[Adopted at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
From and after enactment of this article it shall be the duty of the owner or occupant of all occupied, unoccupied, and leased property to remove, at his or her expense, all snow or ice from the sidewalks abutting on the property occupied or owned by him or them within a period of 24 hours after the cessation of a fall of snow, hail or sleet, or the lifting of a snow emergency the Borough had issued. Residential units under construction or under control of a developer will remain the responsibility of the developer to clear and maintain the property. This article shall be known and may be cited as the "Borough of Elverson Snow and Ice Clearing Ordinance of 2020."
The snow, hail or sleet shall be removed from the sidewalk or pavement abutting the property a minimum width of 24 inches. Snow-packed or frozen surfaces must be treated with salt, sand, aggregate or chemicals to a width of 24 inches and kept clear of drifting, pushed or plowed snow and any other cause of accumulation blocking the twenty-four-inch path or full sidewalk width. Any person who deposits snow back into the street after plowing is in violation of this article. Any snow, hail or sleet that is removed from properties shall not be shoveled, blown or deposited on or into the paved or improved portion of any street or alley that is open to motor vehicle traffic. "Street" shall mean any highway within the Borough of Elverson, when maintained by either the Commonwealth of Pennsylvania, the County of Chester, or the Borough of Elverson.
Any singular pronoun herein shall be taken and deemed to refer to either the masculine or feminine gender. In any case in which a corporation shall be the owner or lessee of any premises, the duty complying herewith shall be upon the principal officer or manager immediately in charge thereof.
This article shall be enforced by the Borough Code Enforcement Officer. Complaints against persons accused of violating this article shall be made to the Borough Secretary, who shall then report the matter to the Borough Code Enforcement Officer, who shall serve any notice(s) or prosecute any person or persons who violate this article. At the time the violation is discovered, the Borough Code Enforcement Officer shall attempt to notify the occupant of any property in violation of the article by personal contact or by a written notice posted in a conspicuous location on the property in question. The notice shall set forth the date and time of the violation and the corrective action that has to be taken. Any contact with an occupant of a property does not relieve the property owner as the person responsible for the snow and ice removal from the property.
Noncompliance with the provisions of this article may result in clearing of the walkway(s) by the Borough, its employees or designated contractors at the expense of the occupant and/or owner of applicable property(ies). Such action will not preclude, exempt or otherwise waive the enforcement of any and all penalties for noncompliance by the Borough for any prosecutions of this article. The Borough is authorized to recover the cost of the snow and ice removal, plus a 10% administrative fee, attorneys' fees, and court costs. The Borough may seek recovery of these expenses either by filing a civil action or by filing a lien against the property. In addition, the Borough may commence a criminal summary proceeding as set forth in § 233-20 of this article.
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 $600 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 chapter 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 Chester County.
The Borough Council recognizes that changes to this article may be necessary from time to time to address changes in circumstances and does hereby authorize amendments to this article by a duly adopted resolution by Borough Council.
The provisions of this article are severable, and if any section, clause, sentence or part or provision thereof shall be held illegal, invalid or unconstitutional, the decision of the court shall not affect or impair the remaining parts and provisions of this article.
All ordinances or parts of ordinances which are inconsistent herewith, including Ordinance No. 95-3, are hereby repealed.
This article shall become effective immediately upon enactment.