[Adopted 5-8-1973 by Ord. No. 911]
Article VII Repairs and Construction
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.
- SIDEWALK STRIP
- 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.
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.
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.
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, 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, its amendments and supplements, or by action in assumpsit or otherwise, at the option of the Borough.
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.