[HISTORY: Adopted by the Mayor and Council of the Borough of Waldwick 12-28-65 as Ord. No. 9-65.]
[Amended 8-16-94 by Ord. No. 16-94]
The owner or occupant of premises abutting or bordering upon any street in the Borough of Waldwick shall remove all snow and ice from the sidewalks of any such street within 24 hours after the same shall cease to fall or to be formed thereon, or in the case of ice which may be so frozen to the sidewalks as to make removal impractical, shall cause the same to be thoroughly covered with sand or ashes within the same period. All sidewalks must be shoveled for the full width of the sidewalk and driveway apron. Any sidewalk terminating at a corner must be shoveled to the point where the paved surface of the street meets the sidewalk.
[Amended 8-16-94 by Ord. No. 16-94]
No person, including the owner or occupant of any premises abutting on any street, shall throw, place or deposit any snow or ice into or upon any street in the Borough except such as falls upon or is formed upon that portion of the property so abutting said street lying within the sidewalk lines thereof. No person shall throw, place or deposit snow or ice into or upon the property of another person without the property owner's express permission. It is the intent purpose of this section to prohibit all persons from throwing, casting, placing or depositing snow and ice which accumulated within the private property belonging to said persons, upon the sidewalks or streets of the Borough, or upon other real property without the owner's permission.
[Added 5-11-2021 by Ord. No. 2021-13]
The owner(s) of any real property in the Borough upon which any fire hydrant is located shall maintain the area within a three-foot radius of the perimeter of any such fire hydrant free of snow and ice so that there is no impediment to the use of the fire hydrant. The removal of snow and/or ice shall be completed within 24 hours after the snow has formed or fallen on or around any hydrant. This shall be enforced by the Police Department.
[Amended 8-16-94 by Ord. No. 16-94; 4-27-10 by Ord. No. 9-10; 5-11-2021 by Ord. No. 2021-13]
In any case in which snow or ice is not removed from any sidewalk as required in § 79-1, whereby snow or ice is deposited, thrown or placed upon any sidewalk or street in violation of Section 79-2, or whereby snow or ice is not removed from within a three foot radius of a fire hydrant in violation of 79-3 above, then the Police Department will issue a summons 24 hours after the snow has ceased falling to the owner or occupant of the property in violation. Each day that the owner or occupant of the premises is in violation of Chapter 79 shall be considered a separate violation.
Should the Police Department, Fire Department, or the Board of Health deem that the location of snow and ice on any sidewalk or street or around any fire hydrant represents an immediate danger to the public health safety and welfare, then such snow and ice may be removed by and under the direction of the Superintendent of Public Works. All reasonable efforts shall be made to notify the owner or occupant of the condition and the need to remedy such hazard. The cost thereof shall be certified by the Superintendent of Public Works to the governing body, which shall examine such certificate of cost, and if it finds said certificate to be correct, shall cause such costs to be charged against the real estate abutting upon such sidewalks or fire hydrant. The amount so charged shall thereupon become a lien and tax upon said real estate and be added to and become a part of the taxes next to be levied and assessed thereon, and enforced and collected, with interest, by the same officers and in the same manner as other taxes. The imposition and collection of any penalty imposed by the provisions of § 79-6 hereof shall not constitute any bar to the right of the Borough to collect such assessment of costs as certified for the removal of said snow or ice in the manner herein authorized.
DISABLED PERSON
A person having an impairment which is expected to be of long-continued and indefinite duration and substantially impedes the person's ability to live independently unless the person receives supportive services.
[Added 8-28-2018 by Ord. No. 16-2018]
DRIVEWAY
A private roadway providing access to a public street or highway, including any pathway necessary to access the driveway from a qualified residential property.
[Added 8-28-2018 by Ord. No. 16-2018]
DWELLING UNIT
A detached house, townhouse, apartment, cooperative, condominium, mobile home, or any other similar habitable structure.
[Added 8-28-2018 by Ord. No. 16-2018]
ENTRANCEWAY
A private pathway providing access to the abutting sidewalks from a qualified residential property.
[Added 8-28-2018 by Ord. No. 16-2018]
OCCUPANT
Shall mean any person, firm, partnership or corporation other than an "owner," as hereinabove defined, regularly occupying such premises, whether such occupancy be by written or oral lease or otherwise.
OWNER
Shall mean any person, firm, partnership or corporation vested with legal title, and shall include the spouse of a record owner. Where the legal title is vested in two or more persons, firms or corporations, jointly or in common, any of such persons, firms or corporations shall be deemed to be an "owner".
PRIVATE COMMUNITY
A residential condominium, cooperative, fee simple community, horizontal property regime, or mobile home park compromised of a community trust or other trust device, condominium association, homeowners' association, or council of co-owners.
[Added 8-28-2018 by Ord. No. 16-2018]
QUALIFIED RESIDENTIAL PROPERTY
A dwelling unit occupied by a senior or disabled person or persons living by themselves or with young children, except for a rental unit, the lease of which requires the landlord to provide snow and ice removal equivalent to that provided under a volunteer program, or a unit in a private community, the governing documents of which require the entity responsible for managing the common elements and facilities of the community to provide snow and ice removal equivalent to that provided under a volunteer program.
[Added 8-28-2018 by Ord. No. 16-2018]
[Amended 8-28-2018 by Ord. No. 16-2018]
A. 
The Borough will solicit volunteers for the program each year via its online outlets, email blasts and any other media source deemed appropriate, and maintain a list of said volunteers.
B. 
The Borough will solicit information from seniors and the disabled in need of these services each year via its online outlets, email blasts and any other media source deemed appropriate, and maintain a list of those in need.
C. 
The Borough will assign a minimum of two volunteers, one primary volunteer and one backup volunteer, to each property in need based on geographic distance.
D. 
The contact information for both volunteers and residents in need will be kept confidential. The volunteers will have only the address of the residents in need, and the residents in need will not have the contact information of their assigned volunteer(s).
E. 
The Borough Administrator and/or her designee will be the official coordinator of the program.
F. 
The volunteers shall serve without compensation, but shall be entitled to request assistance and avail themselves of the facilities and equipment of the Borough as may be required and as may be made available for the purposes of the volunteer program.
G. 
The volunteers shall not be considered employees or agents of the Borough, and shall not be entitled to worker's compensation or any other benefits in the event of injury as a result of participation in the volunteer program, and shall not be entitled to indemnification by the Borough.
H. 
Each volunteer will be required to sign a hold harmless waiver from the Borough.[1]
[1]
Editor's Note: Former § 79-7, When effective, was repealed 8-28-2018 by Ord. No. 16-2018.