[Ord. 395, 11/12/2012, § I]
The following words, when used herein, shall have the meanings
ascribed to them in this Part, except in those instances where the
context clearly indicates otherwise:
Any person, as defined herein, who makes application for
a permit.
The Borough of Thornburg.
A fee charged for the premature excavation/opening of a road
that has been constructed or resurfaced within seven years.
Any unforeseen circumstance which calls for immediate action.
The appointed Engineer of the Borough or his authorized representative
or inspector.
The Borough Foreman of Public Works, or his or her designee.
The approval issued to an applicant to perform any work covered
by the terms and conditions of this Part.
Any person who has been issued a permit and has thereby agreed
to comply with all the terms and conditions of this Part.
Includes any natural person, partnership, firm, association,
corporation, municipal authority or any other governmental entity.
Any public street, highway, road, easement, right-of-way
or alley within the Borough, including that portion of any right-of-way
which is improved with curbs and/or sidewalks.
Any and all activities of any kind or nature conducted by
a permittee, his agents, servants, employees, contractors and subcontractors,
which involves, to any extent, any roadway of the Borough.
[Ord. 395, 11/12/2012, § I]
1.
Permit Required. No person shall make any tunnel, opening or excavation
of any kind in, on or under the surface of any roadway, without first
securing a permit from the Borough for each separate undertaking.
Any person maintaining pipes, lines or underground conduits, in or
under the surface of any roadway by virtue of any statute, ordinance
or franchise may, however, proceed with an excavation or opening without
a permit when emergency circumstances demand that the work be done
immediately for the preservation of the public health, safety or welfare,
and, provided further, that a permit could not reasonably and practically
have been obtained beforehand. Such person shall, thereafter, file
an application for a permit, in accordance with the requirements of
this Part, on the first business day of the Borough, which permit
shall be retroactive to the date on which the work was begun.
2.
Limitation. No permittee shall perform any work beyond that originally
authorized by his permit to an extent greater than 10% in excess of
that specified in the permit, unless such excess work is approved,
in advance, by either the Foreman or Engineer and the Borough is paid
any additional fees occasioned thereby. Upon completion of any additional
work which is not covered by the original permit, the permittee shall
file a revised application with the Borough reflecting the scope of
same.
3.
All bonds posted in connection with issuance of the permit shall
be deemed to cover all work which is covered by any permit issued
pursuant to this Part.
4.
The provisions of this Part shall not apply to emergency excavations
of any explanatory nature made in order to determine the location
of underground facilities; however, the person doing the work shall,
on the first day which the office of the Borough is open for business
following completion of the excavation, file an application for a
permit in accordance with the requirements of this Part, which permit
shall be retroactive to the date the excavation was begun.
5.
Commencement of Work. The work for which a permit is issued shall
be commenced within 30 days from the date of its issuance. If the
work is not commenced by that date, the permit shall automatically
be considered as revoked and, thereafter, a new permit for the work
will only be issued upon payment of a new permit fee and the renewal
of all necessary bonds. The permittee shall notify either the Foreman
or Engineer, at least 24 hours in advance, as to the date and time
when the work will be commenced.
6.
Nontransferable. A permit is not transferable by the permittee to
any other person.
7.
Expiration. A permit shall terminate at the end of the period of
the time specified in the permit or upon completion of the work, whichever
occurs first. If the permittee is unable to complete the work within
the time specified in the permit, he shall, prior to its termination,
request an extension of time from either the Foreman or Engineer,
in writing, the Foreman or Engineer to be provided with the reason
for the requested extension. If the Foreman or Engineer determines
that an extension is necessary, he may grant the permittee such additional
time as he deems appropriate for completion of the work, subject to
an extension fee of $35 or such other fee as set by resolution of
the Borough Council.
8.
Right to Use Roadway. All permits shall be issued subject to the
rights of the Borough and the public to use any roadway which is the
subject of the permit, for all purposes for which such roadway may
lawfully be used.
9.
Revocation. A permit may be revoked by the Foreman or Engineer, after
written notice to the permittee, as the result of any one of the following:
A.
A violation of any condition of the permit.
B.
A violation of any provision of this Part or any other applicable
statute, ordinance or regulation relating to the work.
C.
The existence of any condition or the doing of any act by the permittee
which constitutes or creates a nuisance or which endangers the safety
or property of the public.
D.
Written notice of the revocation shall be served upon the permittee
or his agent. The notice shall contain a brief statement of the reason
for the revocation and it shall be effective if delivered either by
personal delivery to the permittee, or his agent, or by mailing same
to the permittee at the address on the application, by placing same
in the United States Postal Service, certified mail, return receipt
requested.
[Ord. 395, 11/12/2012, § I]
1.
In order to receive a permit the applicant shall:
A.
Complete and file a written application with the Borough Secretary,
this on application form prescribed and furnished by the Borough.
B.
No work shall be commenced by the applicant until the Foreman or Engineer has approved the application and the permit has been issued, other than under those exceptions set forth in § 21-102, above, which pertain to emergency work. By the filing of the application for a permit, the applicant agrees that he shall perform the work in accordance with the terms of this Part, the permit, as issued, and all applicable laws and regulations pertaining thereto and that he shall be bound, in all respects, by the terms and conditions of this Part.
C.
If not set forth on the application form itself, the applicant shall
file three copies of all plans which show the extent of the work for
which the permit is being requested. Such plans shall include all
appropriate dimensions and other information which may be required
by the Foreman or Engineer.
D.
Pay to the Borough, at the time of filing of the application, such
fees for the permit as set forth below as may be amended or added
from time to time, by resolution of the Borough.
G.
Present evidence, if requested by the Foreman or Engineer, that all
material, labor and/or equipment necessary to accomplish the work
are available to the applicant.
H.
A copy of the permit shall, at all times while the work is in progress,
be available at the site of the work and it shall be produced, upon
demand, to any authorized representative of the Borough.
I.
Agree, by the filing of his application, to save the Borough, its
elected and appointed officials, officers, employees and agents harmless
and to indemnify all, or any of them, from any and all claims, damages,
suits, liabilities and costs which may arise, or be claimed to arise,
by reason of the work, either as authorized or as actually undertaken
by the permittee. The issuance of a permit, or the doing of any work
provided for by this Part, shall constitute the agreement, by the
person doing the work, to the provisions of this subsection, irrespective
of whether same is expressed elsewhere.
[Ord. 395, 11/12/2012, § I]
1.
No excavation in any roadway shall extend beyond the centerline of
such roadway until the surface of the initial excavation is restored
to a condition which shall provide safe and convenient access for
pedestrian and vehicular traffic. At no time will the improved part
of a roadway be completely closed to vehicular or pedestrian traffic,
unless such closing is authorized, in advance and in writing, by the
Foreman or Engineer.
2.
No more than 200 feet, measured longitudinally, of any roadway shall
be opened in any roadway until such time as the previously opened
surface of the roadway is restored to a safe and convenient condition
for vehicular or pedestrian traffic unless such opening is authorized,
in writing, by the Foreman or Engineer.
3.
No excavation shall be made, or attempted, if it shall or may interfere
with any utility lines or other underground facilities, unless the
permittee has first secured the permission of the owners of all such
facilities.
4.
The permittee shall locate all underground facilities, including
sanitary sewers, storm sewers, gas lines, water lines, telephone and
electrical conduits and all other underground facilities, sufficiently
in advance of the commencement of the work in order that damage to
any such facilities be avoided, as well as to permit their relocation,
if necessary. The permittee shall also comply with all the utility
notification requirements of applicable law.
5.
If an underground facility is damaged by the permittee, such damage
shall be repaired and/or restored by the permittee, as necessary and
in accordance with the directions of the owner of the facility.
6.
No monument of granite, concrete, iron, steel, brass or other lasting
material shall be removed or disturbed, or caused to be removed or
disturbed, without the permittee first obtaining permission, in writing,
from the Foreman or Engineer to do so, in which case the permittee
shall pay the Borough for all its expenses necessary and incidental
to all replacements of such monuments by the Borough.
7.
If a permittee shall cause any earth, sand, gravel, rock, stone or
other material to be either deposited upon or caused to roll, flow
or wash onto any roadway and there is thereby created a nuisance or
a danger to the public health and safety, the permittee shall cause
all such material to be promptly removed from the roadway. In the
event any such material is not removed within eight hours after notification
to the permittee by the Foreman or Engineer to do so, the Borough
may then take all steps necessary to accomplish such removal, the
costs of the removal to be paid to the Borough by the permittee.
8.
The permittee shall place all such barriers, barricades, lights,
warning flags, danger signs and other safety devices around the work
area as are reasonably necessary to protect the health and safety
of the public. All such safety requirements and precautionary measures
shall be based upon and conform, as applicable, to the requirements
set forth in Publication 408, Pennsylvania Department of Transportation,
latest edition and PennDOT Publication 213, "Temporary Traffic Controls
Guidelines." The permittee shall also comply with any traffic control
plan which forms part of the permit. In the event the permittee fails
to comply with the provision of this subsection, the Borough may take
the necessary steps to compel compliance, all costs incurred Borough
in so doing shall be paid to it by the permittee.
9.
At all times while the work is in progress and prior to its completion,
the permittee shall maintain safe crossings for pedestrian and vehicular
traffic at all roadway intersections and, in addition, safe crossings
for pedestrians at intervals of not more than 300 feet. Two lanes
of traffic shall, where possible, be kept open at all intersections
by the installation of covering steel plates. All such steel plates
shall be firmly secured and, where appropriate, imbedded in bituminous
material so as to withstand the normal flow of traffic. If the size
and character of the excavation makes it impractical to use steel
plates, the permittee shall so advise the Foreman or Engineer at the
time the application for the permit is filed and the work shall not
commence until the Foreman or Engineer consents to the omission of
the steel plates.
10.
The permittee shall maintain vehicular access to all private driveways,
except during working hours when construction operations prohibit
such access, the owner of any driveway which is affected to be notified
of such nonaccess, by the permittee, prior to the commencement of
the specific work. The permittee shall also insure that there is free
access, at all times, to the fire hydrants in the area covered by
the scope of the work.
11.
All excavated material shall be placed compactly along the side of
the trench so as to cause as little inconvenience and danger as possible
to vehicular and pedestrian traffic. When the Foreman or Engineer
deems it necessary, it order to expedite the flow of traffic or to
abate a dirt or dust nuisance, containment measures shall be taken
by the permittee to prevent the spread of excavated material into
traffic lanes. Temporary wooden plank walks shall be installed where
pedestrian traffic in the excavated area may cause inconvenience to
such pedestrians. If the roadway is not sufficiently wide to hold
excavated material, the permittee may use up to one-half the width
of the sidewalk along the sidewalk line for such material, the remainder
of the sidewalk to be kept open for pedestrian traffic. No excavated
material shall be permitted to enter any stormwater inlet or sanitary
sewer.
12.
The Foreman or Engineer may, in addition to the conditions set forth
herein, impose such other conditions upon the issuance of the permit
as may be reasonably necessary to protect the health and safety of
the public during the course of the work.
[Ord. 395, 11/12/2012, § I]
1.
All excavations shall be backfilled with dry, compactable material
in accordance with PennDOT specifications, Publication 408, latest
edition, and such material shall be thoroughly compacted by proper
tamping. The surface of the excavated area shall be restored to its
original or equal condition, unless permittee is authorized, by the
Foreman or Engineer, to the contrary.
2.
Existing pavement which is removed in the course of the work shall
be removed for a distance of at least one foot beyond the outer limits
of the subgrade that is disturbed, this in order to prevent settlement,
the face of the remaining pavement to be approximately vertical. A
concrete saw shall be used for all concrete pavement cuts and asphalt
paving shall be scored or otherwise cut in a straight line.
3.
An applicant shall set forth, in detail on the application, all tunneling
or boring which is contemplated under a roadway.
4.
In the event any work performed by a permittee is deemed unsatisfactory,
in the opinion of the Foreman or Engineer, and if such unsatisfactory
work is not corrected in accordance with the instruction of the Foreman
or Engineer or, if the work is not completed within the time specified
in the permit, or any extension of time thereof, the Borough may proceed
to correct such unsatisfactory work or complete any uncompleted work,
all costs thereby incurred by the Borough to be billed to and promptly
paid by the permittee or through the permittee's bond, provided
further that the Borough, in addition to any other remedy that may
possess, proceed in assumpsit against the permittee or contractor,
or may proceed against the property in a proper case to collect any
costs incurred by the Borough, along with attorney fees and court
costs and interest at 6% per annum.
5.
All backfilling, as well as all other work, shall be accomplished
by the permittee with due diligence so that no roadway is obstructed
to a greater extent or for a longer period of time than is actually
necessary. If the work is not prosecuted with due diligence or, in
the opinion of the Foreman or Engineer, it does not comply with the
terms of this Part, the permit or sound engineering practices, the
Foreman or Engineer shall so notify the permittee and the permittee
shall then be required, within three days from his receipt of such
notice, to proceed to complete the work or correct any deficiency
in the work. If the permittee does not comply with the terms of this
notice, the Borough may then proceed against the permittee who has
not complied with all the requirements of this Part relative to any
prior permits issued to him, the Foreman or the Engineer to be the
judge of such noncompliance.
6.
The Foreman or Engineer shall have the right to inspect all the work
and is also authorized to secure such outside inspection services
as may, in his judgment, be necessary in order to ensure compliance
by the permittee with the provisions of this Part and the permit.
7.
Should settlement of a restored area of the work occur within a period
of one year from the date of completion of the permanent restoration
by the permittee, such settlement shall be considered conclusive evidence
of defective work and the Borough may then take all action necessary
to correct the condition, the cost of such corrective action to be
paid the permittee or through the permittee bond.
8.
The Borough shall not, in any way, be responsible for any part of
the work which is either omitted or improperly done by the permittee,
and no officer or employee of the Borough is authorized to assume
any jurisdiction of or responsibility for such part of the work, except
when same becomes necessary in the exercise of the police power of
the Borough in order to protect the public health and safety.
9.
If, in the judgment of the Foreman or Engineer, traffic conditions
or the public health, safety or convenience require that any part
of the work be performed as emergency work, the Foreman shall have
the authority to require that the permittee provide sufficient labor,
material and facilities on a twenty-four-hour basis to complete that
part of the work as soon as possible.
10.
The construction standards and details set forth in Appendix 21-1-A
hereto must be followed unless the Borough Engineer approves a variance
from the same.
[Ord. 395, 11/12/2012, § I]
The applicant shall provide a certificate of insurance to the
Borough, as part of its application for the permit, same to reflect
that the contractor, subcontractor or any other entity who shall actually
perform the work under the permit is insured against all claims for
bodily injury, including death, as well as all claims for property
damage, any of which may arise out if its performance of the work.
This insurance shall include completed operations and underground
coverages and it shall name the Borough as an additional insured.
The Foreman or Engineer may require increased limits in the insurance
coverage based upon the nature and extent of the work; however, the
minimum limits for bodily injury, including death, shall be $500,000
for each person and $1,000,000 for each occurrence and a minimum of
$250,000 for property damage for each occurrence.
[Ord. 395, 11/12/2012, § I]
1.
Requirements. Each applicant shall provide the Borough, prior to
issuance of the permit, with a permit bond to guarantee full performance
of the work authorized by the permit, the form of the bond to be substantially
that supplied to the Borough. The amount of the bond shall equal the
cost to complete the work, as estimated by the Foreman or Engineer,
including a maintenance bond guaranteeing the work for a period of
one year from the date of its completion but, in no event, shall any
such bond be in an amount less than $1,000. All such bonds shall have,
as collateral thereto, either a cashier's check payable to the
Borough or a corporate surety acceptable to the Borough. The Foreman
or Engineer may, in the event that multiple permits are to be issued
to the same permittee, permit the applicant to furnish one bond which
shall be in such amount and subject to such terms as the Foreman or
Engineer deems necessary to cover all the work to be done by the applicant
under all such permits.
2.
Default. In the event the Foreman or Engineer determines that there
has been a default in the performance of the work, it shall give written
notice of the default to the permittee and its corporate surety, if
any, on the bond. The notice shall state the action which is to be
taken to correct the default, the estimated cost of correction and
the time deemed reasonably necessary for its completion. If a notice
of default is issued to a permittee, the Borough may condition issuance
of future road opening permits to such permittee upon submission of
cash security or a letter of credit in place of the bond required
herein, and may deny issuance of a permit in a case where timely correction
of a default is not undertaken.
3.
Correction of Default. In the event that, after receipt of the notice
of default, the default shall not be corrected by the permittee within
five days, then, in the case of a corporate surety, the surety shall
be required, within the time specified, to either cause the required
corrections be made or, in the alternative, pay over to the Borough
a sum equal to the estimated cost determined by the Foreman or Engineer
for the making of the corrections. Upon receipt of such funds, the
Foreman or Engineer shall then proceed to have the work completed;
however, no liability shall be incurred by the Borough as a result
of any such action taken by it, other than its responsibility to see
to the proper expenditure of any funds so received by it.
4.
Forfeiture of Cash Bond. Should the permittee have posted a cashier's
check, as collateral to the bond, the Borough shall have the right,
either following or in the course of its completion of the work, to
use such portion of the funds represented by said check as are necessary
to pay all costs and expenses incurred by it, any part of such funds
remaining thereafter to be returned to the permittee.
5.
Term. The effective term of a bond shall commence on the date of
issuance of the permit and it shall continue, in full force and effect,
until a date one year from the date of approval of the final restoration
of the work by the Foreman or Engineer.
6.
Annual Bond for Utilities. Public utilities may be required or permitted
to post an annual bond with the Borough, at the discretion of the
Foreman or Engineer. The form and amount of the annual bond shall
be determined by the Engineer or Foreman based on the amount, nature
and frequency of road openings and the permittee's prior experience,
if any.
[Ord. 395, 11/12/2012, § I]
If, in the opinion of the Foreman or Engineer, the work to be
undertaken is such that it will affect any property which abuts or
adjoins the area of the work, the Foreman or Engineer may require
the permittee to give notice of the same to the owners and/or tenants
of each such affected property. In the case of disruption to electric,
gas, phone, water or cable services, the permittee will inform the
Borough Emergency Management Coordinator, the Foreman and the Borough
Engineer of the expected commencement and length of such disruption,
such notice to be given at a time not earlier than 48 hours and not
later than 24 hours before the disruption begins. Absent such notice,
no disruption of said services may commence, without approval of the
Borough Engineer or Foreman.
[Ord. 395, 11/12/2012, § I]
The permittee shall provide the police and fire departments
operating within the Borough with a copy of any permit which prohibits
or restricts the flow of traffic on any roadway and the permittee
shall be responsible for coordination between itself and the police
and fire departments in order that the public safety be protected
during the course of the work.
[Ord. 395, 11/12/2012, § I]
Any person, partnership, firm, corporation or any other entity
which shall violate any provision of this Part shall, upon conviction
thereof, be sentenced to pay a fine of not more than $1,000; and/or
to suffer imprisonment for a term not to exceed 90 days. Each day
that any violation of any provision of this part continues shall constitute
a separate offense.
[Ord. 332, 6/10/1991]
Whenever it shall be determined proper and necessary by the
Council of the Borough of Thornburg that sidewalks shall be constructed
and paved along the public highway of the Borough, the Council shall
by ordinance lay out and fix the grade of said sidewalks.
[Ord. 332, 6/10/1991]
Upon the enactment of such ordinance, the Ordinance Officer
of the Borough shall serve written notice upon the owners of property
abutting on said public highways, requiring them to construct and
pave such sidewalks within 90 days from the date of such notice. The
sidewalk shall be constructed in the manner and under the specifications
as hereinafter set forth.
[Ord. 332, 6/10/1991]
From and after the passage of this Part, all existing sidewalks
within the Borough found to be defective or in need of repaving or
repairs shall be repaved and/or repaired by the owners of the lots
fronting or abutting thereon, after receipt of and in accordance with
the terms of a notice to be issued and served as hereinafter set forth.
[Ord. 332, 6/10/1991]
An existing sidewalk shall be deemed defective and/or in need
of replacement, repaving or repair whenever, by reason of being uneven,
cracked, broken or otherwise defective, such sidewalk becomes hazardous
or presents a danger or risk in use by a pedestrian while walking
or jogging and/or in the normal use of sidewalks with tricycles, baby
strollers and the like.
[Ord. 332, 6/10/1991]
The need for and the type of repairs or repaving to be made
to existing sidewalks under the provisions of this Part shall be determined
by the Ordinance Officer and the Borough Engineer appointed from time
to time by the Borough of Thornburg.
[Ord. 332, 6/10/1991]
The Ordinance Officer of the Borough of Thornburg shall make
periodic, but at least annual, inspections of all existing sidewalks
in the Borough of Thornburg.
[Ord. 332, 6/10/1991]
Upon determination of the need for repaving or repairs to existing
sidewalks, the Ordinance Officer shall give notice of the type and
extent of the sidewalks repairs and/or repaving required under the
provisions of this Part. Such notice shall be served upon the owner
of the property abutting the defective sidewalk. All repaving or repairs
required shall be completed within 60 days of the date of the notice.
[Ord. 332, 6/10/1991]
In the event that the owner of the property is a resident at
the property, service of the notice shall be made to the owner at
the property. In the event that the owner is not a resident, then
notice shall be served upon the tenant or occupant of the property.
[Ord. 332, 6/10/1991]
Notice to be served under the provisions of this Part by the
Ordinance Officer shall set forth the defects found, the type and
extent of the repairs required and that such repairs must be completed
within 60 days of the date of the notice.
[Ord. 332, 6/10/1991]
In the event that the owner of the premises for which a defective
sidewalk notice has been given desires to contest the determination
of the Ordinance Officer that the sidewalk is defective, such owner
shall have a right within five days to appeal such determination to
the Borough Engineer. The Borough Engineer, after personal inspection,
shall within seven days of the date of any such appeal make a determination
of approval or disapproval of the finding of the Ordinance Officer
and shall note his/her determination by endorsement on a copy of the
initial notice with notification thereof to the owner by mail.
[Ord. 332, 6/10/1991]
The failure of the owner of the property to comply with the
provisions of any notice served under the provisions of this Part
within a period of 60 days shall be considered a violation of this
Part, and the Borough shall have the right to have the repairs and
repaving required under the notice to be done at the cost of such
owner and shall thereafter collect the cost thereof, together with
10%. The provisions of this section shall not be considered exclusive,
and the Borough, in addition, may proceed for the violation of this
Part as hereinafter provided.
[Ord. 332, 6/10/1991]
The cost and charges together with penalties shall be collected
from the owner either by the filing of a municipal claim and lien
therefor in accordance with law or by civil action for the collection
of the same. A certificate as to cost, expenses and penalties of the
Borough Secretary shall be conclusive as to the costs of such repairs
and repaving.
[Ord. 332, 6/10/1991]
In lieu of the procedure set forth above, the Borough may prepare
specifications for and obtain quotations by way of competitive proposals
or sealed bids, as required by law, for the installation, repaving,
repair or replacement of sidewalks required under the provisions of
this Part. Such proposals and/or bids may be received and contracts
let for work thereunder by the Borough Council after notice to all
affected owners of property that the Borough intends to undertake
such work and shall, in lieu of assessment for failure to perform
such work by owner or owners of property, apportion the cost of such
contract or contracts to each property owner in the proportion that
the cost of such work on each owner's property bears to the entire
cost of such contract or contracts. If any property owner fails to
respond to such notice or refuses to participate in the owner's
proportionate cost of such contract or contracts, the sidewalks situated
on such owner's property shall be installed, repaved, repaired
or replaced and costs assessed in accordance with other sections of
this Part.
[Ord. 332, 6/10/1991]
It shall be unlawful for any person to tear up, destroy, remove,
deface, excavate, install, repair or repave any sidewalk along the
public highway of the Borough, whether after notice by the Borough
to make repairs or repaving or otherwise, except in accordance with
a sidewalk permit duly issued by the Ordinance Officer after written
application to him.
[Ord. 332, 6/10/1991]
The installation, repaving, repair or replacement of sidewalks
required under the provisions of this Part shall be installed, completed
and done in accordance with specifications prepared by the Borough
Engineer and accepted by Borough Council.
[Ord. 332, 6/10/1991]
Whenever any sidewalk is to be installed or repaved under the
provisions of this Part at an intersection, and it is determined necessary
and in the best interest of the Borough of Thornburg for the benefit
of commerce or the use by the handicapped, then, in that event, the
repaving or installation required under this Part shall include the
gradual grading of concrete from the established grade of the sidewalk
to street level upon plans and specifications prepared by the Borough
Engineer.
[Ord. 332, 6/10/1991]
Notwithstanding the foregoing, when, in the opinion of the Borough
Engineer, a dangerous condition exists on any sidewalk within the
Borough of Thornburg which has an immediate effect upon the safety
or public welfare of the Borough and such dangerous condition can
be repaired by an expenditure of not more than $500, a notice to make
such repairs within 48 hours shall be served upon the owner of the
property abutting or fronting upon the defective sidewalk in the manner
hereinabove set forth. In the event that such emergency repairs are
not made within 48 hours, the Borough shall have the right to make
such repairs and charge the costs thereof against the owner of the
property, which charge shall be collected in the manner herein set
forth.
[Ord. 332, 6/10/1991; as amended by Ord. 357, 12/13/1996, § 96-24; and by Ord. 387, 12/14/2009]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 30
days. Each day that a violation of this Part continues shall constitute
a separate offense.
