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The original item was published from 1/29/2016 2:19:00 PM to 1/29/2016 2:20:28 PM.

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Posted on: January 29, 2016

[ARCHIVED] Notice Regarding Sidewalk Clearing Enforcement

In anticipation of the public schools reopening early next week, the Town of Berryville will begin enforcing sidewalk clearing requirements on Sunday, January 31.

We realize this was a significant storm causing difficulty in clearing sidewalks, and therefore additional clean-up time above and beyond Town of Berryville Code regulation has been allotted (See Town Code Section 15-16 below.)

• Sec. 15-16. - Duty of property owners or occupants to remove snow and ice from sidewalks.
(a)
The owner of any building or lot of land abutting on any curbed or paved sidewalk within the corporate limits of the town, or any tenant or other person to whom the owner has delegated responsibility therefor, shall remove the snow, sleet, and ice from such sidewalk within twelve (12) hours after the snow, sleet, or other precipitation has ceased to fall when the total accumulation is six (6) inches or less and within twenty-four (24) hours after the snow, sleet, or other precipitation has ceased to fall when the total accumulation is greater than six (6) inches. In cases of ice that cannot be removed without injury to the pavement of the sidewalk, the sidewalk shall be covered within twelve (12) hours after the precipitation has ceased to fall with a material which will render the sidewalk safe for travel.

(b)
Upon failure to comply with the provisions of subsection (a), the chief of police or his designee shall immediately notify the owner, tenant, or other person to whom the owner has delegated responsibility for the property in question. Such notification shall be served either in person or by posting on the subject property by a member of the police department.
(c)
If the provisions of subsection (a) are not complied with within eight (8) hours from the time of service or posting of the notice as provided in subsection (b), the town may cause the conditions to be complied with by utilizing Town of Berryville personnel or by hiring a contractor to remove the snow, sleet, and ice from the sidewalk. The cost thereof, including an established administrative fee, shall be charged to and collected from the owner of the property in any manner provided by law for the collection of state and local taxes. Every charge authorized by this section in excess of two hundred dollars ($200.00) which has been assessed against the owner of any such property and which remains unpaid shall constitute a lien against such property. Such liens shall have the same priority as other unpaid local taxes and shall be enforceable in the same manner as provided in Code of Virginia §§ 58.1-3940 et seq. and 58.1-3965 et seq. The town may waive such liens in order to facilitate the sale of the property. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed.
(Code 1971, § 15-5; Ord. of 12-10-96; Ord. of 2-15-15)
Editor's note— An ordinance adopted Feb. 15, 2015, changed the title of § 15-16 from "Removal of snow and ice from sidewalks" to read as herein set out.
State Law reference— Authority for above section, Code of Virginia, § 15.2-1115.
• Sec. 15-17. - Snow or ice not to be deposited on streets or sidewalks.
(a)
It shall be unlawful for the owner, occupant or any person having the care of any building or lot of land abutting on any street within the town, or any other person acting as an agent of the owner or occupant of any such building or lot, to shovel, plow or deposit any snow, ice or sleet on any paved sidewalk or in the traffic lanes or travelway of any street, as such traffic lanes or travelways have been cleared of snow, ice or sleet by agents of the town, within the corporate limits of the town.
(b)
Any person convicted of a violation of this section shall be fined not more than twenty-five dollars ($25.00) for each offense.
(Code 1971, § 15-6; Ord. of 12-10-96)

If you have any questions, please call the Town Police Department at 540-955-3863.
Thank you for your cooperation and assistance during this historic storm and the clean-up it has required.

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