Borough of Demarest, NJ Article IV Snow and Ice Removal

[Adopted 2-21-1962 by Ord. No. 280]

§ 150-33 Duty of owner or occupant to remove.

The owner or owners, occupant or occupants or tenant or tenants of premises abutting or bordering upon any street in the Borough of Demarest shall remove for a width of at least two feet all newly fallen snow and ice from, on and along the abutting sidewalks of such streets or, in the event of ice which may be so frozen as to make removal impracticable, shall cause the same to be thoroughly covered with sand, ashes, cinders or dirt within 24 hours of daylight after the same shall fail or be formed thereon.

§ 150-34 Failure to remove after notice; removal by Borough; cost as lien.

In case such snow or ice shall not be removed from such sidewalk as provided in § 150-33 hereof, the same shall be removed therefrom within three days after notice to remove the same has been given, under the direction of the Superintendent of Public Works when the Chief of the Police Department deems it reasonably necessary for the safety of the general public, and the cost of such removal, as nearly as can be ascertained, shall be certified by the Superintendent of Public Works to the governing body. The governing body shall examine such certification and, if found to be correct, shall cause such cost to be charged against such real estate so abutting or bordering upon such sidewalks, and the amount so charged shall forthwith become a lien and a tax upon such real estate and be added to, recorded and collected in the same manner as the taxes next to be levied and assessed upon such premises and shall bear interest and be enforced and collected by the same officers and in the same manner as other taxes. The imposition and collection of a fine or fines imposed by the provisions of this article shall not constitute any bar to the right of the Borough of Demarest to collect the cost, as certified, for the removal of snow or ice in the manner herein authorized.

§ 150-35 Definitions.

As used in this article, the following terms shall have the meanings indicated:

SIDEWALK

The cement, asphalt, flagstone, slate or established walks between the traveled roadways and the adjacent property lines.

§ 150-36 Statutory authority.

This article is adopted pursuant to the authority conferred by N.J.S.A. 40:65-12.

§ 150-37 Violations and penalties.

[Amended 4-18-1983 by Ord. No. 562; 7-15-1991 by Ord. No. 703]

Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be subject to a fine not to exceed $1,000 or to imprisonment in the county jail for not more than 90 days or to a period of community service not exceeding 90 days, or all of the above, in the discretion of the Judge imposing the same.