[Adopted 12-20-1978 by Ord. No. 553]
The owner or occupant of property within the
Borough of Pleasant Hills shall have the duty to remove, abate, counteract,
or otherwise make safe, any accumulation of snow, sleet, ice, water
likely to freeze, or similar conditions likely to create a hazard
or serious risk of harm to pedestrians or others, within a period
of 24 hours from the commencement of any such condition of accumulation
upon any sidewalk or other paved areas construed to be sidewalks by
virtue of their construction or their use by pedestrians or others;
such sidewalks or other paved areas being within the right-of-way
of any street or within any other right-of-way of the Borough of Pleasant
Hills. For the purposes of this article an accumulation shall be defined
as any amount of snow, sleet, ice, water likely to freeze, or similar
conditions likely to create a hazard or serious risk of harm to pedestrians
or others which is collected or gathered upon sidewalks or other paved
areas as defined hereinabove. The duty of such owner or occupant of
property containing sidewalks or other paved areas shall not be breached
if any accumulation as defined hereinabove is removed, abated, counteracted,
or otherwise rendered safe within 24 hours of the commencement of
such accumulation. Failure to remove, abate counteract, or otherwise
make safe such accumulation within 24 hours shall constitute a breach
of duty by the owner or occupant and shall constitute a violation
of the terms and provisions of this article. The duty described hereinabove
is a continuing duty and each breach of duty shall constitute a separate
offense and a separate violation of this article; however, there can
be but one violation during any twenty-four-hour period per individual
property or business premises.
In the event snow, sleet, ice or similar hazardous condition has become frozen so that it cannot be removed without the likelihood of damage to a sidewalk or other paved area as defined hereinabove, the person or entity charged with the duty to remove such, shall, within the time set in § 316-19, abate, counteract, or otherwise make safe such condition by causing enough sand or other abrasive material to be put on the sidewalk or other paved area to make travel thereon reasonably safe, and shall then, as soon as weather permits, remove such accumulation as per the provisions of § 316-19 above.
In the event of a violation of the terms and
provisions of this article as defined hereinabove, the Borough of
Pleasant Hills shall be, and hereby is, authorized to pursue an election
of remedies in the alternative or cumulatively as follows:
A.
To perform the work of removal, abatement, counteraction,
or otherwise rendering safe any accumulation and to charge back the
cost thereof to the owner or occupant of such property; and in the
event that such owner or occupant shall fail to pay the charges within
a period of 10 days after receipt thereof or after the mailing date
if the charge was mailed by registered mail the Borough Solicitor
is authorized to file a lien against such property, together with
interest at the rate of 6% per annum and a penalty of 5%; and/or
B.
To levy a fine in the amount of $300 per violation
upon any person or entity who shall have violated the terms and provisions
of this article, such violation to be prosecuted before any District
Justice of the Borough of Pleasant Hills. Upon default of the payment
of the fine or penalty imposed and costs, the defendant may be sentenced
and committed to serve jail time for a period not exceeding that permitted
by state law or 30 days.
[Added 11-21-1994 by Ord. No. 719]
A.
From and after the date of this section, no person
may shovel, throw, toss, blow or otherwise deposit snow or ice from
their lawn, driveway or sidewalk onto any public road in the Borough
of Pleasant Hills.
B.
The prohibitions in Subsection A of this section shall apply whether the same are done by means of manual labor or by mechanical labor.
C.
Any person violating the terms of this section shall,
upon conviction before the District Justice before the Borough of
Pleasant Hills be subject to a fine not to exceed the sum of $300.
Each day that a violation of this article occurs shall be deemed to
be a separate offense.
