[Adopted 11-21-78 as Ord. No. 749]
A.
DEBRIS
MULTIPLE DWELLING
PERSON
As used in this Part 2, the following terms shall
have the meanings indicated:
Grass, weeds, brush, garbage, trash, cartons, papers, containers
and refuse.
Any building structure which contains three or more units
of dwelling space occupied or designed to be occupied by three or
more persons who live independently of each other.
Any individual, owner, tenant, corporation or other business
entity and the employees or agents thereof.
B.
All other words shall be defined herein in accordance
with N.J.S.A. 39:1-1 and thereafter by their plain meaning as understood
in common parlance.
A.
No person shall deposit or cause to be deposited any
snow, ice or debris upon any public sidewalk, street or publicly owned
parking facility in any manner that may obstruct or impede vehicular
or pedestrian traffic.
B.
No person shall deposit or cause to be deposited any
snow or ice or debris which has accumulated within the boundaries
of private property upon any public sidewalk, street or publicly owned
parking facility.
C.
No person, including the owner or tenant of any premises abutting
on any street, shall throw, place or deposit any snow or ice into
or upon any street nor within one foot on all sides of any fire hydrant
in the Borough of Maywood. It is the intent and purpose of this section
to prohibit all persons from throwing, casting, placing or depositing
snow and ice upon the sidewalks or streets of the Borough or within
one foot on all sides of any fire hydrant.
[Added 3-11-2014 by Ord. No. 6-14]
[Amended 12-13-1994 by Ord. No. 20-1994]
The owner or tenant in possession of any lands
abutting or bordering upon the sidewalks and gutters of any public
streets of the Borough shall remove or cause to be removed from such
abutting sidewalks and gutters all debris or other impediments therefrom
within three days after notice to remove the same is given by or caused
to be given by the Borough Building Subcode Official or the Borough
Public Works Manager, which notice may be served upon the owner or
tenant by personal service or by registered or certified mail addressed
to his last known address.
[Amended 12-13-1994 by Ord. No. 20-1994]
A.
Every person, owner, tenant or occupant of improved
or unimproved premises or property abutting upon any public street
shall remove or cause to have removed all snow and ice from such abutting
sidewalks and any and all depressed curbs that may intersect two streets
at a corner property; and any fire hydrant which abuts the property,
so as to allow free passage of pedestrians and access to any fire
hydrant within 12 hours of daylight after the same shall fall or be
formed thereon. In the event that snow or ice has fallen or been formed
upon any property as hereinabove set forth and is so frozen or impacted
as to make removal impractical in the judgment of the Building Subcode
Inspector, Public Works Manager, members of the Fire Prevention Bureau
or member of the regular Maywood Police Department, then the owner,
tenant or occupant thereof, as required, shall forthwith cause said
snow or ice to be thoroughly covered with clean sand, ashes, sawdust
or rock salt within 12 hours of daylight after the accumulation or
formation of such snow or ice.
[Amended 3-11-2014 by Ord. No. 6-14]
B.
In determining whether or not removal of snow or ice
is impractical, the judgment of public officials charged with the
determination of such impracticality shall be guided by a standard
of reason, and they shall base their determination upon the circumstances
of the person whose property abuts the public street and the ability
of the person to remove the snow or ice with available tools or equipment.
Borough officials shall also take into account the nature of any commercial
enterprise to obtain special equipment required to remove such accumulated
snow and ice. In no event, unless the accumulation of snow and ice
has been caused by the deliberate act of the owner or tenant, shall
any individual, noncommercial owner or residential tenant be required
to obtain special equipment to effect the removal of snow and ice.
In such cases, the removal of snow and ice shall be deemed impractical.
Snow shovels and ice picks are not deemed to be extraordinary or special
equipment as used herein.
A.
Every owner of real property on which there has been
constructed a multiple dwelling shall cause the removal of all snow
and ice from any streets, lanes, alleys, driveways, roadways, parking
areas, sidewalks, walkways, steps and stairs located on such property
which is open to the public, to which the public is invited or which
is designated for common use by the occupants or tenants within 12
hours of daylight after the same shall fall or be formed thereon.
In the event that snow or ice may be frozen or impacted as to make
removal impractical in the judgment of the Subcode Official, Borough
Public Works Manager or member of the regular Maywood Police Department,
the owner shall forthwith cause said snow and ice to be covered with
clean sand, ashes, sawdust or rock salt, thoroughly covering all sidewalks,
walkways, steps and stairs located on said property as hereinabove
set forth, within six hours of daylight after the accumulation of
such snow or ice.
[Amended 12-13-1994 by Ord. No. 20-94]
A.
Every owner or tenant of real property, improved or
unimproved, used or zoned for commercial, business, religious, professional
or office use shall remove all snow and ice from all private streets,
lanes, alleys, driveways, roadways, parking areas, sidewalks, walkways,
steps and stairs located on said property or to which the public is
invited within 12 hours of daylight after such snow or ice shall fall
or be formed thereon.
B.
In the event that fire hydrants and/or Fire Department
sprinkler system hose connections are located on the property hereinabove
described and they shall become snow- or ice-covered, or inaccessible
due to snow or ice, such snow or ice shall be removed from the area
of said hydrant or hose connection to allow clear accessibility for
a radius of three feet of the fixture within four hours of daylight
after snow or ice shall fall or be formed upon the same.
C.
In the event that ice or snow shall be so frozen or
impacted on the property areas set forth hereinabove, except those
areas involving fire hydrant or sprinkler system hose connections,
so as to make removal impractical in the judgment of the Building
Subcode Official. Borough Public Works Manager or member of the regular
Maywood Police Department, the owner shall forthwith cause said snow
and ice to be covered with clean sand, ashes, sawdust or rock salt
within six hours of daylight after accumulation of such snow or ice.
[Amended 12-13-1994 by Ord. No. 20-94]
Each and every twenty-four-hour period in which
a violation exists shall constitute a separate offense. Such offenses
shall be measured by the twenty-four-hour standard and shall not be
limited to calendar days. This provision does not require that a full
twenty-four-hour period lapse before a violation is determined, but
only provides that a new twenty-four-hour period must commence before
the continuing violation constitutes a separate offense.
For the purpose of this Part 2, the Borough
shall not be bound by any contract or agreement between private parties
to which the Borough is not a party, which agreement or contract places
responsibility for snow, ice or debris removal upon any of the parties
thereto. In all events, the duties, responsibilities and liabilities
imposed by this Part 2 shall be placed upon any person in control
of the premises, and in the event of monetary fine or other pecuniary
loss levied or imposed by the Borough hereunder, it shall not be the
duty of the Borough to interpret or adhere to the provisions of contracts
or agreements between private parties, and the responsibilities fixed
in this Part 2 shall control. Persons sustaining a fine or other pecuniary
loss due to the Borough's action hereunder who shall be of the position
that responsibility did not lie with them due to private agreement
or contract shall seek compensation by other lawful remedies against
the party or parties to the private contract.
[Amended 12-29-1987 by Ord. No. 15-87]
Any person convicted of violating any of the
provisions of this Part 2 shall be fined a sum not to exceed $1,000
or imprisoned in the county jail for a period not to exceed 90 days,
or both. Imprisonment shall not be imposed as a penalty hereunder
for a first offense.
A.
In the event of a violation of the provisions of this
Part 2 with respect to snow, ice and debris removal, the Borough may
undertake the removal of such snow, ice and debris from the property
areas hereinbefore set forth, and the cost of such removal shall be
certified to the Borough Council by the Public Works Manager. Thereafter,
the Borough Council shall examine such certificate and, if found to
be correct, shall cause the cost of such removal to be billed to the
owner of the property or premises involved. The owner shall thereafter
have 30 days in which to pay such bill or costs. If the owner shall
fail to pay the amount due within the thirty-day period, the cost
shall be charged against such property or premises and be added to
and be a part of the taxes next levied and assessed thereon and enforced
and collected with interest by the Borough officers charged with and
in the same manner as the assessment and levying of other taxes.
[Amended 12-13-1994 by Ord. No. 20-94]
[Amended 12-13-1994 by Ord. No. 20-94; 3-11-2014 by Ord. No.
6-14]
The Building Subcode Official, the Borough Public
Works Manager, members of the Fire Prevention Bureau and members of
the regular Maywood Police Department are deemed and designated as
the principal enforcement officials responsible for the enforcement
of this Part 2.
