[Adopted 7-10-2007 by Ord. No. 2007-1]
A.
Except as provided in Subsection C below, every person in charge or control of any building or lot fronting upon or abutting on a paved sidewalk, whether as owner, tenant, occupant, lessee, property manager or otherwise, shall remove or clear away or cause to be removed or cleared away all snow and ice as may have formed or fallen within 24 hours after cessation of the precipitation. The area of clearance shall be no less than the width of the sidewalk or 36 inches, whichever is less.
B.
The owner of record of each property shall be responsible to remove
and clear away such snow or ice where such owner occupies the building,
where the property is vacant or unoccupied and where the property
is a multiunit building occupied by more than one tenant, lessee or
occupant. A tenant, lessee or occupant shall be responsible to cause
to be removed or cleared away snow or ice on abutting sidewalks where
the property is intended for single-unit occupancy and is occupied
by such occupier or tenant only.
C.
In the event the snow and/or ice on a sidewalk becomes so hard that it cannot be removed without likelihood of damage to the sidewalk, the person responsible for the removal of such snow or ice shall cause to be spread, applied or otherwise put on the sidewalk sufficient sand, ash or other abrasive material so as to permit reasonably safe pedestrian traffic over the sidewalk. Said abrasive shall be applied to the sidewalk within 24 hours of the cessation of the precipitation causing such snow or ice. Thereafter, as soon as weather permits, the party responsible shall cause to be removed or cleared away the snow and ice in compliance with Subsection A above.
Every person in charge or control of any building or other structure, whether as owner, tenant, occupant, lessee or otherwise, and in accordance with § 205-23B above, shall cause to be removed or cleared away any accumulation of any snow and ice in excess on the roof of said building or other structure, which snow and ice is liable to fall upon any sidewalk, roadway or other public way. Such work shall be completed within a reasonable time, but no later than 24 hours after the cessation of the precipitation.
No person shall deposit or cause to be deposited any snow or
ice on or immediately next to a fire hydrant or upon any sidewalk,
roadway, or loading and unloading areas of a public transportation
system, except that snow and ice may be mounded by the Borough, its
agents, servants or employees on public cartways and rights-of-way
incident to the clearing thereof or mounded on curbs incident to the
clearing of sidewalks.
In any case where the owner, occupant or tenant, as aforementioned, shall fail, neglect or refuse to comply with any provision of this article within the time limit prescribed herein, the Borough authorities may proceed immediately to clear all snow and/or ice from the sidewalk or roof of such property failing to be in compliance herewith and to collect the expenses of such removal, plus an administration fee of 5% of the actual cost of removal, with any additional amount allowed by law, from such owner, occupant or tenant, as the case may be, which shall be in addition to any fine or penalty imposed under § 205-27. Said amount shall constitute a municipal lien against the benefited property as provided by law.
[Amended 7-3-2013 by Ord. No. 2013-3]
Any owner of real property who does not comply with the provisions
of this article shall be subject to a summary criminal proceeding
before the Magisterial District Justice as provided by the Pennsylvania
Rules of Criminal Procedure, as may be amended from time to time.
Upon a finding of a violation, a fine of not less than $450 nor more
than $1,000, plus costs of prosecution, including court costs and
reasonable attorney fees incurred by the Borough to prosecute the
violation, shall be imposed, and such person may be subject to imprisonment
of up to 15 days in the event such fines and costs are unpaid. Each
day that such violation(s) continues shall be a separate violation
of this article.
