[Adopted 3-10-2015 by Ord. No. 2015-2-003]
The purpose of this article is to prevent individuals or contractors
from placing, or throwing snow from sidewalks, walkways, private streets
and driveways in the public roadways by means of snowblowers, plows,
shovels or other similar means.
A.
The owner or owners, occupant or occupants, tenant or tenants of
premises abutting or bordering upon any street in the Township of
Lumberton shall remove all snow and ice from the abutting sidewalks
of such streets, within 24 hours after the same shall fall or be formed
thereon. The accumulation of two inches of snow or 1/8 inch of ice
shall be conclusively presumed to create such hazardous conditions.
In the event that ice conditions are such that removal is impracticable,
the ice shall be thoroughly covered with salt or other traction-producing
substance so as to ameliorate the hazard. Notwithstanding the foregoing,
owners and/or developers shall commence clearing of snow and ice from
streets when the need is determined and direction is issued by the
Lumberton Police Department or Public Works Department. The term "sidewalks"
as used in this section shall also include driveway aprons, bike paths,
walking paths, handicap ramps and that portion of any driveway that
reasonably connects two portions of a sidewalk as defined herein.
B.
In the case of all such subdivisions and residential or commercial
developments containing paved common areas and/or private streets,
the owner and/or developer shall designate a contact person, with
a mailing address and cellular telephone number, who can be notified
by the Township in the event that the Township determines that the
owner and/or developer is not promptly complying with the provisions
of this article. Notwithstanding any other provisions of this article,
the Township, in the absence of prompt compliance by the owner and/or
developer, may undertake the snow and ice removal and recover the
costs of such action together with attorney's fees and costs of suit.
C.
In case the building is occupied by more than one family or business
unit, then the owner is hereby required to remove or cause to be removed
all snow and ice from such portion of the sidewalks or, in the case
of ice which it is impracticable to remove, cover the same with salt
or similar product within 24 hours after the same shall be formed
or fall thereon. The sidewalk shall be cleared from snow and ice creating
a clear open path not less than 30 inches in width.
D.
In addition to removing snow and ice from sidewalks, adjacent owners
or occupants shall remove snow in one foot in all directions around
any fire plug or hydrant.
No person, firm or corporation, the owner, tenant or occupant
of any premises abutting on any street shall throw, place or deposit
any snow or ice into or upon any street in said Township, it being
the intent and purpose of this provision to prohibit all persons from
throwing, casting, placing or depositing snow and ice, which accumulated
within the private property belonging to said person, upon the sidewalks
or streets of the Township of Lumberton. Persons in motor vehicles
and snow removal equipment causing such snow to be placed in the Township
right-of-way shall also be subject to the provisions of N.J.S.A. 39:4-77.1
et seq.
A.
In case such snow or ice shall not be removed from such sidewalks
or shall be cast, deposited thereon or placed upon said sidewalks
or said streets by the owner or owners, tenant or tenants, occupant
or occupants of any said premises, the same may be removed forthwith
under the direction of the Township Director of Public Works, and
the cost of such removal as nearly as can be ascertained shall be
certified by the Director of Public Works, or his designee, 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 or land and be added to, recorded and collected in
the same way and 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 provision of this
article shall not constitute any bar to the right of the Township
of Lumberton to collect the cost as certified for the removal of said
snow or ice in the manner herein authorized.
B.
The Township Committee, through its Public Works Department, may
bring an action to enforce the requirements of this article in municipal
court.
Failure of any owner, occupant, developer or tenant to comply
with the requirements of this article, upon conviction, shall be punishable
by a fine not to exceed $500 or a term of imprisonment not to exceed
30 days or a term of community service not to exceed 30 days in the
discretion of the Municipal Court Judge. Each day that the violation
exists shall be deemed a separate offense. It is the intent of this
article that the responsibility for compliance shall be a joint responsibility
of the owner, developer, occupant or tenant of the premises in question.
This imposition and collection of a fine or other penalty under this
section shall not constitute a bar to the right of the Township to
collect its certified costs and attorney's fees incurred in connection
with the removal of snow or ice upon failure of the responsible party
to act or the related costs and attorney's fees to collect such costs.
Such collection may be through a lien on the property, or suit in
a court of competent jurisdiction.
