[Adopted 3-21-1977 by Ord. No. 1231 (Ch. 181, Art. II, of
the 1994 Code)]
[Amended 8-1-1994 by Ord. No. 1433]
Every person desiring to erect a mansard roof over a sidewalk
of the Borough shall first submit detailed plans and specifications
therefor to the Building Inspector of the Borough and obtain a permit
for the same, if approved. No mansard roofs shall be so erected without
first having been so permitted. Such applicant shall sign an application
for such permit and shall pay to the Borough a sum as set forth from
time to time by resolution of the Borough Council to cover the cost
of issuing such permit and making inspections hereafter provided for.
The Borough Manager and Building Inspector are hereby empowered
and directed to require of any applicant for a permit to erect and
maintain a mansard roof over any sidewalk of the Borough and of the
owners of all mansard roofs now erected and maintained a liability
insurance policy to be issued by an approved and reputable insurance
company, insuring the Borough or insuring the Borough as the primary
insured and the owner of the mansard roof in the sum of not less than
$10,000 for injury to one person and not less than $20,000 for injury
to more than one person against all loss, injury and damage that may
thereafter be caused, directly or indirectly, by and in the erection,
maintenance, defect or falling of such mansard roof for which a permit
has been or may be hereafter issued. The Borough Manager or Building
Inspector shall refuse to issue the permit in the case of failure
to deliver to him or her the insurance policy required by this section.
Such policy shall be filed with the records of the Borough. Each such
policy shall be kept in force during the life of the mansard roof
to which it relates. Renewal endorsements shall be delivered to the
Borough as in the case of the original policies.
All mansard roofs shall be at least seven feet above the sidewalk
and shall not extend out further than 18 inches beyond the inner line
of any sidewalk in the Borough. All mansard roofs shall be erected
in accordance with proper engineering and construction procedures.
[Amended 8-1-1994 by Ord. No. 1433]
All mansard roofs in the Borough shall be maintained in a safe
condition by the owners thereof. Any mansard roof in an unsafe condition,
with the reasons stated therefor, may be ordered to be removed by
the Building Inspector of the Borough. If any mansard roof is, in
the opinion of the Building Inspector, not being maintained in a safe
condition and in accordance with the provisions of this article, the
Building Inspector shall give notice, in writing, to the owner of
such mansard roof to remove the same within 10 days, and, upon failure
of the owner to comply with such notice, such mansard roof shall be
removed by the Borough at the cost of the owner. The cost and expense
incurred by the Borough in effecting the removal of any mansard roof,
as herein provided, shall be collectible from the owner in like manner
as debts are now or may hereafter be collectible by law.
[Added 8-1-1994 by Ord. No. 1433[1]]
Any person, firm or corporation who violates or permits a violation
of this article shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced and committed to the Borough correctional facility
for a period not exceeding 10 days or to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this article in equity in the Court of Common Pleas of Allegheny County.
