[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.
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.
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.
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.