[Adopted 6-8-2023 by Ord. No. 582.[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Obstructions and Encroachments, adopted 8-8-1963 by Ord. No. 308, as amended.
A. 
As used in this article, the following terms shall have the meanings indicated:
PERSON
Any natural person, partnership, association, firm or corporation.
B. 
The singular shall include the plural and the masculine shall include the feminine and the neuter.
A. 
Hereafter, it shall be unlawful for any person to construct any opening into a cellar which shall occupy or open into any portion of any street, public alley or sidewalk in the Borough of Ligonier. All cellarways, cellar steps and cellar doors constructed and located prior to the enactment of this article and occupying or opening into any portion of a sidewalk may continue to be maintained and used under the following conditions:
(1) 
All cellarways opening into and encroaching upon a sidewalk, where the direction of the steps is at right angles to the length of the sidewalk, shall be securely covered with iron doors closing flush with the surface of the sidewalk and such doors shall at all times be kept in a safe and secure condition and shall be kept closed at all times between sunset and sunrise and at all other times when the cellar steps are not being used.
(2) 
All cellar steps located along a building, where the direction of the steps is parallel to the length of the sidewalk, shall be surrounded on two sides by substantial metal railings.
B. 
Hereafter, it shall be unlawful for any person to construct or locate or place any step or steps leading upward from a sidewalk to a porch or building where any portion of any such step shall be located upon the sidewalk, provided that any step or steps constructed and located prior to the enactment of this article may continue to be maintained and used, provided that no such step or steps shall extend more than four feet into a sidewalk, in the case of a sidewalk nine feet wide or wider, or more than two feet into a sidewalk, in the case of a sidewalk less than nine feet in width.
A. 
It shall be unlawful for any person to place or maintain any awning or similar structure, any part of which extends over or above any sidewalk, unless every part of such awning shall be at least three feet from the curbline and at least seven feet above the surface of the sidewalk.
B. 
It shall be unlawful for any person to construct or locate any portion of a building or any porch, bay or jut window, enclosure or other structure, or part thereof, except as specifically permitted by §§ 135-3 and 135-13 of this article, any part of which shall extend into or be located or encroach upon any sidewalk, street, or alley in the Borough of Ligonier.
C. 
It shall be unlawful for any person to construct, erect or locate any fence or wall, or to plant or maintain any hedge along any sidewalk, street or alley in the Borough of Ligonier when any part of such fence, wall or hedge shall be closer than one foot to the property line.
D. 
It shall be unlawful to place or construct a sign or post which encroaches on or limits clearance above any sidewalk or Borough right-of-way, or to place a power cord, water hose or similar obstruction across or along a sidewalk.
Any cellarway, cellar door, step, awning, porch, bay or jut window, enclosure, fence, wall or hedge or other structure or building, or part thereof, located or maintained in conflict with any of the provisions of this article shall be removed by the owner of the property where such obstruction or encroachment is maintained within 10 days after notice from the Borough Council to do so and, in default of such removal by such property owner within such time limit, the Borough may cause the same to be removed and may collect the cost of removal, together with a penalty of 10%, from such defaulting property owner.
Any person who shall violate or fail to comply with any of the provisions of this article shall, upon conviction thereof before the Magisterial District Judge, be sentenced to pay a fine of not more than $300 and costs of prosecution for each and every such offense and, in default of payment thereof, to imprisonment in the county jail for not more than 30 days, provided that each day that a violation or failure to comply shall continue shall constitute a separate offense.