In all cases in which ice shall be formed upon or adhere to that portion of the sidewalks of any public street, avenue or highway of the Borough which is covered with flagging, broken stone or other artificial covering, it shall be the duty of the owner or owners, tenant or tenants of lands abutting or bordering on such sidewalks to cause such ice to be strewn with ashes, sawdust or sand within four hours after the same shall have formed upon or adhered to such sidewalk, except when the ice shall have been formed upon or adhered to such sidewalks during the night, and in that case then within four hours after sunrise of the next following morning, and to keep said ice so strewn with ashes, sawdust or sand until said ice shall be removed as provided in §
409-1.
[Amended 4-28-1994 by Ord. No. 1358; 3-14-1996 by Ord. No.
1419]
It shall be the duty of the Police Department and Code Enforcement Officer, at the expiration of the time limits set forth in §§
409-1 and
409-2, to notify the owner or owners, tenant or tenants of lands abutting or bordering upon the sidewalks of public streets, avenues and highways of the Borough of South Plainfield who have failed to comply with the provisions of this article, to remove all ice and snow from that part of said sidewalks lying in front of their respective premises which is paved with flagging, broken stone or other artificial covering, and upon failure to comply with said notice, to summon the violators of the provisions of said sections to appear before the Municipal Court to be dealt with in accordance with the provisions of this article, and to furnish a list of the persons summoned to the Road Supervisor or Code Enforcement Officer. Service on nonresident owners shall be either by serving notice on the tenant in possession or, if there be none, by mailing to the last known address of the owner of the property a copy of the notice, which shall be deemed good and sufficient notice.
[Amended 4-28-1994 by Ord. No. 1358]
The owner or owners, tenant or tenants of lands
abutting or bordering upon the sidewalks of public streets, avenues
and highways of the Borough of South Plainfield shall remove all grass,
weeds and other impediments (not specified in the first section of
this article) from those portions of said sidewalks lying in front
of their respective premises within three days after notice to remove
the same, which said notice may be given by the Road Supervisor or
Code Enforcement Officer either orally or in writing.
[Amended 11-10-1966; 4-28-1994 by Ord. No. 1358; 3-14-1996 by Ord. No.
1419]
Whenever the owner or owners, tenant or tenants
of lands abutting or bordering upon the sidewalks of public streets,
avenues and highways in said Borough shall refuse or neglect to remove
snow, ice, grass, weeds or other impediments therefrom as required
by the foregoing sections of this article or any notice given thereunder,
the said snow, ice, grass, weeds or other impediments shall be removed
by or under the direction of the Road Supervisor or Code Enforcement
Officer, and in the event of the removal of such snow, ice, grass,
weeds or other impediments as provided in this section, the cost of
removal shall be at the rate of $2 per linear foot, which is hereby
fixed as the reasonable cost thereof, pursuant to the statute in such
case made and provided, to be charged upon the books of the Borough
against the lands abutting upon or bordering the said sidewalks, and
with interest thereon shall forthwith become a lien on the said lands
and shall be added to and form a part of the taxes next to be assessed
and levied upon such lands, and shall be certified by said Road Supervisor
or Code Enforcement Officer, to the Collector of Taxes for that purpose
and be collected in the same manner as other taxes; provided, however,
that bills for the cost of said removal shall be rendered by the Tax
Collector to the owner of said lands.
[Amended 4-28-1994 by Ord. No. 1358]
Nothing in this article shall prevent the Borough
of South Plainfield, by and under the direction of the Road Supervisor
or Code Enforcement Officer, from removing the said ice and snow of
absentee owners and rendering the bill for the cost thereof, together
with notification that the same has been done, pursuant to the statute
made and provided and this article, at the owner's expense, under
the police powers of the Borough of South Plainfield for the protection
of the users of the said sidewalk.
[Added 3-14-1996 by Ord. No. 1419]
In addition to the lien for costs as set forth in §
409-5 herein, any person who violates any of the provisions of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county jail for a term not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, for each day such violation continues.