[Adopted 10-13-1994 by Ord. No. 14-94; amended in its entirety 11-13-2008 by Ord. No. 27-08]
A.
The owner, tenant, occupant or other person having
charge of any dwelling, store, building or lot within the Borough
of Rockaway shall, within 24 hours after the cessation of every fall
of snow, slush or sleet or the formation of ice upon a sidewalk abutting
any such dwelling, store, building or lot, cause the snow, slush,
sleet or ice to be removed from the sidewalk to a width of at least
24 inches. In the event that ice or snow cannot be removed from the
sidewalk within 24 hours due to weather conditions which make compliance
with this provision impossible, sand or rock salt shall be spread
on the icy or snow-covered surface in amounts sufficient to melt the
ice and/or to provide traction to pedestrians so that safe passage
along such sidewalk may occur.
B.
If any owner, tenant, occupant or other person having charge of any dwelling, store, building or lot within the Priority I Designated Area shall fail to clear the sidewalk abutting such dwelling, store, building or lot within 24 hours after the cessation of every fall of snow, slush or sleet or the formation of ice upon a sidewalk or clear the sidewalk abutting such dwelling, store, building or lot, within 12 hours of receiving notice from the Borough of Rockaway, of any obstruction that impairs the ability of pedestrians or other sidewalk users to safely move along such sidewalk, the Borough of Rockaway shall immediately cause the removal of such snow, ice and/or obstruction (or provide for the treatment of the same) at the cost and expense of the owners of such lands abutting the sidewalks located within the Priority I area. The cost for such removal shall be in addition to and not in lieu of any fee or other penalty imposed upon such owner by virtue of the owner's failure to comply with the requirements of § 217-60, § 217-61, § 217-62 or § 217-63.
C.
For the purpose of this article, the "Priority I Designated
Area" shall be deemed to be that area referred to on the map of streets
and roads attached to this article and incorporated herein by reference.[1] The Chief of Police has determined that such Priority
I Designated Area contains streets and ways which must be kept clear
of snow and ice in order to assure the health, safety and welfare
of the residents of the Borough of Rockaway. Any change to the Priority
I Designated Area shall be by ordinance duly adopted by the Mayor
and Council of the Borough of Rockaway.
[1]
Editor's Note: The Priority I Designated Area
Map is on file in the Borough offices.
No person shall deposit, blow, plow or shovel
any snow or ice accumulating on private property onto a sidewalk or
street in the Borough of Rockaway.
No owner, tenant, occupant or other person having
charge of any dwelling, store, building or lot having parking spaces
reserved for the handicapped, nor any contractor, subcontractor or
other person shall block access to such parking spaces reserved for
handicapped drivers by the plowing, piling, placement, blowing or
shoveling of snow or ice into such spaces.
It is hereby declared to be the policy of the
Borough of Rockaway that upon the installation of street improvements
and the pavement of the same by a developer (prior to the acceptance
of those street improvements by the Borough), the developer shall
be responsible, at the cost of the developer, to remove the snow and/or
treat ice which accumulates on such roads and driveways. The developer
shall be obligated as part of any developer's agreement between the
Borough and the developer to so provide for the removal of snow and
ice. Should the developer fail to provide for such removal, the Borough
may, in its sole discretion, cause such snow and ice to be removed
at the cost and expense of the developer. In that event, the developer
shall not seek compensation from the Borough of Rockaway pursuant
to N.J.S.A. 40:67-23.5 and shall be liable for all reasonable costs
thereof incurred by the Borough. The Borough shall not be obligated
to provide advance notice to the developer of the Borough's intention
to cause snow and/or ice to be removed if, in the reasonable judgment
of the Director of Public Works, such snow and/or ice poses a threat
to the health, safety and welfare of the residents of the Borough
who use such roads and driveways.
A.
Subject to the provisions of this article with respect to the Priority I Designated Area set forth in § 217-60, upon the failure of any person to comply with § 217-60, § 217-61, § 217-62 or § 217-63, the Superintendent of the Department of Public Works, or his designated agent, may, in his sole discretion, if the health, safety or welfare of the citizens of the Borough of Rockaway shall require the same, cause the removal of snow, ice and/or obstructions (or provide for the treatment of the same) at the cost and expense of the owners of the lands abutting upon the subject roads or sidewalks as follows. Upon such removal, the following procedure shall apply regarding the payment and collection of the amounts expended by the Borough of Rockaway:
(1)
The officer or employee of the Borough in charge of
the removal of snow, ice and/or other obstructions shall certify the
cost thereof to the Mayor and Council.
(2)
The Mayor and Council shall examine such certificate
and, if found to be correct, shall cause such cost to be charged against
such lands after affording the owner of the property a reasonable
opportunity to appear before the Mayor and Council or its designated
agent.
(3)
The amounts charged shall immediately become due and
payable to the Borough. If the owner of the property fails to pay
such amounts, the same shall become a lien on the property of such
owner and shall bear interest in the same manner as is charged on
unpaid taxes. Such unpaid amounts shall be deemed, for the purpose
of collection thereof, a tax upon such real estate to be added to
and become a part of the taxes next to be levied and assessed against
that real estate. Such tax shall be enforced and collected, with interest,
by the same officer and in the same manner as all other municipal
taxes.
B.
In the event that the Borough of Rockaway shall cause snow, ice and/or other obstructions to be removed, the owner or developer of the lands abutting the subject roads, driveways or sidewalks shall indemnify and hold harmless the Borough of Rockaway and its officers and employees from and against all liability, including loss, damage, costs, attorneys' fees, causes of action, claims and/or judgments arising from the removal of said snow, ice and/or other obstructions. For the sole purpose of this § 217-64B, and for no other purpose, the owner or developer shall be deemed to have appointed the Borough of Rockaway as the owner's or developer's agent should the Borough cause snow, ice and/or other obstructions to be removed from such owner's or developer's property.
A violation of any provision of this article
shall, upon conviction thereof, be punishable by one or more of the
following:
[Added 10-24-2019 by Ord.
No. 21-19]
A.
The owner, tenant, occupant or other person having charge of any
dwelling, store, building or lot within the Borough of Rockaway shall,
within 24 hours after the cessation of every fall of snow, slush or
sleet or the formation of ice upon a fire hydrant abutting any such
dwelling, store, building or lot, cause the snow, slush, sleet or
ice to be removed from the fire hydrant to a three-foot clearance
around the fire hydrant.
B.
If the party responsible for fire hydrant clearance under this section
fails to perform the required clearance within the specified time,
the Borough, or any department thereof, may perform the clearance
and bill the responsible party no more than $75 for this service.
C.
Any monies collected by the Borough, or any department thereof, to
perform the required fire hydrant clearance, shall be deposited into
the Borough Fire Department's training fund account to be used for
training and training-related purchases.
