Any person owning or occupying land abutting
upon any of those certain streets, highways, roads, alleys or other
public thoroughfares within the Borough of Glenolden which, by ordinances
of the said Borough duly passed, enacted and ordained, or which will
be duly, passed, enacted and ordained hereafter, are to be paved,
curbed, guttered, graded, repaved or otherwise improved, is hereby
directed to make, at his own expense and as his sole undertaking and
in compliance with all existing Borough ordinances and regulations,
any excavations or openings in, upon or under said streets or thoroughfares
necessary to repair, lay or relay pipes for gas, water, sewerage,
heating or any other purpose which requires opening or excavating
in, upon or under said streets or thoroughfares, and to complete such
work within 21 days after notice so to do. Such work shall be of a
permanent and workmanlike character and subject to the approval of
the Borough Engineer.
For a period of five years hereafter, it shall
be unlawful for any person, persons, firm or corporation to make any
excavation or opening in, upon or under, or otherwise to repair, disturb,
injure or destroy, for any purpose, the paved, macadamized or finished
surface of any street, highway, road, alley or other public thoroughfare
which is to be hereafter paved, macadamized, improved or repaired
in accordance with any ordinance duly enacted or which may be hereafter
duly enacted.
The Borough Council duly assembled shall have
the right and authority to make such exceptions to the enforcement
of this article as to it shall seem reasonable, necessary and proper
in the promotion of public health and general welfare, and may, in
its discretion, by proper resolution or ordinance, direct the issuance
of a permit by the proper officer under such terms and conditions
as the said Borough Council may direct.
[Amended 12-9-1982 by Ord. No. 867, approved 12-9-1982]
Any person, persons, firms or corporations violating
any of the provisions of this article shall, upon conviction thereof,
be fined not less than $75 nor more than $100 plus costs of prosecution
and, upon default in the payment of the said fine and costs, the offenders
shall be committed to the county jail for not more than 30 days.
This article is hereby declared to have no operation
or effect in any way contrary to any Act of Assembly providing for
emergency repairs to sidewalks, for the maintenance and regulation
of state highways or state-aid highways or any other purpose.