Council reviews proposed town code clarifying property-owner snow-removal responsibilities and penalties

Town attorney Jessica Nixon explained proposed revisions to town code section 12.12 to clarify responsibilities for sidewalk snow and ice removal. The draft requires property owners (those adjacent to sidewalks) to clear a minimum 4‑foot pedestrian path: 12 hours in the commercial core and 24 hours outside that core after snow stops falling, with the manager able to extend time during emergencies. If conditions create an immediate hazard or owners fail to act, the town may clear the snow and seek reimbursement from the owner; unpaid fees could lead to a lien.

Nixon cited state authority for municipal sidewalk requirements (NMSA 19‑78‑3‑49‑1) and said the ordinance includes notice and due‑process steps before town removal. Council members raised recurring operational problems: state highway plowing that continuously redeposits snow onto cleared sidewalks downtown, the potential for frozen-packed ice if plowing pushes snow back, and the liability risk if sidewalks remain hazardous (including ADA exposure). The council asked staff to pursue further coordination with NMDOT and to explore language that would exempt property owners who have attempted compliance but whose sidewalks were re-covered by highway plows.

Council also suggested examining incentives or market solutions for sidewalk clearing (e.g., small-business contracts for snow removal) and highlighted potential funding or ICIP inclusion for infrastructure to improve pedestrian safety. Attorney Nixon said staff will revise language to address redepositing and liability concerns and return with an updated draft for council consideration.