[Adopted 2-10-1928 by Ord. No. 765]
As used in this article, the following terms shall have the
meanings indicated:
Any person, persons, firm, company or corporation.
[Amended 5-6-1980 by Ord. No. 80-8]
A.
Sidewalks shall be graded, paved and repaired by the owners of lots
fronting thereon as required by Council within 30 days after service
of notice.
B.
All such notices shall be served upon the owner of the premises to
which the notices refer if such 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 be no occupier of such
premises, then service shall be by printed or written notice posted
upon the premises.
C.
Upon the neglect of any owner of such lots to comply with the requirements
as provided in the preceding subsections of this section, Council
may, after notice as aforesaid, cause the grading, paving and repairing
to be done at the expense of such owner and may collect the costs
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.
D.
Emergency repairs. When in the opinion of Council a dangerous condition
exists that can be repaired by an expenditure of not more than $25,
a notice to make the repairs within 48 hours shall be served upon
the owner of said property. If the owner cannot be served within the
County of Allegheny, a notice may be served upon the agent of the
owner or the party in possession if any there be or, if there be no
agent or party in possession, the notice may be served by posting
upon the most public part of the said premises.
E.
Upon the neglect of any such owner of lots to comply with the requirements of Council to make such emergency repairs as set forth in Subsection D of this section, Council may, after notice as aforesaid, cause the emergency repairs to be made at the cost of such owner.
F.
Upon the completion of any emergency repairs as provided in Subsections D and E of this section, 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 that a claim is filed therefor in accordance with the law provided for the filing and collection of a municipal claim.
G.
Construction standards.
(1)
All sidewalks, except those located within the revitalization area,
to wit, those sidewalks located on Lincoln Avenue between the intersection
of Lincoln Avenue and North Balph Avenue and the intersection of Lincoln
Avenue and North Jackson Avenue, shall be constructed according to
the following specifications, viz., the total depth of the sidewalk
shall be 12 inches, seven inches of rammed cinders and five inches
of one course concrete walk. The concrete shall be composed of one
part standard portland cement, two parts clean river sand and three
parts river gravel mixed and laid according to standard practice.
(2)
Those sidewalks within the revitalization area, as hereinabove located,
shall be constructed either in accordance with the specifications
set forth in this article, as amended, or by the placement of formed
compressed concrete paving stones to be installed as follows:
(a)
A subbase of 13 to 26 centimeters (five inches to 10 inches)
of compacted ground, depending upon the weight of foot traffic or
vehicles using it.
(b)
Spread six centimeters (two inches) of concrete sand over the
subbase and level, except that the finished walk shall rise 1/4 inch
per foot from the curb to the property line.
(c)
Place formed compressed concrete paving stones in position desired.
(d)
Tamp stones down in position with mechanical vibrator until
the stones are solidly in place.
(e)
Fill the joints between the stones with sand by sweeping sand
across the surface of stones.
(f)
The stones to be used must have a thickness of not less than
six centimeters (2 3/8 inches) and an area of not less than 225
millimeters by 112.5 millimeters (nine inches by 4 1/2 inches)
or 40.5 square inches and not more than 338 millimeters by 225 millimeters
(13.5 inches by nine inches) or 121.5 square inches.
(g)
In all other respects those sidewalks constituted of compressed
concrete paving stones must conform to all the provisions of this
article, as amended.
(h)
Prior to the use of compressed concrete paving stones for sidewalk
construction and sidewalk repair in those areas where construction
and/or repair is authorized by the terms of this article, a permit
for such construction and/or repair must be obtained from the Superintendent
of Public Works of the Borough, and the application for such permit
must clearly indicate which areas will be so constructed or repaired,
by what means these areas will be tied to the existing sidewalks,
and the specifications of the compressed concrete paving stones and
the manufacturer's warranty or recommendations.
A.
The width of sidewalks now in position shall remain as established
by the ordinances in force at the time of their establishment.
B.
The width of sidewalks for the streets and avenues of the Borough
not already graded and paved shall be 1/5 of the width of the street
or avenue, to wit: for a sixty-foot street or avenue, the sidewalks
shall be 12 feet in width; for a fifty-foot street, 10 feet in width;
for a forty-foot street, eight feet in width; for a thirty-foot street,
six feet in width; and the sidewalks for all other widths of streets
and avenues to have the same proportion of width.
C.
The sidewalks in front of all business houses, shops, schoolhouses,
churches and public halls shall be paved from the building or property
line to the curb.
D.
In front of private residences and unimproved property, the sidewalk
on streets 50 feet in width and upward shall be paved to a width of
five feet; streets four feet in width and less shall be paved to a
width of four feet. The center line of the paved portion shall conform
to the center line of the space between the face of the curb and the
property line.
[Amended 3-6-1984 by Ord. No. 84-4]
A.
It shall be unlawful for any person to drive any wagon, cart or other
vehicle against or over any curbstone or drive any vehicle on or over
any sidewalk without the permission of the owner of the property fronting
on said sidewalk, and it shall be unlawful to drive any vehicle over
any sidewalk without taking proper precautions not to injure or damage
said sidewalk.
B.
Any person desiring to remove any portion or portions of the sidewalks
or footways shall apply to the Superintendent of Public Works for
a permit so to do and, on the issuing of said permit, shall pay to
the Borough a sum, in an amount as established from time to time by
resolution of the Town Council, per lineal foot of pavement so disturbed
as security that the said sidewalk or footway shall be replaced in
as good condition as before removal. The sum so deposited shall be
returned to the person holding said permit as soon as the said walk
or footway shall be replaced to the satisfaction of the Superintendent
of Public Works. On failure to comply with the terms of said permit,
the Superintendent of Public Works shall make the necessary repairs
and the amount so deposited shall be forfeited to the Borough.[1]
C.
It shall be unlawful for any person or persons to congregate on and
obstruct said sidewalks or footways.
D.
It shall be unlawful for any owner, tenant or other person in charge
or possession of any property abutting on any of the streets of the
Borough, to permit the accumulation of snow, ice, earth, mud, rubbish,
etc., upon said sidewalks in front of said property for a longer period
than 24 hours.
E.
Whenever the owner of any lot cannot be found within the County and no person or persons in charge of said lot are known, the work of removing said snow, ice, earth, mud, rubbish, etc., prohibited by Subsection D of this section, shall be performed by the Borough authorities, and the costs of the same shall be filed as a lien against said lot in the name, manner and form as other municipal liens are filed.
F.
It shall be unlawful for any person to display for sale, for advertising
or for other purposes, any article of merchandise, manufactured or
unmanufactured, foodstuffs, vegetables, or any other material or materials,
whatsoever, upon the sidewalks of the Borough except by the person
in possession of the premises abutting on the sidewalk and within
a distance of not more than 2 1/2 feet from the property line.
Any person, firm or corporation who shall violate any provision of § 235-4A through C, D and F shall, upon conviction thereof, be sentenced to pay a fine of not more than $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.
