[Adopted 9-21-1982 by Ord. No. 513, approved 9-21-1982[1]]
[1]
Editor's Note: This ordinance superseded former
Art. III, Grading and Paving of Sidewalks, adopted 6-22-1960 by Ord.
No. 312, approved 6-22-1960.
Whenever used in this article, unless different
meaning appears in the context, the following terms shall have the
meanings indicated:
The Borough Engineer of the Borough of Shippensburg or his
duly authorized representative.
The Borough Secretary of the Borough of Shippensburg or his
duly authorized representative.
When a sidewalk contains a hole one or more inches in depth
and four or more square inches in the area of the surface or contains
an abrupt elevation at a crack or joint, or broken sidewalk or joint,
where the differential is one or more inches between the sections
of the sidewalk or the curb contiguous thereto; when 1/2 or more of
the bricks are missing in a brick sidewalk or such sidewalk meets
the criteria above; when a concrete sidewalk is crushed and/or broken
into more than five pieces in an average square of the sidewalk or
eight square feet, whichever shall be smaller; when the surface of
the sidewalk is spalled exposing a rough surface or stone and gravel
in an area of the smaller of eight square feet or the average size
of a square of that sidewalk; when a concrete curb is cracked or broken
such that the curb has portions missing of a width one inch or more
in any one section of the curb or a vertical or horizontal misalignment
of one or more inches.
[Added 5-14-1991 by Ord. No. 600, approved 5-14-1991]
Any natural individual or individuals, firm or firms, company
or companies or corporation or corporations owning real estate in
the Borough of Shippensburg, Pennsylvania.
[Amended 5-23-1995 by Ord. No. 649, approved 5-23-1995]
Abutting property owners shall be responsible
for paving and curbing sidewalks and for keeping sidewalks and curbs
in good repair and safe condition and shall not permit hazards to
either pedestrian or vehicle traffic to exist. From time to time,
the Borough Council of the Borough of Shippensburg, Cumberland and
Franklin Counties, Pennsylvania, may exempt areas of the borough where
sidewalks and/or curbs shall be required.
All sidewalks and curbs shall be constructed,
reconstructed and repaired in the manner and with the materials set
forth in specifications determined from time to time by the borough
and in compliance with Commonwealth of Pennsylvania Act No. 56 of
the Session of 1976, approved May 20, 1976,[1] and with design specifications prepared by the Pennsylvania
Department of Transportation.
[1]
Editor's Note: See 53 P.S. §§ 1898
and 1899.
[Amended 6-15-2010 by Ord. No. 858, approved 6-15-2010]
A.
Before
any abutting property owner shall construct, reconstruct, or repair
the sidewalk or curb in front of or along their property, the proposed
line, grade, forms, and subbase shall be inspected by the Borough
before any concrete is poured.
B.
Before
commencing such construction, reconstruction, or repair, the property
owner shall obtain a permit from the Borough. The fees for said permit
shall be established by the Borough Council by resolution from time
to time. A property owner shall begin installation of any curbs and
sidewalk within 60 days of a permit being issued. If said installation
is not started within 60 days, then a new permit will be required.
A time extension may be granted by Borough Council due to extenuating
circumstances on the part of the property owner, as determined by
Borough Council.
C.
Upon completion
of the construction, reconstruction, or repair, the Borough shall
make a final inspection to verify compliance with the construction
specifications.
All property owners shall be responsible to
trim or remove trees and stumps which may create a hazardous condition
in the sidewalk or curb along such property owner's property and shall
construct or install gutters, channels, boxes or inserts in the sidewalk
in accordance with specifications determined from time to time by
the borough.
A.
Failure to comply.
(1)
Upon the neglect of any property owner to comply with
any of the requirements provided in the preceding sections, the borough
may, after 120 days' notice, cause the grading, paving, repairing,
curbing, removal of obstruction and/or guttering to be done at the
cost of such owner, and may collect the cost thereof and 10% additional,
together with all charges and expenses, from such owner, and may file
a municipal claim therefor to collect the same by action in assumpsit.
(2)
All such notices 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, then service shall be by notice posted
upon the premises.
B.
Any property owner receiving a notice, as aforesaid,
shall notify the Borough Secretary of any contract entered into for
such work within the one-hundred-twenty-day period, and upon failure
to do so, shall be responsible for any expense incurred by the borough
by reason of advertising for bids for the letting of any contract.
No curb cuts shall be made or driveway entrances
constructed on existing sidewalks in the Borough of Shippensburg without
approval of the borough, and such work shall be done in accordance
with specifications furnished from time to time by the borough.
If any property owner shall commence, or permit others to commence the paving, repaving, repairing, curbing or recurbing of any sidewalk not in compliance with this article or not in compliance with lines and grades and specifications provided by the borough, the Borough Secretary is authorized to issue a stop order directed to the property owner and serve it upon the property owner in the same manner as set forth in § 135-17. Upon service of such stop order, all paving, repaving, repairing, curbing or recurbing shall immediately cease.
The Borough Secretary shall maintain records
of all reports received of defective sidewalks and curbs and of all
notices to replace or repave issued. He shall submit to Borough Council,
from time to time, a listing of all reports of defective sidewalks
and curbs, action taken on each report received, notices given to
replace or repave and action taken by property owners in response
to said notices.
From and after the approval of this article,
any and all persons engaged in the business of constructing for another
person, who is an abutting property owner, a curb, gutter or sidewalk
in front of, or along said property located in the Borough of Shippensburg,
shall first register in the office of the Borough Secretary as a curb
and sidewalk contractor, which registration shall continue until revoked
by the Borough Secretary for cause based upon unsatisfactory work
or practices in such construction; provided, however, that nothing
herein contained shall be construed as to prevent owners of property
from personally, with or without the assistance of their own employees
or helpers, constructing a sidewalk or curb and gutter, in front of
or along their own property, without such registration, provided that
they shall first obtain a permit from the Borough Secretary. No fee
shall be charged for such registration.
Nothing in this article, including the issuing
of a permit or a compliance certificate, shall be construed to hold
the Borough of Shippensburg liable for any failure due to faulty construction
or any other act in connection with curb and sidewalk construction.
[Amended 5-14-1991 by Ord. No. 600, approved 5-14-1991]
A.
Powers. This article is intended to exercise all powers
granted to the borough under applicable laws of the Commonwealth of
Pennsylvania.
B.
Enforcement. This article shall be enforced by the
Borough Manager or such other person as he shall designate.
C.
Appeals. Individuals shall have the right to a hearing
following a decision of the Borough Manager or his designee by filing
a request, in writing, setting forth their objections thereto, within
10 days from the date of the decision, with the Code Appeals Board
of the borough. The Board shall hold a hearing or hearings and render
its decision within 30 days of the filing of the appeal. An individual
shall have the right to file an appeal to the Borough Council within
30 days of the date of the decision of the Board. Said appeal shall
be in writing and shall set forth the objections to the decision of
the Code Appeals Board. The Borough Council or a quorum thereof shall
hold a hearing and take testimony within 15 days from the date of
the receipt of the appeal.
[Amended 2-18-1992 by Ord. No. 607, approved 2-18-1992]
Any person, partnership, firm or corporation who or which shall violate any provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and costs of prosecution, and in default of payment of fine and costs, to undergo imprisonment of not more than five days, which shall be in addition to other remedies available to the borough, which shall include, but not be limited to, those provided for in § 135-19 of this article.
