[Adopted 3-10-1964 by Ord. No. 281; amended
in its entirety 12-10-2002 (Ch. 80, Art. IA, of the 1983 Code)]
[Amended9-12-2017 by Ord.
No. 2017-04]
It shall be the responsibility of every property
owner within the Borough, as and when so required by resolution of
Council, to construct, maintain and repair all sidewalks, curbs and
gutters located on, adjacent to, or benefiting the owner's property.
The owner or owners of any lot or lots in the Borough adjacent to,
benefited by or with sidewalks, curbs and/or gutters in the public
right-of-way shall maintain such sidewalks, curbs and/or gutters in
a safe and passable condition, free of tripping hazards and obstructions.
The said owner or owners shall repair any defects in such sidewalks,
curbs and/or gutters and remove any obstructions which make them unsafe
or impassable to pedestrians.
A.
Owners of land within the Borough adjacent to, benefited
by, or on which sidewalks, curbs and/or gutters are constructed, and
persons in possession of any such premises, shall properly maintain,
in accordance with criteria developed by the Borough Engineer and
approved by resolution by Borough Council, such sidewalks, curbs and/or
gutters and shall be responsible for the repair thereof in a manner
satisfactory to the Borough. All sidewalks, curbs and/or gutters or
sections thereof hereafter constructed, reconstructed or repaired
shall conform to the requirements of this article.
B.
The obligation of maintenance shall include, but not
be limited to:
(1)
Repair of holes and repair of cracks having a width
in excess of 1/2 inch at any one point along a length of one foot
or greater.
(2)
Maintenance of a constant grade.
(a)
Repair shall be made when one or more sections
of this sidewalk and/or gutter rises above or drops below the grade
of the edges of immediately adjacent sections resulting in an irregular
surface with depression greater than 1/2 inch in depth.
(b)
Repair shall be made when the curb is out of
vertical alignment with the adjacent curb or an adjacent section or
slab of sidewalk in excess of 3/4 inch.
(c)
Repair shall be made when the curb is out of
horizontal alignment with the adjacent curb in excess of 1/2 inch.
(3)
Repair of any section of sidewalk that has spalling
on 25% or more of its surface.
(4)
The removal of leaves, tree limbs, grass clippings,
debris, cinders, gravel, grits, or any other refuse on such sidewalk
or projecting branches and other obstructions below six feet eight
inches above the sidewalk. The property owner shall be responsible
for the prompt removal of any such items whether or not such items
were deposited by the owner, the owner's tenants, anyone acting under
the owner's direction, control, license or any third person. Such
leaves, tree limbs, grass clippings, debris, cinders, gravel, grits
and other refuse shall be properly bagged and disposed of upon being
removed from such sidewalk. The sweeping or other removal of such
items onto a Borough street is prohibited.
(5)
Repair of any other instance which may create a pedestrian
safety hazard as determined by Borough Council.
Notice to reconstruct, repair, and or replace
existing sidewalks, curbs and/or gutters, due to unsafe conditions,
shall be provided in writing to the owners of the property containing
said sidewalks, curbs and/or gutters. Such owners shall have 60 days
in which to reconstruct, repair or replace said unsafe conditions,
except where repairs are required, which in the opinion of Borough
Council, are of an emergency nature, such repairs shall be made within
96 hours of said notice. As and when Council shall deem it necessary
for the safety or convenience of the public or the protection of streets
and property that a sidewalk, curb and/or gutter be constructed, reconstructed
or repaired either preparatory to or after making of street improvements,
it shall, by resolution, direct such construction, reconstruction
or repair along such properties as shall be therein designated by
specific or general description. Promptly after the adoption of such
resolution, the Borough Secretary shall give written notice of said
resolution to the owner or owners of each property affected thereby
and requiring that the work be done in accordance therewith. If the
60 days conclude after November 15, then said repairs shall be made
on or before April 30 of the year following said notice.
Any notice required to be given under this article
shall be given in the manner prescribed by the Borough Code. If the
property shall be unoccupied and if the owner lives outside the Borough
and the owner's address is known to the Secretary, the notice shall
be given to such owner by personal service or registered mail also.
Any property owner, upon the owner's own initiative
and without notice from any Borough authority, may repair a sidewalk,
curb and/or gutter along the owner's property, provided that such
owner shall have obtained the permits specified in this article and
shall do such repairs in accordance with the requirements of this
article.
All sidewalks, curbs and/or gutters hereafter
constructed or reconstructed on any street or alley of the Borough,
whether constructed voluntarily or upon direction of Council pursuant
to the provisions of this article, shall conform to specifications
as may be adopted from time to time by resolution of Council.
[Amended 6-12-2007]
For the purposes of this article, that portion
of any sidewalk which constitutes a portion of a driveway may be constructed
of concrete or brick, but also may, at the discretion of the property
owner, be constructed with the same material used in the remainder
of said driveway, provided such surface is asphalt, bituminous paving
or similar surface.
[Amended 6-12-2007]
No person or group of persons, partnership,
corporation or other entity shall commence the construction or reconstruction
or repair of any sidewalk, curb and/or gutter in the Borough without
first making application for and securing a permit therefor from the
Borough. Permits shall be issued by the Borough Secretary or other
person designated by Borough Council in accordance with the applicable
provisions, provided that any deviation from the standards set forth
herein or adopted by resolution of Council must be submitted to the
Borough for review and Council for approval.
A.
A permit shall be required for patching or repair
of existing sidewalks, curbs and/or gutters.
B.
As used in this article, "reconstruction" shall mean
the complete replacement of sidewalk, curb, and/or gutter to either
existing or new line and grade.
C.
Any permit issued under this article shall be null
and void unless work is commenced within six months of its issuance.
If work is commenced within said six-month period and abandoned within
one year of the date of issuance of the permit, said permit shall
be null and void. Up to two ninety-day extensions of time may be granted
by the Borough Secretary or other person designated by Borough Council
for cause shown after written application for such extension.
Upon the neglect of any owner or owners of property
to reconstruct, repair or replace existing sidewalks, curbs and/or
gutters in a safe and usable condition, the Borough shall, after notice
as herein provided, cause the reconstruction, repair or replacement
of said sidewalk, curb, and/or gutter to be done at the cost of such
property owner or owners and shall collect the costs thereof, together
with all charges and expenses plus 10%, from such owner and/or owners,
and may file a municipal lien therefor in the Court of Common Pleas
or collect the same by action in assumpsit according to the Acts of
Assembly of the Commonwealth of Pennsylvania pertaining thereto.
[Amended 6-12-2007]
If any sidewalk, curb and/or gutter shall be
reconstructed, repaired or replaced without conforming to the requirements
of this article, or of any other ordinance or law, the Borough may
require the owner of the premises and other persons responsible for
such construction to remove the faulty sidewalk, curb or gutter as
a nuisance, and replace it with conforming construction and, on failure
of such person to do so within such time, as the Borough may proceed
to do so and collect the cost thereof plus 10% by entry of lien or
otherwise.
Any person who violates or permits a violation
of this article shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys’ fees incurred by
the Borough in the enforcement proceedings. Upon judgment against
any person by summary conviction, or by proceedings by summons on
default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense, and each section of this
article that is violated shall also constitute a separate offense.
In addition to or in lieu of enforcement under this section, the Borough
may enforce this article in equity in the Court of Common Pleas of
Lancaster County.
