[Adopted 9-2-2014 by Ord. No. 2014-01]
As used in this article, the following terms shall have the
meanings indicated:
The Borough of Jefferson, which is located within York County,
Pennsylvania.
A person owning, leasing, occupying or having charge of any
property.
Any individual, partnership, firm, company, association,
or society, corporation for profit or not-for-profit group.
Any plot, tracts, premises or parcel of land, with or without
improvements thereto, owned or occupied within the Borough.
A portion of a street between the curblines or the lateral
lines of a cartway and the adjacent property lines, improved and intended
for use by pedestrians.
Every person or owner of property with a sidewalk or control
of any building or lot of land shall remove and clear away or cause
to be removed or cleared away snow and/or ice the entire width and
length of the sidewalk.
A.
Except as provided in Subsection B hereof, snow and ice shall be removed from sidewalks within 24 hours after the cessation of any fall of snow, sleet or freezing rain.
[Amended 4-3-2017 by Ord.
No. 2017-03]
B.
In the event that the snow and/or ice on a sidewalk has become so hard that it cannot be removed without the likelihood of damage to the sidewalk, the person charged with its removal shall, with the time mentioned in Subsection A hereof, cause enough sand or other abrasive to be put on the sidewalk to make travel reasonably safe and shall, as soon thereafter as weather permits, cause the entire width and length of the sidewalk to be cleared.
No person shall be permitted to shovel, blow, plow or otherwise
deposit snow and/or ice onto any street after the street has been
plowed, and no person shall shovel, blow, plow, or otherwise deposit
or cause to be deposited snow and/or ice upon, against or adjacent
to any fire hydrant so that said deposit would prevent or obstruct
access to the fire hydrant.
A.
It shall be the duty of the Borough or its authorized representative, including but not limited to the Zoning Officer, to serve or cause to be served a notice upon any person who is in violation of Article V of Chapter 151 and to demand the abatement of the violation within 12 hours. Notice shall be served in one of the following manners:
(1)
By making personal delivery of the notice to the owner; or
(2)
By handing a copy of the notice at the residence of the owner to
an adult member of the family with which the owner resides, but if
no adult member of the family is found, then to an adult person in
charge of such residence; or
(3)
By fixing a copy of the notice to the door at the entrance of the
Property in violation.
B.
The owner shall not be entitled to written notice pursuant to § 151-40 for any subsequent or similar violations of Article V of Chapter 151 that occur within 120 days of the service of the first notice. The first notice shall be deemed to be ongoing for any violations within that time period, and the Borough may proceed immediately with enforcement.
Enforcement of this article shall be as follows:
A.
Enforcement thereof shall be by an action before a District Justice in the same manner as provided for the enforcement of summary offenses under the Pennsylvania Rule of Criminal Procedure. The Borough Solicitor may assume charge of the prosecution without the consent of the District Attorney as required under Pa. R. Crim. P. No. 454 (relating to trial and summary cases). The Borough Council hereby sets a criminal fine in the amount of $100 per violation, plus the costs of prosecution, including attorneys' fees, and the costs of any removal, as described below in Subsection B, and, in default of payment of such fine and costs, to undergo imprisonment of not more than 10 days.
B.
The Borough Council may direct the removal of the snow as the case
may be, to be done by the Borough and to certify the costs thereof
to the Borough Solicitor. The cost of such removal shall be a lien
upon such property from the time of such removal, which date shall
be determined by the certificate of the person doing such work, and
filed with the Borough Secretary.
C.
The Borough, by means of a complaint in equity, may compel the owner
of the property to comply with the terms of any notice of violation
or seek any such other relief as any such court of competent jurisdiction
is empowered to afford.
