[Adopted 7-12-2001 by Ord. No. 2001-08]
The owner, occupant or tenant of every property fronting or
abutting upon any of the streets in the Borough of Walnutport is hereby
required to remove or cause to be removed from all the macadam or
concrete sidewalks in front of or alongside such property all snow
and/or ice thereon fallen or formed, within 24 hours after the same
shall have ceased to fall or to be formed. No person shall shovel
onto any street after it has been plowed, or to pile snow around fire
hydrants so as to make them inaccessible; provided, further: the owner
of a property shall be responsible for conforming to the requirements
of this section where such property is occupied by such owner, or
is unoccupied or vacant or is a multi-business or multiple-dwelling
property occupied by or designed for occupancy by more than one tenant
or occupier; the tenant or occupier of a property shall be so responsible
in the case of a single-unit property occupied by such tenant or occupier.
In any case where the owner, occupant or tenant, as aforesaid, shall fail, neglect or refuse to comply with any of the provisions of § 390-28 of this article within the time limit prescribed therein, the Borough authorities may proceed immediately to clear all snow and/or ice from the sidewalk of such delinquent, and to collect the expenses of such removal, with an additional amount of 10% from such owner, occupant or tenant, as the case may be, which may be in addition to any fine or penalty imposed under § 390-30 of this article.
[Amended 6-14-2012 by Ord. No. 2012-08]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by fine of
not less than $100 not more than $1,000, plus cost of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense and each section of this article that is violated
shall also constitute a separate offense.
A.
Notice of violation.
[Added 4-10-2014 by Ord. No. 2014-02]
(1)
Whenever a condition constituting a violation of this article occurs,
the Borough shall cause written notice to be served upon the owner
in one of the following manners:
(a)
By making personal delivery of the notice to owners;
(b)
By handling a copy of the notice to the owner or an adult person
in charge of the residence or business, whichever the case may be;
(c)
By fixing a copy of the notice to the door at the entrance of
the premises in violation; or
(d)
By mailing a copy of the notice to the last known address of
the owner by certified mail and regular mail;
(2)
Repeat offenders. The Borough is only required to send one notice
of violation per winter season. The notice shall notify an owner that
this is the only notice that will be sent to an owner. Additional
notices will not be sent for a second or subsequent violation of this
article. The notice shall inform the owner that the Borough shall
have the right to proceed directly to the Magistrate without further
notice for any second or subsequent violation during any one winter
season.
B.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by fine of
not less than $100, not more than $1,000, plus cost of prosecution.
In default of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 90 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense and each section of this article that is violated
shall also constitute a separate offense.
[Added 4-10-2014 by Ord. No. 2014-02]
