[Adopted 5-14-1984 by Ord. No. 722 (Ch. 21, Part 4, of the 1993 Code)]
The property owner, occupant, or tenant of every property having a sidewalk and/or curb in front of, to the rear of and alongside of any street or alley in the Borough is hereby required to remove or cause to be removed from all sidewalks and/or curbs:
A. 
All snow and ice thereon fallen or formed, within 10 hours after the same shall have ceased to fall or to be formed, provided that snow and ice that has ceased to fall or to be formed after 6:00 p.m. after every evening may be removed at any time before 10:00 a.m. of the following morning; provided, further, that no snow or ice shall be pushed, shoveled or placed by snowblower in the streets or cartways, but must be placed in an area between the sidewalk and curb or the sidewalk and the center point of the subject property.
B. 
All grass, weeds, leaves, branches, vegetation, plants and other foreign matter growing or falling upon sidewalks and/or curbs must be removed and disposed of in accordance with other Borough ordinances, provided that no grass, weeds, leaves, branches, vegetation, plants and/or other foreign matter shall be removed from the sidewalks and/or curbs and placed in the streets or cartways.
C. 
The property owner shall be primarily responsible and liable for the removal of the snow, ice, grass, weeds, leaves, branches, vegetation, plants and/or other foreign matter from the sidewalks and/or curbs, and the tenants and/or occupants other than the owner shall be secondarily responsible and liable for the removal of the snow, ice, grass, weeds, leaves, branches, vegetation, plants and/or other foreign matter from the sidewalks and/or curbs.
The Borough Council shall cause to be placed in a newspaper of general circulation within the Borough no later than January 31 of each year an article advertising the existence of this article and of its intention to enforce the terms and conditions of this article. Provided, however, that the failure to place this notice in a newspaper of general circulation within the Borough each year shall not prohibit the Borough from enforcing the terms, conditions and penalties under this article against any owner, tenant and/or occupant who violates this article. The purpose of this notice is for general information and convenience to the members of the public.
In any case where the owner, occupant, or tenant, as aforesaid, shall fail, neglect or refuse to comply with any of the provisions of this article within the time limit, the Borough Council may direct the Borough of Irwin Street Department employees to immediately clear all snow, ice, grass, weeds, leaves, branches, vegetation, plants and/or other foreign matter from those sidewalks and/or curbs in the Borough, and the Borough is hereby authorized to collect the expenses of such clearance or removal, with any additional amounts allowed by law, from such owner, occupant or tenant, as the case may be, by the filing of a municipal claim against the subject property, in addition to any fine or penalty which may be imposed under another provision in this article. The Borough shall not be obligated to perform this service under this article, nor does its ability to file a municipal claim against the property release or relieve the property owner, occupant and/or tenant from the responsibility set forth in this article or other penalties set forth in this article.
[Amended 7-7-1993 by Ord. No. 791]
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine not exceeding $600, and costs, and, in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.