[Adopted 9-1-1981 as Ch. 55, Part
5, of the 1981 Code]
A.
Responsibility for removal. The owner and/or tenant(s)
of every property located within the Borough of Clarion shall remove
or cause to be removed all snow, ice, hail or sleet falling, forming
or placed upon any sidewalk located within any Borough right-of-way
adjacent to the owner’s property or any sidewalk located on
the owner’s property which provides access to the general public
across any part of said property within 24 hours after the end of
snow, ice, hail or sleet falling. Snow, ice, hail or sleet is prohibited
from being placed on any Borough or state street, highway or alley.
The liability of the owner to perform the requirements of this section
shall not be based upon the owner’s occupancy of the property
and, on the contrary, the owner shall be liable for compliance with
this section even though the owner is not in possession. However,
the owner shall not be liable if the property is a rental property,
a written lease exists and provides that the tenant is responsible
for snow removal, the term of the lease is greater than one year and
the landlord supplies a copy of the lease to the Clarion Borough Police
Department.
[Amended 7-6-1999 by Ord. No. 99-691; 11-2-2004 by Ord. No. 04-727]
B.
The Borough may remove snow and ice upon default of the property owner. In any case where the owner, occupant or tenant, as aforesaid, shall fail, neglect or refuse to comply with any of the provisions of § 185-14A of this article within the time limit prescribed therein, the Borough authorities may proceed immediately to clear all snow and/or ice, hail or sleet from the sidewalk of such delinquent and to collect the expenses of such removal, with any additional amounts allowed by law, from such owner, occupant or tenant, as the case may be, which shall be in addition to any fine or penalty imposed under Subsection C of this section.
C.
Violations and penalties.
[Amended 11-2-2004 by Ord. No. 04-727; 6-2-2009 by Ord. No. 2009-762]
(1)
(2)
If the violator requests a hearing or has not paid the fine set forth in Subsection C(1)(a) and (b) or has failed to deposit only United States currency, checks or other legal tender of the United States within the ticket envelope, then the registered owner, occupant or tenant of the property shall be charged by citation for a summary violation and, upon conviction thereof, be sentenced to pay a fine of $50 and the costs of prosecution and, in default of such payment, shall be sentenced to imprisonment for not less than two days nor more than four days. For the purpose of this section, the depositing of substances, wastes or materials in the ticket envelope, other than legal tender, as specified, shall constitute default of payment.
A.
Unlawful to allow snow, ice or icicles to accumulate
on buildings. It shall be unlawful for the owner, occupant or tenant
of any building in the Borough of Clarion fronting or abutting on
or along any street or public alley in the Borough to allow snow,
ice or icicles to accumulate on the roof, eaves or any other part
of such building whereby the same may become or be dangerous to any
person or persons on any sidewalk. The owner of a property shall be
responsible for compliance with this article where such property is
occupied by such owner or is unoccupied; the tenant or occupier thereof,
where such property is occupied by such tenant or occupier; and the
owner thereof, where the property is a multiple-business or multiple-dwelling
property, occupied by more than one tenant or occupier.
B.
Violations and penalties.
[Amended 11-2-2004 by Ord. No. 04-727]
(1)
(2)
If the violator requests a hearing or has not paid the fine set forth in Subsection B(1)(a) and (b) or has failed to deposit only United States currency, checks or other legal tender of the United States within the ticket envelope, then the registered owner, occupant or tenant of the property shall be charged by citation for a summary violation and, upon conviction thereof, be sentenced to pay a fine of $100 and the costs of prosecution and, in default of such payment, shall be sentenced to imprisonment for not less than two days nor more than four days. For the purpose of this section, the depositing of substances, wastes or materials in the ticket envelope, other than legal tender, as specified, shall constitute default of payment.[1]
