[Adopted 1-15-1957 as Ch. XVI, Part 2, of the 1957 Code
of Ordinances]
[Amended 6-14-1966 by Ord. No. 512; 8-10-1971 by Ord. No.
622; 4-16-1974 by Ord. No. 668]
It shall be the duty of each and every person
or persons, partnership, association, firm or corporation owning any
lot within the limits of the Borough of Milton fronting or abutting
upon any public street therein, when so required as hereinafter provided,
to grade, pave or repair the sidewalk abutting such lot or lots. Every
sidewalk hereafter constructed or reconstructed shall be constructed
or reconstructed of concrete to the specifications adopted from time
to time by the Borough Council. Existing sidewalks, constructed of
a material other than concrete, such material having been authorized
for use in sidewalk construction at the time of construction thereof,
may be repaired by use of the same material, but when, in the opinion
of the Borough Manager, any such sidewalk is to be reconstructed,
such reconstruction shall be of concrete as hereby required for newly
constructed sidewalks; provided, however, that the owner of any property,
upon his own initiative and without notice from any Borough authority,
shall be authorized to grade, pave, repair or reconstruct a sidewalk
in front of or abutting his property, on condition that he shall first
notify the Borough Manager of his intention so to do and shall obtain
from the proper Borough authority the lines and grades of such sidewalk
and shall conform to all the applicable Borough specifications and
all the provisions of this article that would be applicable had such
grading, paving, repairing or reconstruction have been done upon notice
from the Borough; provided further, however, that the portion of any
sidewalk which is a part of a private residential driveway and which
said driveway does not exceed 18 feet in width may be constructed
of amiesite in a manner which shall conform to specifications adopted
by the Borough Manager; provided further, however, that the portion
of any sidewalk which is a part of a commercial driveway may be constructed
of amiesite in a manner which shall conform to specifications adopted
by the Borough Manager, upon approval by the Borough Council. The
width of all sidewalks constructed within the area of the Borough
zoned C-2 shall be at least six feet, and the width of all sidewalks
in all other areas of the Borough shall be at least four feet.
Whenever the sidewalk has not been paved or
where the pavement already laid differs from the established grade
and from the adjacent pavements so as to render the same dangerous
to life or limb or inconvenient for public travel or wherever a sidewalk
heretofore laid has become so out of repair as to be unfit for use
and dangerous to life or limb or inconvenient for public travel, Milton
Borough may require the owners of said property to grade, pave or
repair such sidewalk within 15 days from the service of notice so
to do as hereinafter provided. Such notice shall state the width of
said sidewalk and the material to be used in construction or repair
of the same. The grade for such pavement shall be furnished to the
owner of said property upon application to the Street Commissioner.
All such notices shall be signed by the President
of Council and Town Clerk and shall be served upon the owner of the
premises to which such notice refers, if such owner is a resident
of the Borough. If the owner is not a resident, then the notice may
be served to the agent or tenant of the owner or upon the occupant
of said premises. If the owner has no agent, tenant or there is no
occupier of such premises, then service shall be by printed or written
notice posted upon the premises.
Upon the neglect of any owner of lots to comply
with the requirements of such notice, the Borough may, after the expiration
of the time fixed in such notice, cause the grading, paving or repairing
to be done at the cost of such owner and may collect the cost thereof
and 10% additional, together with all charges and expenses from said
owner, and may file a municipal claim therefor or collect the same
by action in assumpsit.
