[Adopted 6-3-2019 by Ord. No. 3-2019]
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
CARTWAY
The portion of a street or highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.
GROWING SEASON
The period of time beginning on April 1 and continuing through the end of October of each year.
SIDEWALK
The area outside of the actual cartway of a street or highway which is intended for use by pedestrians, whether or not the same is paved with an impervious surface or is merely a dirt or gravel area.
SNOW SEASON
The period of time beginning with the first measurable snowfall during any fall or winter season and continuing through the last measurable snowfall during the same or immediately following winter or spring season.
STREET OR HIGHWAY
The entire width of a way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
TOWNSHIP
The Township of Colebrookdale, Berks County, Pennsylvania.
VEGETATIVE OBSTRUCTIONS
Ground vegetation which encroaches into the walkway of a sidewalk or low hanging tree limbs or shrubs which overhang a sidewalk at a height which interferes with the safe and unhindered use of the entire width of the sidewalk.
The record owner(s) of real estate situate within Colebrookdale Township shall be responsible to remove snow and ice from his sidewalks as provided in this article. Every owner shall remove and clear away or cause to be removed or cleared away from the sidewalk snow and/or ice in a path of at least 30 inches in width.
A. 
Except as provided in Subsection B below, snow and ice shall be removed from sidewalks within 24 hours after the cessation of any fall of snow, sleet or freezing rain.
B. 
In the event snow and/or ice on a sidewalk has become so hard that it cannot be removed without likelihood of damage to the sidewalk, the person charged with its removal shall, within the time mentioned in Subsection A, above, cause enough sand or other abrasive to be put on the sidewalk to make travel reasonably safe and shall, as soon thereafter as weather permits, cause to be cleared a path in said sidewalk of at least 30 inches in width.
Every record owner of real estate within the Township shall remove and clear away, or cause to be removed and cleared away, any accumulation of snow and ice on said building or other structure which is liable to fall on any sidewalk, roadway, or other public way. Such work shall be completed within a reasonable time, but not later than 24 hours after the cessation of any fall of snow, sleet, or freezing rain.
No person shall deposit or cause to be deposited any snow or ice on or immediately next to a fire hydrant or on any sidewalk, street, or highway, except that snow and ice may be mounded by the Township of Colebrookdale on public cartways incident to the cleaning thereof or mounded on curbs incident to the clearing of sidewalks in business districts.[1]
[1]
Editor's Note: Original Sec. 5, Removal of weeds, grass, and other vegetative obstructions, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I); see now Ch. 163, Brush, Grass and Weeds, § 163-5.
A. 
The Code Enforcement Officer (or the Assistant Code Enforcement Officer) shall have the authority to notify by first-class mail or by hand delivery of a written notice any person who is in violation of the provisions of this article that if he/she shall pay a penalty in the amount of $50 at the administrative office of the Township, 765 West Philadelphia Avenue, Boyertown, Pennsylvania 19512, within 10 business days of the date of issuance of the notice of violation, such penalty shall be deemed as and shall constitute the full penalty for that violation. Notification by hand delivery shall include, among other things, affixing a written notice of violation to the front door (or main entry door) of the residence or office of any owner or occupant charged with violating the provisions of this article and advising that failure to comply with the terms of this article may cause the Township to remedy the violation and to charge the cost thereof, plus a penalty of 10% to such person, firm or corporation who is the record owner of the property.
B. 
Any person charged with a violation of the provisions of this article for a second or subsequent time during a single snow season in the case of a violation arising under §§ 463-47, 463-48 or 463-49 shall pay a penalty of $200 for each such violation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Any person notified of a violation of this article who fails to make payment in full for the violation within 10 business days of the date of issuance of the notice of violation may be cited for said violation and, upon conviction thereof, shall be sentenced to pay a fine of not more than $600, and in default of payment, to imprisonment for a term not to exceed 30 days.
D. 
Each day that a violation continues shall constitute a separate offense.
E. 
In case any person, firm or corporation shall neglect, fail or refuse to remove snow and/or ice from a sidewalk or roof within period of 48 hours after receipt of notice from the Code Enforcement Officer that he/she is in violation of the terms of this article (see § 463-50A, above), the Township manager may contract to remove the snow and/or ice from the person, firm or corporation's sidewalk or roof. In that event the cost thereof, together with an additional penalty of 10%, may be collected by the Township from such person, firm or corporation who is the record owner of the property, in the manner provided by law. For the purpose of this article, receipt of notice from the Code Enforcement Officer shall be measured from the date and time the Code Enforcement Officer posts notice of the violation on the property as provided in § 463-50A, above.
Ordinance Number 2-2011 is specifically repealed. All ordinances or parts of ordinances which are inconsistent herewith are hereby repealed.
If any sentence, clause, section, or part of this article is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article. It is hereby declared as the intent of the Board of Commissioners of the Township of Colebrookdale that this article would have been adopted had such illegal, unconstitutional, or invalid sentence, clause, section or part thereof not been included herein.