[Ord. 204, 9/4/1935,
§ 1]
All sidewalks, curbing and gutters hereafter laid or relaid
on or along any Borough street or alley shall be of concrete unless,
by express authorization, Council allows the use of other material.
[Ord. 204, 9/4/1935,
§ 2]
It shall be the duty of the Borough Engineer to furnish, without
cost, to any property owner who is about to lay or relay sidewalks,
curbing or gutters the respective proper grades, locations and widths
of the same by appropriate markings upon the ground.
[Ord. 204, 9/4/1935,
§ 3]
The grade of all gutters shall be set by the Borough Engineer
at the time of laying or relaying of the same, said grade to provide
for proper flow of surface waters to sewer or other appropriate outlets.
[Ord. 204, 9/4/1935,
§ 4]
The grade of curbs and sidewalks shall be that set by the particular
ordinance establishing the same for any street or alley.
[Ord. 204, 9/4/1935,
§ 5]
The width and location of sidewalks, curbing and gutters shall
be that set by the particular ordinance establishing the same for
any street or alley.
[Ord. 204, 9/4/1935,
§ 6]
Any property owner who shall lay or relay or cause or allow to be laid or relaid any sidewalk, curbing or gutter contrary to the provisions of § 21-241 to 21-245 of this Part 2C shall, by direction of Council, be given by notice 30 days within which to conform to the provisions of said sections. Upon neglect of any property owner to comply with said provisions within the 30 days as aforesaid, the Council may direct the necessary work to comply with said provisions to be done at the cost of such owner. The cost of such necessary work, together with 10% additional, and all charges and expenses, shall be collected from the said owner, either by municipal claim or action in assumpsit in the manner provided by law.
[Ord. 204, 9/4/1935,
§ 7]
Ordained sidewalks, curbs or gutters shall be laid or relaid
by the property owners upon notice from the Council within 60 days
after receipt of such notice.
[Ord. 204, 9/4/1935,
§ 8]
Repairs to sidewalks, curbing or gutters, unless the same be
deemed emergency repairs, as hereinafter provided, shall be made by
property owners upon notice from the Council within 30 days after
receipt of said notice.
[Ord. 204, 9/4/1935,
§ 9]
Emergency repairs to sidewalks shall be in charge of the Borough
Manager. The Manager shall file a certificate with the Borough Secretary,
setting forth the necessity, place and character of said repairs,
whereupon notice shall be served to make repairs within 48 hours.
[Ord. 204, 9/4/1935,
§ 10]
Emergency repairs to sidewalks shall be made where a dangerous
condition exists and the cost of doing repair work does not exceed
$25. The certificate of the Manager of the Council shall be conclusive
evidence of the existence of the emergency justifying the repairs.
[Ord. 204, 9/4/1935,
§ 11]
All notices required by the terms of this Subpart 2C shall be
served upon the owner of the premises to which the notice refers,
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 is no occupier of such premises, service
shall be by printed or written notice posted upon the premises.
[Ord. 204, 9/4/1935,
§ 12]
In the event of failure of any property owner to lay, relay,
repair or make emergency repairs to curbing, sidewalks or gutters
within the time required by the terms of this Subpart 2C, the Council
shall direct that said work be done at the cost of the said owner
and shall collect the cost thereof, and 10% additional, together with
all charges and expenses, from such owner, either by municipal claim
or action in assumpsit in the manner provided by law.
[Ord. 204, 9/4/1935,
§ 13; as amended by Ord.
No. 1134, 10/18/2022]
Every owner who shall desire to alter the location, width or
grade of any sidewalk, curbing or gutter for the purpose of opening
a driveway or for any other purpose shall, before beginning such alteration,
file with the Borough Codes Officer a detailed drawing showing the
full nature and extent of such proposed alteration. The Borough Codes
Officer shall, within 30 days of receipt of a complete detailed drawing,
grant or deny a permit for the proposed plan. If the Borough Codes
Officer denies the issuance of a permit, the reason therefor shall
be given to the applicant. The Borough Codes Officer shall review
the detailed drawing provided for compliance with this chapter and
with the Zoning Ordinance of the Borough of Stroudsburg, Pennsylvania.
[Ord. 204, 9/4/1935,
§ 14; as amended by Ord. 599, 12/19/1983; and by Ord. No. 1134, 10/18/2022]
Any person who shall alter or cause to be altered the location,
width or grade of any sidewalk, curbing or gutter without filing the
drawing as aforesaid or without securing the permit as aforesaid for
said alteration shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300, together with costs of prosecution,
or to imprisonment for a term not to exceed 30 days.
[Ord. 204, 9/4/1935,
§ 15; as amended by Ord.
No. 1134, 10/18/2022]
Any owner making or allowing an alteration of curbing, sidewalk or gutter not in conformity to drawings filed as aforesaid, or without the permit as aforesaid, shall, in the discretion of Council, restore said sidewalk, curbing or gutter to the location, width or grade existing before said alteration. Upon failure of restoration, at the direction of the Council, said owner shall be given 30 days' notice, as hereinbefore provided, to complete the said restoration. At the expiration of the said 30 days, the Council may direct that said work be done at the cost of the said owner, as provided in § 21-252.
[Ord. 204, 9/4/1935,
§ 16]
Whenever any departure from established grade, location or width of sidewalk, curbing or gutter exists by reason of driveway or other construction and such is, in the opinion of the Council, no longer necessary or practical, the owner shall, after notice, as provided in § 21-247 hereof, reconstruct the same to conform to the established width, location or grade; and in default thereof by the owner, the work shall be done at the cost of the owner as provided in § 21-252 hereof.
[Ord. 204, 9/4/1935,
§ 17]
Any property owner desiring, or directed by Council, to construct
curbing and gutters may make application to the Council to bear a
portion of the costs of construction. The Council may, in its discretion,
pay not more than one-half of the costs of construction and the grading
incident thereto from general Borough funds.
[Ord. 204, 9/4/1935;
as added by Ord. 743, 5/1/1996]
The adjacent property owner shall be required to repair and
maintain all sidewalks, curbs and gutters as set forth in subsequent
sections of this Part. Any work completed by the Borough and accepted
by the property owner shall be considered to be work done by the property
owner, who shall be responsible for all further maintenance of said
work.
