[Adopted 5-8-1973 by Ord.
No. 911]
For the purpose of this Part 4, the terms used herein are defined
as follows:
The portion of a street located outside the cartway, including
the paved footway, the unpaved grass plot and the curb and gutter,
if any.
The portion of a street bounded by the curbline and the owner's
property line. Owners shall be responsible for proper maintenance
of all portions of the sidewalk strip in accordance with relevant
ordinances and regulations of the Borough.
It shall be the duty and responsibility of each owner of property
abutting any street or state highway in the Borough to install sidewalks
and curbs in the sidewalk strip, at grades and of materials corresponding
to regulations and specifications adopted by the Borough Council,
when notified so to do by the proper Borough officers, in accordance
with this Part 4. It shall also be the duty and responsibility of
such owner to keep such installations in proper repair and properly
drained.
A.
The owner shall have 30 days following the giving of official notice
in which to complete the making of needed repairs or reconstruction
in accordance with specifications on file in the office of the Borough
Secretary at the Borough Hall, Ridley Park. Pennsylvania.
B.
Where the situation calls for the immediate safeguarding of the public,
the Borough shall give the owner or occupant of the premises such
notice as is possible under the circumstances and may take such corrective
action as the circumstances warrant, including the making of emergency
repairs at the owner's expense.
C.
The work called for under this section shall be completed as expeditiously
as possible. Upon the owner's default or in case of unreasonable
delay, the Borough may take such action as is authorized by law and,
at its option, may cause the work to be done at the owner's expense
in accordance with the Borough Code.
[Amended 10-21-2003 by Ord. No. 1131]
In connection with all projected work involving sidewalks, curbing
and/or draining the sidewalk strip or constructing or repairing driveways
crossing the same, the owner shall make application for the necessary
permit, in accordance with the Building Code,[1] its amendments and supplements, and before commencing
physical work shall notify the Borough Secretary so that an authorized
representative of the Borough may inspect the site, verify the lines
and grades and establish that Borough specifications are to be complied
with. Such opportunity for prior inspection shall thereafter be given
before any important element of the construction is covered over or
installed. Failure to afford the opportunity for such inspection and
supervision of the work during progress shall entitle the Borough
to employ other means of verifying compliance, at the owner's
expense.
Where an owner fails to comply with notice duly given under
this Part 4, the Borough shall have the right to cause the same to
be done at the cost of such owner, together with charges and expenses
authorized by law, with 10% added in accordance with the Borough Code.
The Borough may collect all such charges and expenses in accordance
with the Municipal Claims Act of 1923,[1] its amendments and supplements, or by action in assumpsit
or otherwise, at the option of the Borough.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
The owner shall comply with the special specifications pertaining
to driveways, to be furnished him by the Borough Secretary. The finished
grade of the portion of such driveway which coincides with the sidewalk
shall be of the same grade and width as the sidewalk. All the provisions
of this Part 4 of compliance with notices, supervision by Borough
officers and the prompt completion of the work shall be applicable
to the construction of driveways crossing sidewalks or sidewalk strips.
No driveway may be constructed without first obtaining a permit to
do so.
[Amended 10-21-2003 by Ord. No. 1131]
Violations of this Part 4 shall subject the violator to a fine
or penalty not to exceed $600 and to imprisonment as provided by the
Borough Code. Each day's continuance of a violation, after notice
as provided in this Part 4, shall constitute a separate offense. If
the violator is a tenant or occupant of the premises or an agent or
employee thereof or a contractor of the owner, he or they shall likewise
be subject to such penalties for violation. In addition, the Borough
shall have all other remedies available at law or in equity.
