[Adopted 3-5-1968 by Ord. No. 93 (Ch. XX, Part 2, of the
1973 Borough Code)]
As used in this article, the following terms shall have the
meanings herein:
Includes the portion of the street located outside the cartway
and shall include the paved footway, unpaved grassplot, curb and gutter.
Every owner of property in the Borough shall, upon 60 days'
notice from Borough Council, pave or repave sidewalks, including paved
footway, curb or gutter, as specified in said notice, in the street
along which the owner's property abuts. Such paving or repaving
shall conform to Borough specifications.
Every owner of property in the Borough shall, upon 30 days'
written notice from Borough Council, repair any paved footway.
All notices provided for in the preceding sections of this article
shall state that, upon the neglect of any property owner to comply
with the requirements thereof within the time specified, the Borough
will cause the paving, repaving or repairing, as the case may be,
to be done at the cost of such owner and shall collect the cost thereof
and 10% additional, together with all charges and expenses, from such
owner, and shall file a municipal claim therefor or collect the same
by action in assumpsit. All such notices shall be served upon the
owner of the premises to which the notice refers, if the owner is
a resident of the Borough. If the owner is not a resident, then the
notice may be served upon the agent or tenant of the owner or upon
the occupant of such premises. If the owner has no agent or tenant
or there is no occupier of such premises, then service shall be by
notice posted upon the premises.
Upon the neglect of any owner to comply with any of the requirements
provided in the preceding sections of this article, the Borough may
cause the paving, repaving or repairing, as the case may be, to be
done at the cost of such owner and may collect the cost thereof and
10% additional, together with all charges and expenses, from such
owner, and may file a municipal claim therefor or collect the same
by action in assumpsit.
A.
Where, in the opinion of the Borough Engineer, a dangerous condition
exists in a sidewalk which can be repaired by an expenditure of not
more than $500, the Borough shall have the power to make emergency
repairs. Before any such repairs are made, a notice to make the repairs
within 48 hours shall be served upon the owner of the said property.
If the owner cannot be served within the County, notice may be served
upon the agent of the owner or the party in possession, or if there
is no agent or party in possession, then notice may be served by posting
the same upon such premises.[1]
B.
Upon completion of the work, the cost thereof shall be a charge against
the owner of the property and shall be a lien, until paid, upon the
abutting property, provided a claim is filed therefor in accordance
with the law providing for the filing and collection of municipal
claims. Any such charge may also be collected by action of assumpsit.
The certificate of the Borough Engineer shall be conclusive evidence
of the existence of the emergency justifying the repair under the
terms of this section.
The Borough Engineer shall prepare minimum specifications for
the paving, repaving and repair of sidewalks, said specifications
to include the grade or grades for said sidewalks, and the Borough
Secretary shall have copies of said specifications available to property
owners on request. All paving, repaving and repairs shall be made
in accordance therewith.
The owner, occupier or tenant of every property fronting upon
or alongside of any of the streets in the Borough is hereby required
to remove or cause to be removed from all of the sidewalks in front
of or alongside of such property all snow or ice thereon fallen or
formed within 12 hours after the same shall have ceased to fall or
to form, provided that snow or ice that has ceased to fall or to be
formed after 6:00 of any evening may be removed at any time before
10:00 of the next morning; provided, further, the owner of a property
shall be responsible for conforming to the requirements of this section
where such property is occupied by such owner or is unoccupied; the
tenant or occupier thereof, where such property is occupied by such
tenant or occupier only; and the owner thereof where the property
is a multiple-business or multiple-dwelling property occupied by more
than one tenant or occupier.
The area of paved footway to be cleared of snow and ice shall be of sufficient width to allow free movement of pedestrian traffic. In the event that any owner, occupier or tenant, as aforesaid, shall fail, neglect or refuse to comply with the provisions of § 380-8 or 380-9 hereof within the time limit prescribed, the Borough may proceed immediately to clear all snow and/or ice from the paved footways of such delinquents, said work to be done at the cost of the owner, and the Borough may collect the cost thereof and 10% additional, together with all charges and expenses, from such owner and may file a municipal claim therefor or collect the same by action in assumpsit. This remedy shall be in addition to the imposition of a fine or penalty.
[Amended 11-6-1973 by Ord. No. 130; 2-3-1981 by Ord. No. 191; 8-4-1981 by Ord. No. 194]
A.
No trees, shrubs, leaves or other obstructions shall be permitted within the area defined as "sidewalk" in § 380-1 hereof.
B.
No person shall rake, place or permit leaves to be in the roadway or those areas defined as "sidewalk" in § 380-1 hereof.
D.
No person, including tenants, owners or otherwise, shall permit the
growth or the existence of trees, shrubs, plants or other vegetation
to obstruct the right-of-way to any distance, and the minimum overhead
height clearance shall be 16 feet where there is an intrusion within
the right-of-way.
E.
Where it is determined by the Borough officials that there is an
obstruction or incursion within the right-of-way, then in that event
the owner, occupier or tenant shall receive a ten-day notice of the
violation, and the Borough may proceed thereafter to clear the obstruction
from the right-of-way, said work to be done at the cost of the owner
of the premises, and the Borough may collect the cost thereof and
10% additional, together with all charges and expenses, from the said
owner and may file a municipal claim therefor or collect the same
by action before the Magisterial District Judge. This remedy shall
be in addition to the imposition of a fine or penalty.
[Amended 11-6-1973 by Ord. No. 130[1]]
Any violation of or failure to comply with any provisions of
this article shall constitute a summary offense and shall subject
the violator, upon conviction thereof, to a fine of not more than
$600 and costs of prosecution and, in default of payment of such fine
and costs, to imprisonment for not more than 30 days.
