[Ord. No. 2017-256, 4/4/2017]
1.
It shall be the duty of all owners of property abutting or adjacent
to any street, including state highways, to keep and maintain the
sidewalk, driveway opening or apron, curb ramps and curb abutting
or adjacent to such street or highway in good order, condition and
repair in accord with the standards as established and prescribed
from time to time by resolution of the Council.
2.
The Borough of New Stanton may require owners of property abutting
or adjacent to any street, including state highways, to construct,
reconstruct and keep in good repair the sidewalk, driveway opening
or apron, curb ramps, curb and gutter along or adjacent to such property,
at such grades and under such regulations as may be established and
prescribed from time to time by resolution of the Council.
[Ord. No. 2017-256, 4/4/2017]
Where sidewalks, driveway openings or aprons, curb ramps or
curbs are to be constructed, reconstructed or repaired over openings,
chambers or other excavations, such sidewalks, driveway openings,
aprons, curb ramps or curbs shall be supported by iron or steel beams,
girders, stone or concrete arches. Any support of wood or perishable
material shall be prohibited.
[Ord. No. 2017-256, 4/4/2017]
All sidewalks, driveway openings or aprons, curb ramps or curbs
and gutters shall be constructed, reconstructed or repaired upon the
line and grade obtained by the property owner from the Borough Engineer.
[Ord. No. 2017-256, 4/4/2017]
Notice to construct, reconstruct and repair sidewalks, driveway
openings or aprons, curb ramps, curbs or gutters shall be given by
registered or certified mail to abutting property owners, and such
owners shall have 30 days to comply with said notice in conformity
with any construction specifications as established and prescribed
from time to time by resolution of the Council.
[Ord. No. 2017-256, 4/4/2017]
At any time during the performance of any required work, the
Borough Engineer may inspect the work to determine whether construction
specifications, standards and regulations are being kept and observed.
[Ord. No. 2017-256, 4/4/2017]
Upon the failure of any property owner to construct, reconstruct,
keep or maintain any sidewalk, driveway opening or apron, curb ramps,
curb or gutter in compliance with notice to do so, the Borough may
do the same or cause the same to be done, and upon the completion
of the work, the cost shall be a charge against the owner of the property
and shall be a lien, until paid, upon said property, and further,
the Borough may levy the cost of such work on such owner as a property
lien and claim to be filed and collected in the manner provided by
law for the filing and collection of municipal claims. The charge
may also be collected by action of assumpsit.
[Ord. No. 2017-256, 4/4/2017]
Where in the opinion of the Borough Engineer a dangerous condition
exists that can be repaired, the Borough shall provide such property
owner with a written notice, by registered or certified mail, setting
forth the emergency repairs that are required. Upon failure, refusal
or neglect of such owner to comply with the notice within 48 hours
after receiving the same, and where the actual cost of doing the work
does not exceed $1,000 (as certified by the Borough officer or head
of the department or committee in charge of repairs to sidewalks),
the Borough may make or cause to be made such emergency repairs, and
may levy and assess the cost of such work on such owner as a property
lien and claim to be filed and collected in the manner provided by
law for the filing and collection of municipal claims. The charge
may also be collected by action of assumpsit. The aforesaid certificate
of the Borough officer or head of the department or committee in charge
of repairs to sidewalks shall be conclusive evidence of the existence
of the emergency justifying the repair.
[Ord. No. 2017-256, 4/4/2017]
Any property owner not required by notice to construct, reconstruct
or keep in repair sidewalks, driveway openings or aprons, curb ramps,
curbs or gutters may construct, reconstruct or repair the sidewalk,
driveway opening or apron, curb ramps, curb and gutter abutting his/her
property, provided such owner shall make application to the Borough
Engineer before commencing such work; shall conform to the provisions
of this Part and other regulations of the Borough concerning specifications,
standards and regulations for construction, reconstruction and repair
work; and shall notify the Engineer within two days after completion
of the work.
[Ord. No. 2017-256, 4/4/2017]
Definitions. As used in this Part, the following terms shall
have the meanings indicated, unless a different meaning clearly appears
from the context:
Portion of a street or highway improved, designed, or ordinarily
used for vehicular travel, exclusive of the berm or shoulder.
Snow, ice, sleet, freezing rain or similar precipitation
or any combination thereof.
Natural person, partnership, corporation, association, or
any other legal entity.
Portion of a street or area between the curblines, or the
lateral lines of a cartway, and the adjacent property or lines, designed,
constructed or intended for use by pedestrians.
Include any street, road, lane, court, cul-de-sac, alley,
public way and public square, either used for or intended for public
use, and shall include the cartway, sidewalk, gutter, and the right-of-way
area, whether or not the street, or any part of the street, is owned
in fee by others than the Borough.
[Ord. No. 2017-256, 4/4/2017]
1.
Every person owning, occupying, in charge of or control of any property,
building or lot of land fronting or abutting on an improved sidewalk,
whether as owner, tenant, occupant, lessee, or otherwise, shall remove
and clear away or cause to be removed or cleared away hazardous precipitation,
as well as any mud or other debris created by or from such hazardous
precipitation, from such sidewalk so as to create a path of at least
30 inches in width on said sidewalk as is in front of or abuts on
said property, building or lot of land.
A.
Except as provided in Subsection 1B hereof, hazardous precipitation shall be removed from sidewalks within 12 hours after the cessation of any fall of hazardous precipitation.
B.
In the event hazardous precipitation on a sidewalk has become of such a condition that removal of the same is likely to cause damage to the sidewalk, then the person responsible for its removal shall, within the time provided in Subsection 1A hereof, undertake other measures to make pedestrian travel on the sidewalk reasonably safe and shall, as soon thereafter as weather permits, cause to be cleared a path on said sidewalk of at least 30 inches in width.
[Ord. No. 2017-256, 4/4/2017]
Every person in charge or control of any property, building
or other structure, whether as owner, tenant, occupant, lessee, or
otherwise, shall remove and clear away, or cause to be removed and
cleared away, any accumulation of hazardous precipitation on said
property, building or other structure which is liable to fall onto
any sidewalk, street or other public property. Such work shall be
completed within a reasonable time, but not later than 12 hours after
the cessation of any hazardous precipitation.
[Ord. No. 2017-256, 4/4/2017]
No person shall deposit or cause to be deposited any hazardous
precipitation on or immediately next to a fire hydrant or on any sidewalk,
street, or loading and unloading areas of a public transportation
system, except that hazardous precipitation may be pushed, placed
or mounded by the Borough on public cartways incident to the cleaning
thereof or pushed, placed or mounded on curbs incident to the clearing
of sidewalks in business districts. A violation of this provision
shall constitute a public nuisance.
[Ord. No. 2017-256, 4/4/2017]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600, and/or to imprisonment for a term not to exceed 30 days. Each
day that a violation continues shall constitute a separate offense.
[Ord. No. 2017-256, 4/4/2017]
If any word, phrase, section, sentence, clause or part of this
Part is for any reason found to be unconstitutional, illegal or invalid,
such unconstitutionality, invalidity or illegality shall not affect
or impair any of the remaining words, phrases, sections, sentences,
clauses or parts of this Part. It is hereby declared to be the intent
of the Borough Council of the Borough of New Stanton that this Part
would have been adopted had such unconstitutional, illegal or invalid
word, phrase, section, sentence, clause or part thereof not been included
therein.
[Ord. No. 2017-256, 4/4/2017]
All ordinances or parts of ordinances inconsistent with this
Part are hereby repealed.
