[Adopted 4-27-2010 by Ord. No. 10-06]
The following definitions shall apply in the interpretation
and enforcement of this article:
Any person, firm, association, syndicate, copartnership or
corporation being one or more of the record owners of the property.
Any person, firm, association, syndicate, copartnership or
corporation having any possessory or proprietary interest in any land.
Any individual, firm, association, syndicate, copartnership
or corporation.
That paved area beside the curb or berm or edge of the roadway,
intended for use by pedestrians.
The full removal of all snow and ice from the pathway supporting
an individual without danger of slipping or falling, so that no hazardous
condition exists.
Every possessor of any building or lot of land within the Borough
fronting or abutting on a sidewalk shall remove and clear away and
have thoroughly cleaned, or cause to be removed and cleared away and
thoroughly cleaned, from all sidewalks fronting or abutting on their
land or building snow and ice within 24 hours after the snow or ice
shall have ceased to fall or to be formed.
In the event snow or ice on a sidewalk has become so hard that
it cannot be removed without likelihood of damage to the sidewalk,
every possessor of any building or lot of land within the Borough
fronting or abutting on a sidewalk shall, within 24 hours after the
snow or ice shall have ceased to fall or to be formed, remove all
snow and ice that can be removed without damage to the sidewalk and
they shall further cause enough sand or other abrasive to be put on
the sidewalk to make travel thereon reasonably safe and shall then,
as soon thereafter as weather permits (but no later than 48 hours
thereafter), cause a path in said sidewalk to be thoroughly cleaned.
In the case where the possessor of any building or lot of land
in the Borough fronting or abutting on a sidewalk shall fail, neglect
or refuse to comply with the provisions of this article within the
time limit prescribed herein, the Borough may proceed immediately
to clear all snow and/or ice from the sidewalk and/or place thereon
sand or other abrasives and to collect the expense thereof, with an
additional amount of 20% thereof, from the owner, which may be in
addition to any fine or penalty imposed by § 235-51 of this
article.
In all events, the owner of the land shall always be additionally
responsible for conforming to the requirements of this article regardless
of how the property is occupied or the terms and conditions of any
lease or other agreement between the owner and any other occupier
or possessor to the contrary.
The Zoning Officer, upon ascertaining that a property is in
violation of this article, shall give a written notice by first-class
mail or certified mail, return receipt requested, or by hand-delivered
letter to the owner or occupant of the property in violation of the
provisions of this article and shall direct the owner or occupant
to remove the snow and/or ice to conform to the requirements of the
article within 24 hours. In the event the owner or occupant of the
property fails to comply with the notice, the Borough may bring an
appropriate action before the Magisterial District Judge for a violation
of the article without any further notices being mailed by the Zoning
Officer or Code Enforcement Officer.
Any possessor of any tract of land located within the Borough
fronting or abutting a sidewalk, who shall have failed to remove any
snow or ice from the sidewalk as required herein or who removes the
same otherwise than as required herein, shall be guilty of a violation
of the article and, upon conviction thereof, shall be sentenced to
pay a fine of not less than $100 nor more than $500 plus costs and
attorneys' fees. Such fines and costs shall be collected by the Borough
as otherwise provided by law. Each day that a violation continues
shall be deemed to be a separate offense.
