As used in this article, the following terms
shall have the meanings indicated:
SIDEWALK
A paved walkway for pedestrian traffic located along the
side of a public street.
Every owner of land abutting upon or containing
a sidewalk shall be responsible at the owner's sole cost and expense
for maintaining and repairing such sidewalks so as to prevent or eliminate
broken, raised or uneven pavement or other conditions creating a potential
safety hazard for pedestrians. The obligations of abutting owners
under this section shall not be dependent upon receipt of a notice
pursuant to this article requiring the construction or repair of sidewalks.
The notice provided for by §
166-35B may be served upon any owner residing within the Borough by personal service or by leaving the same at the owner's usual place of residence with a member of the household above the age of 14 years. If the owner is not a resident of the Borough, then the notice may be served by mailing it, postage prepaid, to the owner's post office address. If the owner's current mailing address cannot be ascertained, then the notice may be published for four weeks, once a week, in the official newspaper of the Borough.
If an owner does not comply with a notice served
in accordance with this article and due proof of service or publication
is filed in the Borough Clerk's Office, then the Borough Council may
by resolution authorize the Public Works Department to cause the required
work to be done and paid for out of municipal funds available for
that purpose.
No person shall undertake any work involving the removal, repair, reconstruction or construction of sidewalks without first obtaining all permits required by Article
III of this chapter.
If any provision, section, subsection, paragraph,
sentence, clause or phrase of this article shall be declared invalid
for any reason whatsoever, such invalidity shall not affect the remaining
portions of this article, and to this end, the provisions of this
article are hereby declared to be severable.