[Adopted 2-23-2021 by Ord. No. 2021-5]
As used in this article, the following terms shall have the meanings indicated:
PROPERTY OWNER
Any person, persons, corporation, partnership, association, company, individual, owner, or any organization.
SIDEWALK
A paved or designated path or foot walk for public use located between the cart-way or curb line and right-of-way line of any public, City, or state street or highway.
STREET
Any street, alley or highway within the City of Hazleton where it is maintained by the City of Hazleton or the Commonwealth of Pennsylvania.
CITY OF HAZLETON
The elected officials of the City of Hazleton or any authorized representatives, agency or agencies of the City.
It shall be the duty of the property owner of every parcel of real estate, adjoining a public sidewalk, including unimproved parcels, no later than 24 hours after snow, hail, sleet, or freezing rain has ceased to fall, to clear or cause to be cleared a pathway upon the sidewalk where such property abuts. Such pathway shall not be less than 16 inches in width, where clearances will allow, and shall be thoroughly cleared of all snow, hail, sleet, ice or other obstructions. This shall be done to allow the safe passage of pedestrian traffic on sidewalks. It shall also be the responsibility of the property owner on street comers or at crosswalks to clear a path in the ramp or curb leading to a crosswalk. It shall be unlawful for any property owner to permit snow, hail, sleet or ice to lie upon, remain upon, be piled, or accumulated upon a sidewalk, corner curb, or ramp leading to a cross walk within the City of Hazleton more than 24 hours after it has ceased to fall. Snow, sleet, hail or ice removal is a nondelegable duty of the property owner.
A. 
Snow, sleet, hail or ice removed from sidewalk areas or driveways shall be placed upon a person's property.
B. 
No person shall remove snow, hail, sleet or ice to another property owner's property without first acquiring permission from the property owner.
C. 
If there shall be sufficient amount of snow, sleet, hail, or ice and there is no longer any place on the person's property to shovel or remove the snow, hail, sleet, then it may be placed along the berm or curb line, but not in the paved street, road or highway.
D. 
It shall be unlawful to shovel, throw, or deposit any snow, sleet, hail, or ice into the street, alley or highway by either manual or mechanical means.
E. 
It shall be unlawful to shovel or pile snow, sleet, hail, or ice upon a fire hydrant within the City of Hazleton.
A. 
No snow, sleet, hail or ice removed from any vehicle parked on a City street may be pushed any further towards the center line of said street.
B. 
Any snow, sleet, hail or ice removed from any vehicle parked on a City street may be removed from said street and placed along the berm or curb line, or placed on the property of the vehicle owner.
C. 
Removal of snow, sleet, hail or ice from a parking area on a City street does not entitle a person to exclusive use of that parking area.
D. 
Placing objects in City streets to reserve parking areas is prohibited and in no way creates an exclusive parking area for any person.
In the event snow, hail, sleet or ice shall be frozen so hard that it cannot be removed by shoveling or injury to the sidewalk pavement may occur, then it shall be the duty of the property owner to treat the pavement with sand, salt, or some other suitable material to make such sidewalks reasonably safe for public use; as soon as weather conditions will permit, but not more than 36 hours after such snow, sleet, hail or ice has ceased to fall. The property owner(s) of real estate adjoining a public sidewalk constructed of brick by or on behalf of the City shall only use approved substances as prescribed by the City from time to time for the treatment of ice or frozen sidewalks. The use of any other such substance to treat a brick sidewalk shall be a violation of this article and subject to fines as specified in § 399-17.
In the event of a property owner's failure to comply with the provisions of this article, the City of Hazleton has the right to remove said snow, hail, sleet or ice, and to charge the property owner the cost for removing the same. The City's exercise to remove the offending conditions pursuant to this provision will not act as a waiver or defense against the prosecution of violations of this article. The City shall present an invoice for the cost of services performed by the City or its representatives or agents pursuant to this provision. In the event that the property owner fails to remit full payment to the City of the invoice within 30 days of the invoice date, the City reserves the right to initiate a suit in assumpsit's and/or file a lien against the property owner, all expenses incurred by the City to collect on any unpaid invoice issued pursuant to this provision shall also be the responsibility of the property owner.
Any persons violating the provisions of this article shall, upon conviction by the Magisterial District Judge, be fined the sum of not less than $50, and no more than $350 for each offense. Each twenty-four-hour period set forth in this article in which violation of this article is persisted in shall be a separate and distinct offense punishable as set forth in this section.