[Adopted 11-10-1931; amended in its entirety 3-8-2000 (Ch. 100, Art. II, of the 1974 Code)]
The owner(s), tenant(s) or occupant(s) of lands abutting or
bordering upon any of the public avenues or highways of the Borough
of Westville shall remove or cause to be removed from the sidewalks
and to the width of one foot out of the gutters in front of or bordering
on their said lands all snow and ice within 10 hours of daylight after
the same shall be formed or fall thereon, and any sand, dirt or other
materials or collection of materials forming an obstruction or constituting
an impediment thereon within 10 hours of daylight after the same shall
have formed, collected or been created thereon.
The owner(s), tenant(s) or occupant(s) of lands abutting or
bordering upon any of the public avenues or highways of the Borough
of Westville are hereby required to remove all grass, weeds, brush
or other plant or vegetable growth, as well as rubbish or debris,
which may in any way impair the visibility of persons using public
highways to the danger of other users thereof, or which may emit foul
or unhealthy odors, or which may serve as a place for the breeding
of flies, mosquitoes or serve as the haven or refuge of mice, rats,
snakes or other animals and reptiles of a destructive nature and generally
odious to man, or which may constitute a fire hazard, or which may
constitute an impediment on or overhang the sidewalks along any of
said streets, avenues or highways, or which may be generally disagreeable
or obnoxious to the residents in the immediate vicinity of any lands
on which said grass, weeds, brush or other plant or vegetable growth,
rubbish or debris may exist, within three days after notice of removal
of such grass, weeds, brush or other plant or vegetable growth, rubbish
or debris shall have been given by the Mayor or Borough Clerk, either
by mail, personally or through the medium of the police force of the
Borough of Westville.
In case such owner(s), tenant(s) or occupant(s) of any land abutting or bordering upon any public street, avenue or highway in said Borough shall neglect or refuse to remove such snow, ice, sand, dirt, material or materials forming an obstruction or constituting an impediment within 10 hours of daylight as provided in § 336-3 of this article, then the same shall be removed by or under the direction of the Mayor of the Borough of Westville.
In case such owner(s), tenant(s) or occupant(s) of any land abutting or bordering upon any street, avenue or highway in said Borough shall neglect or refuse to remove such grass, weeds, brush or other plant or vegetable growth, rubbish or debris from such lands within three days after notice has been given to remove the same as provided in § 336-4 of this article, then the same shall be removed by or under the direction of the Mayor of the Borough of Westville.
[Added 3-8-2006 by Ord. No. 2-06[1]]
It shall be unlawful within the Borough for any homeowner, tenant,
storekeeper, merchant or any other person to encumber or obstruct
the sidewalk or public rights-of-way in front of or alongside his
or her residence or place of business with baskets, barrels, boxes,
goods, wares or merchandise or in any other way or manner, or permit
to be placed upon any sidewalk or in any public right-of-way any object
or thing that shall in any manner encumber any sidewalk or public
right-of-way or render travel dangerous or unsafe thereon, provided
that this section shall not affect the legal display of goods, wares
and merchandise within a distance of three feet from the building
line, nor shall this section prohibit the depositing of containers
of recyclables and trash upon the sidewalks or in public rights-of-way
for collection and removal on the days fixed for the collection of
recyclables and trash.
In all cases where any snow, ice, sand, dirt or other materials
or collection of materials, grass, weeds, brush or other plant or
vegetable growth, rubbish or debris are removed from any land, sidewalk
or gutter under the provisions of this article by or under the direction
of the Mayor of the Borough of Westville, such designated Borough
representative shall certify the costs thereof to the Council, which
shall examine the certificate and, if found correct, shall cause the
cost as shown thereon to be charged against the lands upon which such
condition shall have existed and shall have been repaired, and the
amount so charged shall forthwith become a lien upon such lands and
shall be added to and form a part of the taxes next to be assessed
and levied upon such land and shall bear interest at the same rate
as all other taxes and shall be collected and enforced by the same
officers and in the same manner as other taxes.
B.
Any person who is convicted of violating the provisions of this article
within one year of the date of a previous violation of the same article
and who was fined for the previous violation shall be sentenced by
the court to an additional fine as a repeat offender. The additional
fine imposed by the court for a repeated offense shall not be less
than the minimum or exceed the maximum fine fixed for a violation
of this article, but shall be calculated separately from the fine
imposed for the original violation of this article. The continuation
of such violation for each successive day shall constitute a separate
offense.
