It shall be the duty of owners of property abutting on sidewalks, walkways and fire hydrants in the Borough to remove from the sidewalks, walkways and fire hydrants all snow, sleet or ice within 24 hours after the same has ceased to fall or accumulate thereon. Where the property in question is not inhabited, it shall be the duty of the owner to comply with this article.
In this section, the term "owner" shall be defined as follows:
- Any person holding any interest in the title to the premises in question. Owner shall be either the husband or wife if the property is owned by both, although the violation of this article may be, but need not be, charged against both. Where the premises are owned or titled in any name, then any party to the title shall be deemed an owner, and in the event that the premises are titled in the name of a business entity, partnership, corporation, trust or any other form of ownership, any officer, director, manager, personal representative or any person having any interest in said entity shall be liable for violation of this article.
In case snow and ice on any sidewalks, walkways and fire hydrants shall be frozen so hard that it cannot be removed without injury to the sidewalk or walkway, it shall, within the time limit specified in § 385-1 of this article, be strewn and kept strewn with ashes, sand, sawdust or other suitable material so as to be no longer dangerous. As soon as practicable thereafter, the sidewalk, walkway or fire hydrant shall be completely cleared of the snow, ice and other material strewn thereon.
Snow and ice removed from sidewalks, walkways and fire hydrants shall in no case be thrown onto any street but shall be placed in such a manner as not to obstruct the free passageway on either the sidewalk and walkway or the abutting street. Snow covering or around a fire hydrant shall be removed to ensure said fire hydrant is visible and readily accessible for use.
In addition to citing the owner for violation of this article, the Borough may remove the snow and ice and collect its expenses, together with the actual costs of labor, materials and use of machinery for doing so, plus an administrative overhead cost of not less than $10 nor greater than 20% of the costs of removal, which amount shall be collected in the same manner as municipal claims and liens.
The short title of this article shall be "Snow Removal Ordinance."
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of $25 upon the first finding, $100 upon the second finding, $200 upon the third finding and not more than $1,000 upon the fourth and any subsequent findings plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 says.
The Code Enforcement Officer or his designee shall keep a written log of all offenses committed between October 1 of each partial year until September 30 of the subsequent partial year ("snow removal year").
In lieu of bringing a prosecution under this article, the Borough may issue a warning notice to the owner, notifying the same that a violation has occurred. If the owner has not caused the snow and ice to be removed within 24 hours after receiving such notice, the Borough will proceed with prosecution in accordance with the terms of this article.
Nothing herein contained shall be so construed as to obligate the Borough to this warning procedure where the owner cannot be readily located or notified. It shall not be a defense to any action brought under this article that the violator had not received a warning or was not afforded an opportunity to avail himself, herself or themselves of the warning procedure, provided the police shall make every reasonable effort to give warnings. The reasonableness of said effort shall be solely within the discretion of the police.