Amendment to
Ordinance 83,
Section 10
AN ORDINANCE CONTROLLING AND IMPOSING LIABILITY FOR THE
CONSTRUCTION, MAINTENANCE, AND REPAIR OF
SIDEWALKS
SECTION 10
AMENDMENT:
A: Sidewalks Free from Dirt, Refuse, Debris, or Plant Overgrowth:
The owner or owners of real property abutting on any public street, alley, or roadway where there is a sidewalk shall keep the sidewalk adjacent thereto in a clean, safe, and sanitary condition, free from dirt, refuse, debris, or plant overgrowth. In the event the owner or owners of any real property shall fail to keep the said walk adjacent to such real property in a clean, safe, and sanitary condition, free from dirt, refuse, debris, or plant overgrowth, the Mayor is hereby empowered and authorized to give written notice to such real property owner to clean said sidewalk of dirt, refuse, debris, or plant overgrowth and to put said sidewalk in a clean, safe and sanitary condition, such notice to be mailed to the property owner or owners address or written notice posted on the residence of the property if applicable. Upon the failure or neglect of said real property owner or owners to correct said conditions and place said sidewalk in a clean, safe, and sanitary condition, free from dirt, refuse, debris, or plant overgrowth within twenty-four hours after such notice has been given, the Mayor may cause the same to be done, and the cost thereof shall be assessed against such real property owner and owners, and after thirty days of non-payment of said costs, the Mayor shall secure a lien against said real property.
B: Sidewalks Free from Snow and Ice
The owner or owners of real property abutting on any public street, alley, or roadway where there is a sidewalk shall keep the sidewalk adjacent thereto in a clean, safe, and sanitary condition, free from snow and ice. It shall be unlawful for the owner or owners of real property abutting on any public street, alley, or roadway where there is a sidewalk adjacent thereto to permit snow of six (6) inches or less to remain along the front or side of such premises longer than twenty-four (24) hours, and permit snow of six (6) inches or more to remain along the front or side of such premises longer than thirty-six (36) hours after the snow has ceased to fall.
The same requirements shall exist with respect to ice or sleet on sidewalks; except, that when the ice or sleet cannot be removed without injury to the sidewalk, it shall be covered within the period of time specified, with appropriate material that will render the sidewalk safe for travel.
If the owner or owners of the real property fails or refuses to clean or remove the snow or ice in accordance with this section, the Mayor is hereby empowered and authorized to give written notice to such real property owner or owners to clean said sidewalk of the snow and ice with such notice to be mailed to the property owner or owners of said real property or written notice posted on the residence of the property if applicable. Upon the failure or neglect of said real property owner or owners to correct said conditions and place said sidewalk in a safe condition, within twenty-four hours after such notice has been given, the Mayor may cause the same to be done, and the cost thereof shall be assessed against such real property owner(s), and after thirty days of non-payment of said costs, the Mayor shall secure a lien against said real property.
The provisions of this Ordinance are severable, and if any clause, provision or section hereof shall be held void or unenforceable by West Virginia or any court of competent jurisdiction, such holding shall not affect the remainder of this Ordinance. Upon the effective date hereof, all ordinances, resolutions, orders or parts thereof in conflict with the provisions of this Ordinance are, to the extent of such conflicts, hereby repealed, and to the extent that the provisions of this Ordinance do not touch upon the provisions of prior ordinances, resolutions, orders or parts thereof, the same shall remain in full force and effect.
The above ordinance amendment will come before the Town Council of the Municipality of Franklin on April 8, 2025 at 6:00pm at the Town Hall for a final vote. Copies of the amendment can be requested at the Town Office Monday-Friday 8:00am-4:30pm. Interested parties may appear at the meeting and be heard with respect to the proposed ordinance amendment.
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