[Ord. 208, 7/8/1985; as amended by Ord. No. 357, 4/12/2022]
1.
The owner, occupant or tenant of each piece or parcel or lot of ground
situate in the Borough of Middleburg, adjacent to any side of which
is a sidewalk, shall remove from all such sidewalk any snow or ice
which may accumulate thereon within 24 hours after such snow or ice
shall have been caused to fall or form; provided, however, that no
citation for a violation of this section shall be issued until a notice
has been given to the owner, tenant or occupier of premises, the sidewalk
of which is in violation of this section. Pursuant to this section,
each owner, occupant, or tenant is only entitled to one notice each
twelve-month period beginning on October 1 of each year, after which
violations can be enforced without any additional notice. If any ice
should accumulate upon any such sidewalk to the extent that it is
incapable of being removed with reasonable effort, it shall be sufficient
to satisfy the intent and purpose of this section if the owner, tenant,
or occupier of the premises abutting said sidewalk shall apply ashes,
cinders, salt, or other such nonskid material in such a manner as
to render the sidewalk reasonably safe for pedestrian use.
2.
In the absence of an agreement to the contrary with the tenant or
occupier, it shall be the duty of the owner of the real estate to
comply with the requirements of this section. If the owner does have
such an agreement with the tenant or occupier, the owner shall provide
such agreement to the Borough within 24 hours of receipt of a notice
or of a citation for violation of this section.
[Ord. 208, 7/8/1985]
In the event that an owner or occupant or tenant shall fail to comply with the requirements of § 21-101 hereof, the appropriate Borough authorities may clear the snow and ice from uncleared sidewalks, the expense of which shall be borne by such offending owner, occupant or tenant in addition to any fine or penalty imposed by this Part for violation of the provisions hereof.
[Ord. 208, 7/8/1985; as amended by Ord. 295, 11/8/2005; and
by Ord. 323, 9/9/2014]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not less than $50 nor more than $1,000 plus costs and, in
default of said fine and costs, to a term of imprisonment not to exceed
30 days. Each day that a violation of this Part continues shall constitute
a separate offense; provided, however, that such fine shall be in
addition to and not in lieu of any expense incurred by the Borough
of Middleburg in removing any snow or ice on behalf of such violator.
