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.