[Ord. 422, 6/3/1970, § 1]
From and after the passage of this Part, every person owning ground fronting or abutting upon any street in said Township, which is or shall be brought to the established grade, shall grade and pave the ground and construct curbs and gutters at the edge of sidewalks, in accordance with the provisions of this Part, and with the established lines and grades to be furnished by the Township Engineer, within 30 days after receiving the notice provided for in § 21-204 of this Part, or after service of such notice as hereinafter provided.
[Ord. 422, 6/3/1970, § 2]
It shall be the duty of all owners of ground fronting or abutting on any street in the Township of Darby to keep their sidewalks in good repair and passable condition, whether such sidewalks are at the established grade or not; and when notified to do so, they shall make all necessary repairs within 30 days after receipt of a notice as is required by § 21-204 of this Part or after the service of such a notice as hereinafter provided. When sidewalks are in a dangerous condition, they shall be temporarily repaired and rendered safe within 24 hours after the receipt of a notice to that effect, or after the service of such a notice, served as hereinafter provided, which notice shall be signed by the Building Inspector; and on failure of the owner or owners to comply with the notice, the Township shall have the necessary temporary repairs made, and the proper Township authorities shall collect the cost of the work and the materials from the owner or owners of such ground as such claims are by law recoverable.
[Ord. 422, 6/3/1970, § 3]
When any street is or shall be brought to the established grade,
and it is found that the sidewalks, curbs and gutters already constructed
do not conform to the established grade or width, or with the requirements
of this Part, it shall be the duty of the owner or owners of the ground
fronting or abutting on such sidewalks to repave or correct such sidewalks,
curbs and gutters in accordance with the proper lines and grades and
with the provisions of this Part, within 30 days after the receipt
of a notice to that effect, or after the service of such notice served
as hereinafter provided.
[Ord. 422, 6/3/1970, § 4]
All notices directing and requiring the grading, paving, repaving,
correcting or repairing of sidewalks or the construction, correcting
or repairing of curbs and gutters at the edge of sidewalks shall be
printed or written and shall specify the width to be paved and the
location to which such notice refers by leaving the same at his place
of residence or, if he has no residence in the Township, then by posting
the same on the premises and mailing a copy thereof to the owner at
his last known address.
[Ord. 422, 6/3/1970, § 5]
If any person or persons shall neglect or refuse to grade, pave,
repave or repair any sidewalk, or to construct, correct or repair
any curb or to keep the same in repair pursuant to notice given as
above mentioned, for the space of 30 days after the receipt of a notice
as required by this Part, or service of the same as hereinbefore provided,
the said Township Board of Commissioners shall forthwith cause such
grading, paving, repaving and repairing of sidewalks and such construction,
correcting and repairing of curbs and gutters to be done, and the
proper Township authorities shall collect the cost of the same, and
in addition may collect a penalty of 10% from the owner or owners
of such property by action in assumpsit or by filing a municipal lien
against the property.
[Ord. 422, 6/3/1970, § 6]
Whenever any sidewalk, curb or gutters shall be out of repair,
like proceedings shall be in all respects, and like recovery of the
cost of such repairs shall be had from the owner or owners of such
ground abutting thereon, as hereinbefore provided for, as in the case
of grading, paving, repaving, repairing, curbing or guttering.
[Ord. 422, 6/3/1970, § 7]
It shall not be lawful for the owner or owners of any property
to place, allow or maintain any encroachment upon the sidewalk fronting
or abutting on such property, such as a porch, extension, steps, railings,
fences, hedges or excavations for a basement, cellar windows or cellar
doors, unless provided with protecting grating; or to place or allow
any sign or branches of trees at less than a clear height of nine
feet above any sidewalk; provided that, in case of young trees, the
branches thereof under nine feet shall be permitted to extend over
the sidewalk a distance of not more than three feet from either the
building line or the curbline.
[Ord. 422, 6/3/1970, § 8]
Hereafter it shall be unlawful for any person, firm or corporation
to lay, construct or repair any sidewalk, curb or gutter, on any Township
street, road or highway, without having first procured a permit therefor
from the Building Inspector of the Township.
[Ord. 422, 6/3/1970, § 9]
All persons, firms or corporations laying, constructing or repairing
sidewalks, curbs and gutters on Township streets, roads or highways,
or property abutting thereon, shall lay, construct and repair said
sidewalks, curbs and gutters in accordance with specifications formulated
by the Building Inspector of the Township of Darby, whose duty it
shall be to inspect the laying and construction or repair of all sidewalks,
curbs and gutters on Township streets, roads or highways or properties
abutting thereon.
[Ord. 422, 6/3/1970, § 10; as amended by Ord. 573,
11/26/1990; by Ord. 577, 10/9/1991; by Ord. 601, 3/9/1994; by Ord.
630, 12/9/1998; and by Ord. 689, 12/8/2010]
1.
The charge for said permit shall be at the rate of $50 for the first
$1,000 of cost or fraction thereof, and $25 for each additional $1,000
of cost or fraction thereof; and provided, further, that no charge
shall be made for a permit for any work of eight linear feet or less;
and that the permit fee shall be paid to the Township Treasurer for
the use of the Township of Darby.
[Amended by Ord. 711, 12/4/2013]
2.
Double Fees. In case any work for which a permit required by this
code is started or proceeded with prior to obtaining said permit,
the fee specified in this section of this code shall be doubled, but
the payment of such double fee shall not relieve any person from fully
complying with the requirements of this code in the execution of the
work, nor from any other penalties prescribed herein.
[Ord. 422, 6/3/1970, §§ 11-13]
1.
Any persons, firm or corporation laying, constructing or repairing
sidewalks, curbs or gutters on Township streets, roads or highways
or property abutting thereon without first obtaining a permit therefor,
or laying, constructing or repairing said sidewalks, curbs and gutters
contrary to Township specifications, shall be deemed guilty of a violation
of this Part.
2.
All persons, firms or corporations applying for a permit provided
as above, upon payment of the proper permit fee, shall be furnished
with a copy of the Township specifications for the laying and constructing
of sidewalks, curbs and gutters in the Township of Darby, Delaware
County, Pennsylvania.
3.
Applications for permits required by this Part shall be made to the
Building Inspector of Darby Township.
[Ord. 422, 6/3/1970, § 14; as amended by Ord. 572,
10/10/1990]
Any person, firm or corporation who shall violate any provision
of this Part shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600, and costs, or in default of payment thereof,
shall be subject to imprisonment for a term not to exceed 30 days.
Each day that a violation of this Part continues shall constitute
a separate offense.
