[Adopted 8-11-1988 by Ord. No. 209]
The owner of any premises in the Borough of Folsom abutting a sidewalk or curb shall, at his own cost and expense, keep and maintain such sidewalk or curb in good condition and a state of repair and shall not permit the same to fall into a state of disrepair or to become unfit or unsafe to walk upon. In the event that such sidewalk or curb or any part thereof becomes unsafe or hazardous to the public or unfit to walk upon, the abutting owner, at his own cost and expense, shall forthwith reconstruct or repair, as the facts may require, such sidewalk or curb or that part thereof which requires reconstruction or repair. This article shall not apply to situations where, in an approved subdivision, a developer is required to install curbs and sidewalks and where responsibilities for construction and maintenance are more particularly delineated in Chapter 170, Subdivision and Land Development.
Where, in the opinion of the Folsom Borough
Engineer or the Construction Official, a sidewalk or curb is in an
unsafe or hazardous condition, either shall inform the Borough Council
which shall by resolution authorize a notice in writing to be served
upon the owner or occupant of said lands, requiring the necessary
specified work to said curb or sidewalk to be done by said owner or
occupant within the period not less than 30 days from the date of
service of said notice. Whenever any lands are unoccupied and the
owner cannot be found within the Borough, said notice may be mailed,
postage prepaid, to his or her post office address as it is ascertained
from the latest tax rolls of the Borough of Folsom. In a case where
an owner is a nonresident of the municipality or his or her post office
address cannot be ascertained, then a notice may be inserted for four
weeks, once in the official newspaper of the Borough of Folsom.
[Amended 5-20-2004 by Ord. No. 9-2004]
In the case where the owner or occupant of such
lands shall not comply with the requirements of such notice, it shall
be lawful for the Construction Official, upon filing due proof of
service or publication of the aforesaid notice, to cause the required
work to be done and paid for out of the Borough funds available for
that purpose. The cost of such work shall be certified by the Construction
Official to the Borough Engineer who shall verify the same and turn
it over to the Tax Assessor. Upon filing these said certifications,
the amount of the cost of such work shall be and become a lien upon
said abutting lands in front of which such work was done, and collected
in the manner provided by law for the collection of other assessments
or lien; in addition thereto, the Borough of Folsom, as its option,
may maintain an action to recover the amount thereof against the owner
of said lands in any court of competent jurisdiction.
All new sidewalks and curbs constructed by an
abutting owner shall be constructed in accordance with the line and
grade established by the Borough Engineer. All old and existing sidewalks
reconstructed or repaired shall be in accordance with the existing
line and grade unless such line and grade is changed by the Borough
Engineer. It shall be the duty of the abutting owner in all instances
to make inquiry of the Borough Engineer respecting such line and grade.
All sidewalks and curbs constructed, reconstructed
or repaired shall be in accordance with specification in the ordinance
of the Borough of Folsom.
The Borough may each year include in its annual
budget or Tax Ordinance an appropriation for curb and/or sidewalk
repairs in addition to any existing maintenance funds, out of which
appropriation all cost of construction and/or repair of curbs or sidewalks
during the year may be charged when it becomes necessary for the Construction
Official to make such repairs and/or construction pursuant hereto.
All moneys recovered or paid to the Borough under the provision of
this section, other than penalties as hereinafter set forth, shall
be credited to the account out of which such work was paid.
Whenever any curb or sidewalk is required to
be repaired, reset or relaid in the Borough of Folsom, application
for a permit shall be made by the owner of the abutting lands or his
contractor to the Construction Official, specifying grade, dimensions,
mixed materials and method of construction or repair to be used. The
Construction Official shall examine said specifications and, upon
approval of the Borough Engineer, in compliance with all the provisions
of this article, shall grant a permit to the applicant. Fees for the
aforesaid permit shall be $1 per linear foot of curb being repaired.
A.
Failure of any applicant or owner or his contractor,
servant or agent to construct or repair such curbs and/or sidewalks
in accordance with the specifications filed by him for the purpose
of securing that permit under the terms of this article shall be and
constitute a violation hereof.
B.
Any persons violating the terms of this article or
refusing or neglecting to comply with any of the provisions hereof
shall, upon conviction therefor in Municipal Court, be subject to
a fine not exceeding $1,250, a term of imprisonment not exceeding
90 days or a period of community service not exceeding 90 days, or
any combination thereof.[1]
C.
Each day's persistence in the things or acts prohibited
by this article shall be and constitute a separate and distinct offense
subject to any and all penalties prescribed in this article.
