[Adopted 4-2-2001 by Ord. No. 801A]
The Borough may require owners of property abutting on any street,
including state highways, to construct, pave, repave and repair the
sidewalk, curb, and gutter along such property, at such grades and
under such regulations as may be prescribed the Borough Engineer.
Where sidewalks or curbs are to be constructed, paved, repaved,
or repaired over natural or man-made excavations, such sidewalks shall
be supported in a fashion as approved by the Borough Engineer. Any
support of wood or perishable material shall be prohibited.
All sidewalks, curbs, and gutters shall be constructed, paved,
repaved, or repaired, upon the line and grade obtained by the property
owner from the Borough Engineer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Notice to construct, pave, repave, and repair sidewalks, curbs,
or gutters shall be given by registered or certified mail, return
receipt, to abutting property owners and such owners shall have 30
days to comply with said notice in conformity with any construction
specifications prescribed by the Borough Engineer. Said notice shall
be effective as of the date said notice is delivered postage prepaid
to the U.S. Mail even if returned unclaimed. In the event a notice
is returned as undeliverable, notice shall be given by posting the
subject premises with a copy of the notice on the front door of any
residence or building or in the absence of such a door at any other
prominent location upon the premises. A posted notice shall be effective
as of the date of posting. In the event that a notice is returned
unclaimed, the premises shall be posted as provided for mail returned
"undeliverable" but the effective date of notice shall be the original
date of mailing.
At any time during the performance of the required work, the
Borough Engineer may inspect the work to determine whether construction
specifications are being observed.
A.
Upon the failure of any property owner to construct, pave, repave,
or maintain any sidewalk, curb, or gutter in compliance with notice
to do so, the Borough may do the same or cause the same to be done,
and may levy the cost of its work on such owner as a property lien
to be collected in the manner provided by law.
B.
Upon the completion of any sidewalk installation, maintenance, or
repair by the Borough, the Borough Manager shall notify the owner
of the premises abutting said sidewalk installation, maintenance,
or repair of the cost of said installation, maintenance, or repair
and further that if said cost is not paid within 30 days thereafter,
that the Borough will then enter a municipal lien against the premises
in the amount of said cost of installation together with the requisite
filing fees payable to the Prothonotary of the Court of Common Pleas
and a fee as set by resolution of the Borough Council for the preparation
of said lien by the Borough Solicitor and that interest will thereafter
be due and payable upon the total thereof at the rate of 10% per annum
from the date the work was completed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
As used in this article, the following terms shall have the
meanings indicated:
A licensed professional engineer employed by the Borough
to act as its engineer and in the absence of such an employee then
the consulting engineer appointed by Borough Council.
Any property owner not required by notice to construct, pave,
repave, or keep in repair sidewalks, curbs, or gutters, may construct,
pave, repave, or repair the sidewalk, curb and gutter abutting his
property; provided, such owner shall make application to the Borough
Engineer before commencing work, shall conform to the provisions of
this article and other regulations as to specifications for construction
and repair work and shall notify the Engineer within two days after
completion of his work.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person 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 Erie County.
