[Amended 2-9-2006 by Ord. No. 1180]
As used in this article, the following terms shall have the meanings indicated:
- The raised edge serving as a border between the sidewalk and the part of the highway or roadway that is adapted to the use primarily of or is ordinarily and primarily used by motor vehicles.
- A. In the case of land, any person who holds a legal or beneficial interest in the land. The records of the Allegheny County Recorder of Deed and the Allegheny County Office of Tax Assessment shall be prima facie proof of the identity of the owner.
- B. In the case of property other than land. any person who is in lawful possession thereof.
- Any individual, corporation. society, association, partnership, firm or other entity and any and all successors, heirs, executors, administrators or other legal representatives of a person.
- Includes land.
- That part of a highway or roadway especially adapted to the use of or ordinarily used by pedestrians and includes that part of the highway between the curb (or, where there is no curb, the edge of the part of the highway or roadway that is adapted to the use primarily of or is ordinarily and primarily used by motor vehicles) and the adjacent property line, whether or not paved or improved.
Every person who is an occupant or owner of a residence, house, shop, building, lot, parcel of land or other property that adjoins or is abutting to or on a sidewalk and/or curb in the Borough of Homestead is hereby charged with the responsibility to keep, at all times, such sidewalk and/or curb in good and safe condition and repair, free from defects and debris.
In addition to any penalty set forth in § 255-13 of this Part 1:
Failure of any person who is an occupant or owner to maintain a sidewalk or curb in the manner required by § 225-2 of this article may result in the Borough of Homestead undertaking or contracting for all remedies and repairs necessary to place said sidewalk or curb in good condition and repair, free from defects and debris, and the costs of such remedies and repairs shall thereupon be assessed against the property and the property owner to the fullest extent provided for by law in such cases.
Persons who are owners and/or occupants of a residence, house, shop, building, lot, parcel of land or other property that adjoins or is abutting to or on a sidewalk and/or curb shall be liable for any and all claims made by any person due to bodily injury or property damage proximately caused by failure of an occupant or owner to maintain said sidewalk and/or curb in accordance with the requirements of § 225-2 of this article. The Borough of Homestead shall not be liable for any such claims and shall be indemnified in full by said owners and/or occupants in the event the Borough of Homestead pays all or any part of any such claim.
Every sidewalk and/or curb shall be constructed, reconstructed or repaired in accordance with specifications adopted by the Borough Council. All new sidewalks and curbs constructed by an owner or occupant shall be constructed in accordance with the line and grade established by the Borough Engineer. All existing sidewalks and curbs reconstructed or repaired shall be reconstructed or repaired in accordance with the existing line and grade, unless such line or grade is changed by the Borough Engineer. It shall be the duty of the owner in all instances to make inquiry of the Borough Engineer respecting such line and grade and for ensuring compliance with the Borough Engineer's line and grade requirements.