail, postage prepaid. (Subsection c. added by vote of the City Council on Feb., 7, 2006; approved by the Mayor on Feb. 8, 2006)