[Adopted 11-13-1990 by Ord. No. 1990-9 (Ch. XVI, Part 2A, of the 1996
Code of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
That representative appointed by the Borough Council in lawful
session to administer the sidewalk program. The authorized representative
may also be referred to as the "Inspector."
The Borough of Montgomery, Lycoming County, Pennsylvania.
Authorized representative.
The portion of a street outside the cartway and shall include
paved footway, unpaved grassplot, curb and gutter.
Includes any public street in the Borough of Montgomery.
Every owner of property which abuts any street in the Borough
shall, upon notice from the Borough Council or other authorized representative
of the Borough, grade, construct, drain, pave, or repave the sidewalk
in the manner stipulated in such notice, in compliance with the provisions
of this article, and within the time specified in such notice.
Borough reserves the right to adopt, from time to time, specifications,
rules, regulations, permit requirements and fee schedules as it shall
deem necessary and proper relating to curbs and sidewalks; which,
to the extent appropriate, and shall be construed as a part of this
article.
A.
No person, firm or corporation shall cause any sidewalk to be obstructed.
B.
A permit shall be obtained from the Borough Office prior to the commencement
of any construction, reconstruction, replacement, repair or obstruction
of any sidewalk. The permit fee shall be established by this governing
body, from time to time, by resolution.
C.
All sidewalks shall be constructed, reconstructed and repaired in
accordance with the specifications and rules and regulations as determined
from time to time.
Any property owner, upon his own initiative and without notice
from the Borough, may construct, reconstruct, or repair a sidewalk
in front of or alongside his property, provided he conforms with the
provisions of this article and has obtained a permit.
Whenever any property owner shall fail to construct, reconstruct
or repair any sidewalk within the time limit specified by the Borough
or, having undertaken to construct, reconstruct, or repair any sidewalk
either on his own initiative or following notice from the Borough
to do so, shall fail to conform strictly to the proper line and grade
and to all other requirements of this article the Borough may cause
such construction, reconstruction or repair, or correction of any
deficiency, to be done at the cost of such property owner, and may
collect the cost thereof and 15% additional, together with all charges
and expenses, from such property owner, and file municipal claim therefor
or collect the same by action of assumpsit.
The Borough shall institute an appeals procedure as part of
its rules and regulations.
