Exciting enhancements are coming soon to eCode360! Learn more 🡪
City of Warren, PA
Warren County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Code
New Laws (4) Index
[Adopted 8-21-2017 by Ord. No. 1896[1]]
[1]
Editor’s Note: This ordinance repealed former Art. V, Sidewalk Maintenance, adopted 7-17-2017 by Ord. No. 1894, as amended.
The intent of this article is to provide standards by which sidewalks may be adjudged deficient and to provide standards for their installation, repair, and maintenance. The City desires to assure that sidewalks located within its borders are safe for use by City residents and the general public.
As used in this article, the following terms shall have the meanings indicated:
ADA
The Americans with Disabilities Act of July 26, 1990,[1] as may be amended from time to time.
CITY
The City of Warren, Warren County, Pennsylvania.
CODE OFFICIAL
Individual(s) authorized by the City Manager to enforce the provisions of the Property Maintenance Code as adopted by City Council and to perform other duties as assigned.
DPW DIRECTOR
The City's Director of the Department of Public Works or a designee named by the City Manager.
OWNER
The owner(s) of real estate upon which a public sidewalk is constructed or the owner of real estate adjacent to a street right-of-way upon which a public sidewalk is constructed. In the event that the property is owned by a corporation, partnership, or other entity, it shall mean, respectively, an officer of the corporation, a partner, or a member of the entity.
PENNDOT
The Pennsylvania Department of Transportation.
PUBLIC SIDEWALK
Any sidewalk now existing or hereafter constructed in the City which is used, or available for use, by the general public. Examples of the sidewalks included in this definition are sidewalks which are adjacent to street rights-of-way and any sidewalk that provides an access to a public building or other place open to the general public. Examples of sidewalks which are not included within this definition are sidewalks that lead from a public sidewalk to a private dwelling or building or any other sidewalk not open to the general public.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
The owner of property adjacent to or upon which a public sidewalk has been constructed or is hereafter constructed shall be responsible to maintain the sidewalk in accord with this article and any amendments thereto.
A. 
Inspection of public sidewalks to determine their condition shall be under the direction of the City's Building Code Official. Whenever, in the judgment of the Code Official, any sidewalk shall be in need of repair to make it safe and usable, the Code Official shall cause a written notice to be given to the owner of the property abutting the portion of public sidewalk to be repaired. Said notice shall include a description of the repair(s) to be made. The owner, upon receiving such notice, shall cause the repair(s) to begin within 14 days from the receipt of said notice. All repairs shall be completed within 30 days of the date of the notice. Owner(s) may submit a written petition to the Code Official requesting an extension of the time to commence or complete repairs. The Code Official shall have the discretion to extend the time to commence and/or complete repairs, but in no case shall an extension beyond 120 days be granted without approval of the City Manager. In the event that the owner fails to have such repair(s) made, the City may cause such repair(s) to be made and collect the costs therefor, including reasonable attorneys' fees and penalties, from the owner in a manner provided for by law.
B. 
Notwithstanding the foregoing, repair or replacement of defective public sidewalks shall not be required during traditional nonconstruction months (November through March), except on an emergency basis, as determined by the Code Official, although notice and a time limit may be given.
C. 
In any case where repair or replacement is not immediate, clear and obvious notice of the defective condition must be given to the public by the owner by use of signs, barriers, or fluorescent orange paint applied to the defective surface.
A public sidewalk which exhibits one or more of the following conditions shall be deemed, for purposes of this article, to be unsafe and in need of repair:
A. 
Surface deterioration. Surface deterioration refers to the cracking, spalling, and/or deterioration of the sidewalk material. A sidewalk section must be repaired when one or more of the following conditions are present:
(1) 
Twenty-five percent or more of the exposed horizontal surface has cracked, chipped, or crumbled;
(2) 
Underlying aggregate is exposed and creates peaks and valleys to a depth at any point of 1/4 inch or more below the original surface; or
(3) 
Sixteen square inches or more have deteriorated or have developed a hole at least 1/4 inch deep in the surface.
B. 
Horizontal alignment. A sidewalk shall be repaired when a crack within a section or a joint between two adjacent sections has separated to a distance of 1/2 inch or greater or when the edges of a crack are chipped or broken to create surface openings of 1/2 inch or more.
C. 
Holes. Sidewalks having one or more holes measuring two inches or more in any horizontal dimension and at least 1/2 inch in depth.
D. 
Vertical alignment. Any crack or sidewalk section exposing a vertical edge measuring greater than 1/4 inch shall be repaired. A sidewalk section that is raised or lowered exposing not more than 1/4 inch change in level may be vertical and without edge treatment.
E. 
Missing sidewalk. A concrete sidewalk slab or other sidewalk material that is missing is deemed defective and shall be replaced.
F. 
Joints and surface areas of sidewalks shall be maintained so as to prohibit the growth of surface vegetation.
All owners of property abutting any paved street shall, upon 30 days' written notice from the City Council, lay a public sidewalk or sidewalks conforming to the regulations of this article and any amendments thereto. Where curbs and gutters are not already provided, Council may authorize the construction and installation of curbs and/or gutters. The cost of installation of curbs and/or gutters shall be assessed to the abutting property owners on the basis of the front-foot rule of assessments. Should any owner fail to comply with a notice to lay a sidewalk pursuant to the requirements of this article, the DPW Director may cause the necessary work to be done under his direction, and the City shall collect from the owner such costs, including reasonable attorneys' fees, in a manner provided for by law.
A. 
Specifications for new or replacement public sidewalks/driveway aprons.
(1) 
Public sidewalks shall be constructed in accordance with the specifications and standard construction drawings as established by the City of Warren and as may be amended from time to time.
(2) 
All new or replacement sidewalks or curb ramps must meet the most-recent requirements of the Americans with Disabilities Act (ADA).
B. 
Public sidewalk repairs.
(1) 
In most cases, sidewalk repair will involve removal of an entire block section and replacement in accordance with the specifications for cement concrete sidewalks and driveway aprons. Deteriorated material must be removed down to sound concrete and the area must be thoroughly cleaned before repair.
(2) 
Sidewalk or apron repair may utilize optional repair alternatives, provided that such alternative eliminates the hazardous condition. Such alternatives may consist of one of the following techniques:
(a) 
Grinding. Where transverse edges of the sidewalk are slightly misaligned vertically, this offset may be effectively transitioned by grinding the high edge to make a smooth transition. This technique may be attempted only if the concrete is sound and not deteriorated or otherwise subject to breaking, cracking, or spalling.
(b) 
Vertical block adjustment. Where an entire sidewalk block has settled, repair may be attempted by carefully lifting the entire block, excavating and placing aggregate subbase to effectively prepare a foundation in accordance with specifications for concrete sidewalks and driveway aprons. After a secure foundation is installed at a correct elevation, the existing block should be carefully returned to its original location. Sand is to be placed and broomed into joints around the perimeter of the block. Sand placement is to be repeated as necessary to maintain fixed joints and perimeter.
(c) 
Use of coating manufactured for the type of repair needed.
[Amended 10-16-2017 by Ord. No. 1898]
If the roots of a tree located in the area between the curb and the sidewalk have caused disruption to the sidewalk to the point that repair or replacement of the sidewalk is necessary, the City Arborist shall make a determination as to the viability of such tree, and:
A. 
If the tree is not viable, the City or the property owner may cause the tree to be removed. The City will provide and plant a replacement tree if such is requested by the property owner.
B. 
If the tree is viable, the City or the property owner, with the permission of the City, may trim the root(s) only to the degree which is necessary to stop further interference with the sidewalk; or
C. 
The width or course of the sidewalk may be altered when the standard width and/or course interferes with any tree and/or roots. The altered width and/or course of the sidewalk shall be determined by the Director of the Department of Public Works and the Director of the Codes Department.
Owners planning to repair sidewalks shall make application for a sidewalk repair permit. Such application must be filed with the Code Official. The Code Official shall issue or deny a permit within five business days of receipt of a permit application. During construction, reconstruction, or repair of sidewalks, the property owner shall cause proper barricades and warning lights surrounding the area where such work is underway to be placed. The fee for the sidewalk repair permit shall be as established from time to time by resolution of City Council.
No public sidewalk, or portion thereof, may be permanently removed without the permission of City Council. A demolition permit issued by the City shall be required for the permanent removal of any public sidewalk.
In the event that the public sidewalk is not repaired within the time period specified within the repair notice or if the owner is found to have violated any other provisions of this article, then the owner of the property adjacent to or upon which the public sidewalk is located shall be in violation of this article and, upon conviction thereof by a Magisterial District Judge, shall be sentenced to pay a fine of not more than $1,000 together with the cost of prosecution and, upon default of payment of fine and costs, imprisonment for not more than 30 days. Each day the defective condition continues after the expiration of the repair notice shall constitute a separate violation.
The owner of properties abutting sidewalks shall at all times keep said sidewalks clear of all dirt, debris, and refuse and open and unobstructed for use of the public. Any owner failing to comply with or violating the provisions of this section shall, upon conviction thereof by a Magisterial District Judge, be fined not more than $1,000 for any one offense, recoverable with costs, and in default of payment of said fine and costs, be sentenced to a term of imprisonment not to exceed 30 days. Each day the sidewalk remains obstructed constitutes a separate violation. The City may cause the removal of any such obstruction, dirt, debris, or refuse and collect the costs thereof from the owner in a manner provided for by law. An administrative fee in an amount to be established from time to time by resolution of City Council shall be paid to the City for each invoice rendered for the costs of said removal of obstruction, dirt, debris, or refuse.
A. 
The owner of any property, whether occupied or unoccupied, which abuts any street upon which public sidewalks exist shall keep the sidewalk abutting such property free from snow and ice in a manner that will permit the safe use of said sidewalk by the public in accordance with the provisions of Subsections B through F of this section. This requirement shall also apply to the sidewalk as it extends from a corner lot to the curbline of an intersecting street.
B. 
Snow and ice shall be removed from public sidewalks in the following areas within six hours after the cessation of any fall of snow, sleet, or freezing rain:
(1) 
All areas zoned C-1, Commercial.
(2) 
Pennsylvania Avenue between Water Street and South Street.
(3) 
Market Street between Pennsylvania Avenue and Fifth Avenue.
C. 
Snow and ice shall be removed from all public sidewalks not regulated by Subsection B of this section within 12 hours of the cessation of any fall of snow, sleet, or freezing rain.
D. 
Snow and ice shall be removed from all sidewalks regulated by Subsections B and C of this section a minimum of once per calendar day in the event of continual precipitation. This shall also include any subsequent accumulation of snow, slush, or ice due to drifting or melting conditions.
E. 
Snow and ice shall be removed to a minimum width of five feet and must meet the cleared area of adjoining properties so as to provide a continuous five-foot cleared passage. Shoveled snow and ice may be deposited in the area between parking meters and may not be placed in the street.
F. 
If the snow or ice on a sidewalk has become so hard that it cannot be removed without the likelihood of damage to the sidewalk, it shall be treated with enough deicer, salt, or sand to make pedestrian travel thereon reasonably safe within the time stated in Subsections B through D of this section. As soon thereafter as weather permits and as the deicing agent has made removal possible, the sidewalk shall be thoroughly cleared. The use of hazardous materials or materials which may cause damage to the sidewalk is prohibited.
G. 
For the purposes of this section, each fall of snow, sleet, or freezing rain shall constitute a separate event. The onset of subsequent precipitation prior to the expiration of the specified time shall not exempt any person from compliance with Subsections B through F of this section for removal of accumulations occurring as a result of prior events unless the subsequent precipitation is so substantial as to make removal under Subsections B through F impractical or unsafe.
H. 
All-terrain vehicles, outfitted with lights and flags so as to be clearly visible, may be used in the City to clear sidewalks of ice and snow. Such use of all-terrain vehicles must be conducted in a manner so as to ensure the safety of those traveling in the area being cleared.
I. 
Any owner failing to comply with Subsections B through G of this section within the time allotted, following notice from the City to remove accumulated snow and/or ice from sidewalk areas, shall be subject to a fine of not more than $1,000 for any one offense plus recoverable costs.
J. 
Upon expiration of the time allotted in the notice to remove snow and/or ice, each day thereafter that snow and/or ice remains shall constitute a separate violation of this section.
K. 
In addition to the remedies provided above and after the twelve-hour notice has been given with no action by the owner, the City may cause the removal of such accumulated snow and/or ice and collect the costs thereof from the owner in a manner provided for by law. An administrative fee in an amount to be established from time to time by resolution of the Warren City Council shall be paid to the City of Warren for each invoice rendered for the costs of said snow removal.
No person shall place, allow, or cause to be placed snow or ice upon any roadway, public sidewalk, crosswalk, or municipal right-of-way, nor shall it be placed upon the lands of any property near, adjoining, or across the street from the property from which the snow or ice has been removed without the owner's consent. No such person shall place snow or ice in a manner that will obstruct or impede vehicular or pedestrian traffic or block access to any roadway, sidewalk, crosswalk, or municipal right-of-way. No person shall place snow or ice upon, or within three feet of, any fire hydrant. In the event that the plowing of snow or ice in a driveway cannot reasonably be accomplished without moving some snow or ice onto a roadway, sidewalk, crosswalk, or municipal right-of-way, such snow or ice shall be immediately plowed back onto the property from which it was removed.
[Amended 4-19-2021 by Ord. No. 1956]
Except as otherwise provided in this chapter, no steps, areaways, vault holes, cellar doors, basement windows, or artificial structures shall be allowed or permitted to encroach upon or project beyond the inner line of any public sidewalk. The City shall have the power to remove any such encroachments or projections at the cost of the owner of the premises, and any person violating this section shall be, upon conviction thereof by a Magisterial District Judge, sentenced to a fine of not more than $1,000 plus costs.
All ordinances or parts of ordinances that are inconsistent herewith are hereby repealed to the extent of such inconsistency.
The provisions of this article are severable. If any sentence, clause, or section is for any reason found to be unconstitutional, illegal or invalid, such decision shall not affect the validity of any of the remaining provisions of this article.
This article shall become effective 10 days following publication of notice of its adoption.