[Adopted 10-12-1993 by Ord. No. 489 (Ch.
21, Part 3 of the 1996 Code)]
The short title of this article shall be the
"Sidewalk Maintenance Ordinance."
The following words, when used in this article,
shall have the meaning ascribed to them in this section, except in
those instances where the context clearly indicates otherwise:
Any person or persons holding an interest in the title to
property abutting a street right-of-way. A lessee in possession shall
be considered as having "ownership" within the scope of this definition.
That area of the public right-of-way adjacent to the curb
or cartway which has been ordained for pedestrian use.
Any public way or road, whether paved or not, with a right-of-way
in excess of 20 feet, inclusive of cartway and sidewalk area.
An owner of a lot fronting on, abutting or containing
a sidewalk in a zoned district shall remove, or cause to be removed,
snow and/or ice from a path of at least 24 inches in width from any
and all such sidewalks within 16 hours after cessation of initial
snowfall.
In the event that the accumulation of ice, snow, sleet or frozen rain, or any combination thereof, shall be frozen sufficiently solid such as to preclude removal without damage to the sidewalk, the owner shall, within the time specified in § 191-23, cause sufficient sand or other suitable abrasive material to be spread upon the sidewalk such as to make pedestrian travel as safe as is reasonably possible.
Snow or ice removed from a sidewalk shall not
be thrown or otherwise placed upon the cartway of a street. Snow shall
be placed in such a manner so as not to obstruct free passageway on
any sidewalk or street cartway.
A.
An owner shall not permit any form of vegetation,
including but not limited to trees, shrubs, bushes, hedges and/or
ground cover to encroach into or upon the sidewalk area in any zoned
district after notice from the Borough to remove such encroachment.
B.
To establish a wood place, or to pile or place any
wood, bricks, stones, boards or other lumber or any other items, upon
any sidewalk, in any public street, or in any alley within this Borough,
excepting only where such materials are intended for building or repairing
and then for said purpose and in such manner as will not interfere
with the free use of said sidewalks, streets or alleys.
C.
To suffer or permit any mud, sand, gravel, clay or
other debris that may be washed or carried by rains or flood upon
any pavement or sidewalk in the said Borough, to remain thereon more
than 16 working hours after the same shall have been deposited as
aforesaid, and the owner of the premises in front of which the same
may be found shall be liable to the penalty hereinafter prescribed
for such offense.
A.
In the event of the failure of an owner to comply fully with §§ 191-23, 191-25 and 191-26 hereof, as applicable, the Mayor, his or her delegated representative, or the Secretary of the Board of Health shall take appropriate steps such as to cause the necessary work to be done in order to obtain compliance.
B.
The Mayor, his or her delegated representative, or
the Secretary of the Board of Health shall ascertain and record the
cost of securing compliance with this article as a result of the failure
of the owner to do so.
C.
An owner whose failure to act makes it necessary that the Mayor, his or her delegated representative, or the Secretary of the Board of Health cause remedial action to be taken in accordance with this section shall be liable to the Borough for the actual cost of the work performed (including appropriate overhead and tool-equipment rental, as applicant), plus a $10 administrative fee, except that in no event shall the total cost due under this section be less than $20. Any and all costs which may become due and payable under this section are in addition to any and all fines which may be levied under § 191-28, hereof.
[Amended 4-23-1996 by Ord. No. 509]
Any person, firm or corporation who shall violate
any provision of this article shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days. Each day a violation of this article continues shall constitute
a separate offense.
Any owner who, after being issued a citation
for any violation of this article, shall continue to be in violation
of this article for an additional 24 hours, may be issued an additional
citation for each and every twenty-four-hour period for which the
violation continues; and further, each and every citation so issued
is hereby deemed to constitute a separate violation and, if so adjudicated,
a separate conviction.
The Mayor, his or her delegated representative,
or the Secretary of the Board of Health shall have the authority to
enforce this article. (Ord. 489, 10-12-1993, Art. B, 20)