[Adopted 5-2-1994 by Ord. No. 5/1/94 (Ch. XXI, Part 2C,
of the 1976 Code of Ordinances)]
The owner, occupant or tenant of every property fronting upon
or alongside of any streets in the Borough of Burgettstown is hereby
required to remove or cause to be removed from all sidewalks in front
or alongside of such property all snow and/or ice and/or grass, leaves,
and/or weeds, and such other matter from sidewalks thereon fallen
or formed, within 24 hours after the same shall have ceased to fall
or form, provided that the owner of a property shall be responsible
for conforming to the requirements of this article where such property
is occupied by such owner or is unoccupied; the tenant or occupier
thereof where such property is occupied by such tenant or occupier
only; and the owner thereof where the property is a multiple-business
or multiple-dwelling property occupied by more than one tenant or
occupier.
In any case the owner, occupant or tenant shall fail, neglect or refuse to comply with any of the provisions of § 438-11 within the time limit prescribed therein, the Borough authorities may proceed immediately to clear all snow and/or ice and/or grass, leaves and/or weeds from the sidewalk of such delinquent and to collect the expenses thereof, plus an additional 10%, from such owner, occupant or tenant, as the case may be, which may be in addition to any fine or penalty imposed under § 438-13.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this article in equity
in the Court of Common Pleas of Washington County.
