This article pertaining to the maintenance, care, custody and
control of alleys within the Borough is not intended to supersede
general parking regulations, emergency services ordinance, stormwater
ordinances, property maintenance requirements, or construction standards
within the Borough. To the extent that this article conflicts with
any provision of any other ordinance, then the stricter requirements
shall apply. Further, all alleys within the Borough, unless vacated
by specific ordinance or court order, shall remain public thoroughfares
open to the public.
Certain alleys contain utilities owned and operated by the Borough
for the health, safety and welfare of all residents within the Borough,
including but not limited to sewage conveyance lines and stormwater
facilities. The location of such alleys is attached hereto on a map
of the alleys within the Borough as Exhibit "A."
Due to the width, existing conditions and design of alleys the
Borough does not perform winter maintenance on unimproved private
alleys.
At any time the Borough may enter into any alley set forth on
the Borough's Official Alley Map to install and/or maintain borough
improvements and/or utilities without the need to acquire such property
or file an eminent domain action.
In the event that an emergency repair that impacts the health
safety and welfare of neighboring property owners or presents a dangerous
situation, the Borough has the right, but not the obligation, to perform
such repairs or contract for the performance of such repairs. In the
event that the Borough undertakes such obligation in alleys where
no public utilities are located, the affected property owners shall
be invoiced for such repairs. In the event that such invoices are
not paid within 30 days of the mailing of such invoice, the Borough
may file a municipal lien against those property owners who have not
paid such invoices which shall include any charges permitted by law.
In the event that a property owner, or group of property owners,
fails to perform alley repairs or fails to obtain the appropriate
permit, or fails to comply with permits issued under this article,
that property owner/owners, shall receive enforcement notices, citations,
fines and or penalties as established in the Borough's Property Maintenance
Code Ordinance. All notice provisions set forth in said ordinance, including
penalties, enforcement requirements, condemnation requirements and
notice provisions of the Borough's Property Maintenance Code Ordinance
shall be incorporated herein as if more fully set forth.