[Adopted 1-18-1960 by Ord. No. 743 (Ch.
21, Part 2, of the 1996 Code)]
Every owner of real estate in the Borough of
Jersey Shore shall, on 10 days written or printed notice from the
Borough Council, construct, reconstruct or repair a sidewalk, which
shall conform to all the requirements of this article, along the street
abutting such property. Any property owner who shall fail, neglect
or refuse to construct, reconstruct or repair a sidewalk, as provided
in any such notice, within the time limit prescribed therein, shall
be guilty of a violation of this article, and upon conviction thereof,
subject to the penalty prescribed herein.
[Amended 11-8-1971 by Ord. No. 880]
All sidewalks shall be constructed, reconstructed
or repaired of concrete only, according to specifications adopted
from time to time by the Borough Council. Provided, where the existing
sidewalk abutting upon any property is of flagstone and at least 2/3
of such sidewalk is in good repair, such sidewalk may be repaired
with flagstone. Provided further, where a sidewalk traverses a driveway
of a premises used for a commercial purpose and where such driveway
is used for consumer vehicular access to the premises, the portion
of such sidewalk within the confines of the driveway may be constructed
of bituminous concrete, according to specifications adopted from time
to time by the Borough Council.
All sidewalks hereafter constructed, reconstructed
or repaired shall be paved to a width of at least five feet, except
in a location where the existing sidewalk, or all of the existing
sidewalks on the same block, had been lawfully constructed to a different
width, in which case the width of the sidewalk to be constructed,
reconstructed or repaired shall conform to that of the existing sidewalk
or sidewalks. Provided, in special cases, Council, at its discretion,
may authorize a sidewalk narrower than would otherwise be required
hereby, where the terrain or existing buildings or natural features
would render strict conformity to the general requirements hereof
impracticable; but in case any such building shall in the future be
changed or the terrain or natural features altered so as to change
the special conditions of the area, such sidewalk shall be made to
conform to the minimum width prescribed herein.
All sidewalks fronting or abutting on and along
any of the streets in the Borough shall be curbed with concrete, and
such curbs shall be kept in repair at the cost and expense of the
owners of the real estate abutting thereon. All such property owners
are hereby required to lay and construct a good and substantial concrete
curb, according to plans and specifications adopted from time to time
by the Borough Council, not less than six inches in thickness, not
less than the bottom of the gutter in depth, and in sections of not
less than 10 feet in length, to be laid to the grade and lines furnished
by the officer or employee of the Borough designated by the Council
for the purpose. Such curb shall be completed within 10 days after
written or printed notice from the Council to construct or repair
the same, as the case may be.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No.
4-96]
Upon request of the owner of any abutting property,
the work of construction, reconstruction or repair of a sidewalk or
curb may include the construction of a driveway leading from the street
across the sidewalk. A special permit shall be obtained from the Borough
Secretary before any driveway may be constructed. Such driveway shall
be laid at such grade or grades as will conform with the sidewalk,
will not stop or interfere with the flow of water in the gutter and
will not constitute a source of danger to pedestrian users of the
sidewalk. Where a driveway is constructed, the entire space between
the curb and the sidewalks shall be of concrete. Any driveway requiring
access to a highway under the jurisdiction of the Department of Transportation
shall require a highway occupancy permit from the Department of Transportation
pursuant to § 420 of the Act of June 1, 1945, P.L. 1242,
No. 428, known as the "State Highway Law."[1]
[1]
Editor's Note: See 36 P.S. § 670-420.
Whenever the Borough shall require that any
sidewalk or curb be constructed or repaired, or any sidewalk be reconstructed,
the officer or employee of the Borough designated by the Council for
the purpose shall designate, mark and fix the width, height and grade
of such sidewalk and/or curb by posts or stakes. Whenever the Borough
shall require that any sidewalk be repaired, such officer or employee,
upon request of the owner of the abutting property, shall place any
stakes or posts needed to mark and fix any width, height or grade.
Any sidewalk or curb so constructed, reconstructed or repaired shall
conform in every respect to the provisions of this article and to
the width, height and grade so marked and fixed. Upon completion of
any work of construction, reconstruction or repair, the property owner
shall so report to the Borough Secretary, who shall notify the officer
or employee designated by the Council to inspect and examine such
work to determine whether the same shall be in strict conformity with
all the requirements of this article. Where any sidewalk or curb,
or portion thereof, shall in any way fail to conform to any of the
provisions of this article, the owner of such property shall be responsible
for making such changes, at his own expense, as may be necessary to
bring such sidewalk or curb into strict conformity with the requirements
of this article, regardless of whether such changes would include
the removal and replacement of an improperly laid, constructed or
repaired sidewalk or curb. Provided, any property owner may, upon
his own initiative, and without notice from any Borough authority,
construct, reconstruct or repair a sidewalk and/or curb in front of
or along his property, provided that he shall first make application
to the Borough Secretary. Thereafter, the procedure set forth in this
section as to work ordered by the Borough shall be followed, and such
property owner shall be responsible for adhering to all the provisions
of this article that would have applied had he been ordered by the
Borough to construct, reconstruct or repair such sidewalk or curb.
If any property owner shall fail, neglect or refuse to construct, reconstruct or repair any sidewalk and/or curb within the time limit stated in any notice given by the Borough under this article, or if any property owner shall fail, neglect or refuse to make any change required under § 260-13 hereof to bring any sidewalk and/or curb into strict conformity with the requirements of this article, the Borough Council may cause such work of construction, reconstruction, repair or correction of defects to be done by any officer, employee or other person or persons whom it may designate. The Borough may collect the cost of such work and 10% additional, together with all charges and expenses, from such property owner, and may file a municipal claim therefor or collect the same by action in assumpsit.
[Amended 9-8-1992 by Ord. No. 10-92; 5-6-1996 by Ord. No.
4-96]
A.
Any person who shall violate any provision of this
article shall, upon conviction thereof, be sentenced to pay a fine
not exceeding $1,000 plus costs and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 30 days. Each
day that a violation of this article continues shall constitute a
separate offense.
