Section 16-127. Earth, rocks and rubbish  


Latest version.
  • a. In all cases where the sidewalk
      or roadway of a street shall be incumbered or obstructed by  the  caving
      in  or falling off of any earth, rocks or rubbish, or anything whatever,
      from any lot adjoining such sidewalk or roadway, the owner  or  occupant
      of  such  lot,  or the agent of such owner or occupant, shall cause such
      earth, rocks, rubbish or other thing to be removed and cleaned from such
      sidewalk or roadway, within three days after a written or printed notice
      shall have  been  served  by  the  commissioner  or  a  duly  designated
      representative,  on  such  owner, personally, or shall have been left at
      the place of residence of such owner in this city;  or,  if  such  owner
      does  not  reside  in  the city, and such notice shall not be personally
      served, then within twenty days after such notice to be  sent  by  mail,
      addressed  to such owner at his or her place of residence, or, when such
      residence is unknown to such commissioner, within twenty days after such
      notice shall have been posted in a conspicuous place on such premises.
        b. If the owner, occupant or agent fails to comply with  such  notice,
      within  the  time  specified  in this section, after notice thereof, the
      commissioner shall cause the same to be removed at the  expense  of  the
      owner,  occupant  or  agent,  and  such  expense  shall  be sued for and
      recovered in the name of the city.
        c. The corporation counsel shall cause a statement of  such  cost  and
      expense,  together  with the description of the premises, to be filed in
      the office of the register or county clerk of the appropriate county.
        d. Any person convicted of a violation of any  of  the  provisions  of
      this  section shall be punished by a fine of not less than fifty dollars
      nor more than two hundred fifty dollars, imprisonment for not more  than
      ten days, or both.
        e. Any person violating the provisions of this section shall be liable
      and responsible for a civil penalty of not less than twenty-five dollars
      nor more than one hundred dollars.
        f. In the instance where the notice of violation, appearance ticket or
      summons  is  issued  for  a breach of the provisions of this section and
      sets  forth  thereon  civil  penalties  only,  such  process  shall   be
      returnable  to  the  environmental  control  board, which shall have the
      power to impose the civil penalties hereinabove provided in  subdivision
      e of this section.
        g.  In  the  event  that  a  violator  fails  to answer such notice of
      violation,  appearance  ticket  or  summons  within  the  time  provided
      therefor  by  the  rules  and  regulations  of the environmental control
      board, such violator shall become liable for additional  penalties.  The
      additional penalties shall not exceed fifty dollars for each violation.