[Adopted 2-17-1998 by Ord. No. 98-2 (Part
12, Ch. 2, Art. B, of the 1975 Code of Ordinances)]
The owner(s) of each property abutting any street
in the Borough shall cause snow and ice to be removed from the full
length of all sidewalks along such streets to the extent they abut
or are on the property. Such snow and ice removal shall be completed
within 24 hours after significant precipitation stops (i.e., precipitation
which would cause additional accumulation of 1/2 inch or more of snow
or additional unsafe icing) and snow plowing causes snow to be moved
onto the sidewalk. The required snow and ice removal shall result
in a cleared and safe walkway, with a minimum width of three feet,
which walkway shall be maintained for the entire length of the sidewalk.
If the ice and/or snow on a sidewalk is so hard or thick that it cannot
be removed, with due diligence, within the twenty-four-hour time limit
or if the process of removing it within such time period would be
likely to damage the sidewalk, the owner(s), within the period, shall
apply such salt or other substance to the sidewalk so that the snow
and/or ice will melt and shall also apply abrasive material, such
as sand, ashes or sawdust, to the required walkway so that it will
be as safe for pedestrians as reasonably possible under the circumstances
and shall remove the snow and ice as soon as reasonably possible thereafter.
The owner(s) shall comply with this section whether or not the property
is improved and/or occupied. Each and every owner of the property
shall be jointly and severally responsible for such compliance.
[Added 11-16-2010 by Ord. No. 2010-3[1]]
A.
It shall
be unlawful for any person, firm, corporation or entity (hereinafter
"person") to push, dump or deposit in any manner, or cause to be pushed,
dumped or deposited in any manner, any ice or snow which has accumulated
on any sidewalk, driveway, parking area or private property:
(1)
Upon
any portion of the cartway of any street or other public way that
has been plowed or otherwise cleared of ice or snow;
(2)
Upon
the traveled portion of the cartway of any street or other public
way, whether or not such traveled portion of the cartway has been
plowed or otherwise cleared of ice or snow;
(3)
In
a manner which obscures the visibility of any fire hydrant and/or
obstructs or impedes access to any fire hydrant;
(4)
On
any parcel of private real property without the express permission
of the owner of the parcel upon which such ice or snow is to be placed;
or
(5)
In
any manner at a street intersection which will obstruct the vision
of pedestrians or vehicle drivers or the passage of pedestrians or
vehicles.
B.
Any person violating the provisions of Subsection A, upon the direction of a Borough police officer, the Borough Manager, the Borough Codes Enforcement Officer, or representative from the Borough’s Public Works Department, or their designee, shall immediately desist from pushing, dumping and depositing ice in or onto the street or alley and shall remove any ice or snow from the street or alley that has been unlawfully deposited thereon. If the person so notified fails to comply as aforesaid, he shall be subject to the fines set forth in § 179-31 of this chapter.
If the requirements of § 179-28 are not complied with, the Borough may issue written warning to the owner(s). Such warning may give notice that if the snow and/or ice is not removed within three hours (or such longer period as the Borough Code Enforcement Officer may determine) after the warning is given, the Borough may then proceed to clear the snow and/or ice from the sidewalk, for which the owner(s) is responsible, and may collect its costs therefor from the owner(s). The Borough's warning to the owner(s) shall be in writing and may be posted on the property or left with an adult occupant thereof, whether or not the property is tenant occupied. If the snow and ice is not removed properly and the required walkway provided by the time identified in such notice, the Borough may do the work and charge the owner(s) for the Borough's removal costs and expenses. Such costs and any interest thereon shall be a municipal claim and lien on the property until paid. The Borough Secretary shall send a bill for such costs, by regular United States mail, to the owner(s) at his (their) address as shown on the most current real estate tax duplicate. The owner(s) shall pay the Borough its expenses, within 10 days of the date the Borough's bill is so mailed (the mailing date shall be shown on the bill). If the bill is not paid within said 10 days, interest shall accrue on the unpaid amount at the rate of 10% per annum.
A.
If the owner(s) fail(s) to comply with the duties established by § 179-28, the owner(s) shall, upon conviction, be sentenced to pay a fine or penalty of not less than $100 for the first violation, not less than $200 for the second violation and not less than $300 for the third and each subsequent violation. Each day that a violation continues shall constitute a separate violation for which a separate fine or penalty shall be imposed.
