[Adopted 1-13-1969 as Ch. 71, Art. I, of the 1969
Code]
From and after the passage and approval of this article, no person or
persons, firm or corporation, other than the municipal authorities of the
Borough of Oakmont, shall excavate, dig into, work upon or work or tunnel
under or open any of the public roads, streets, avenues, highways, lanes or
alleys within said Borough of Oakmont for the purposes of laying, removing,
repairing and maintaining service lines, pipes and conduits and their connections
of, in or under such public road, street, avenue, highway, lane or alley for
carrying or conveying natural or manufactured gas, electricity, electric light,
telephone, telegraph, water, sewage, heating or other conduits, including
the making of house or service connections thereto or therewith, or for any
other purpose whatsoever or otherwise, without having first obtained a permit
from the Mayor or Borough Secretary thereof, and having first furnished bond,
as hereinafter provided, and such permit or license shall be effective only
for such excavation, digging, working, tunneling under or opening of any such
street, avenue, highway, lane or alley, insofar as the same is used in compliance
with the other terms and conditions herein otherwise contained, and such permit
used otherwise shall be and become void and of no effect on the part of the
applicant and those working under him, insofar as further operations thereunder
are concerned.
The center of all streets, highways, avenues, lanes and alleys not already
occupied by water or gas mains are hereby reserved for sewers, and all water
or gas mains hereafter laid shall be laid on either side of the street, avenue
or highway, under the direction of the Council of the borough, its Street
Committee or Borough Engineer, and shall be laid at a distance not to exceed
six feet from the nearest curbline running parallel or approximately parallel
thereto.
Whenever any person, firm or corporation shall desire to make any excavation
upon any of the streets, avenues or highways of the Borough of Oakmont for
the purpose of laying, repairing, removing, relaying or maintaining such service
lines, pipes, conduits, connections, gas and electric lines, or for any other
purpose or reason, they shall first file with the Borough Secretary or, in
case of his absence, with the Mayor of said borough, an application, setting
forth the nature of such proposed excavation, and agree in said application
to be governed by the provisions of this article; if said application is in
proper form and no sufficient cause to the contrary appears, then said Borough
Secretary or Mayor shall issue a permit or certificate authorizing said excavation
to be made, subject to the following conditions and regulations:
A.
No such permit shall be issued and no such person, firm
or corporation shall enter upon, excavate, open or dig in any such street,
avenue, highway, lane or alley in the Borough of Oakmont until he shall have
deposited with the Borough Secretary or the Mayor of said borough a good and
sufficient bond, with two sureties or with an approved surety company or trust
company as surety, in a sum not less than double the amount of the estimated
cost of the proposed opening, excavation and replacement of the street, plus
$1,000 for the protection of the public and to indemnify the Borough of Oakmont
against loss, which bond may be for a specific application and permit or a
continuing bond for all applications and permits of such applicant, during
a specified time, in which case the bond must be approved by the Mayor and
Town Council of said borough. If the bond is for one specific permit, it may
be approved by the Borough Secretary or Mayor. Every such bond shall be conditioned
for the faithful compliance with all the terms and conditions of this article,
the amendments and supplements hereof, the Acts of Congress and the Laws of
the Commonwealth of Pennsylvania and of any other ordinances of said borough
then in effect relative to opening such streets, and conditioned further to
restore the streets, avenues, highways, lanes or alleys of said borough so
opened, worked upon or excavated to their proper condition and to save the
borough harmless from any loss on account of such openings or excavations.
The total amount of the bond shall not limit the liability of any applicant
or his officers or agents from liability for any amount greater or less than
the amount of the bond arising out of negligence or failure to comply with
the terms of this article. The borough may elect to proceed on the bond or
take such other action as may be authorized by law, or do either or both,
at its option.
B.
No permit shall be issued to any gas company, water company,
street railway company, copartnership, joint-stock company, individual, person,
firm or corporation for any excavation exceeding 50 feet in length or three
feet in width until such company, person, firm, corporation or individual
shall file with the Borough Secretary or Mayor an additional bond, in a sum
to be fixed and approved by said Mayor or Town Council, conditioned to comply
with said laws and ordinances to restore the streets, highways, avenues, lanes
or alleys of the borough so excavated, worked upon, dug in or opened to their
proper condition and to save said borough harmless from any loss on account
of such openings or excavations and to pay, when billed therefor, the cost
of restoration of the surface of said street or streets to its original condition,
with 15% added for inspection and supervision.
C.
Where the openings to be made do not exceed the length
of 50 feet or the width of three feet, the person, firm or corporation desiring
to obtain a permit therefor shall first deposit with the Borough Secretary
the cost of restoring the surface over said opening to its original condition,
which shall be computed at the rate of $1 per square yard of the area affected
for an opening in an unpaved street, and at the rate of $40 per square yard
for an opening in a paved street which shall be computed upon the maximum
area affected, either in the case of street opening, tunneling, or otherwise,
under the conditions and stipulations hereinafter set forth, which amounts
shall be applied by the borough to the payment of the cost of the restoration
of the surface of said street or highway and of any such other portion thereof
as may be affected thereby to its original condition and to the cost of inspection
thereof. The minimum amount for which a permit for an opening in an unpaved
street shall be issued shall be $5, covering an opening of five square yards,
and the minimum amount for which a permit shall be issued for a paved street
shall be $120, covering an opening of three square yards, and the minimum
amount for which a permit shall be issued for tunneling under a paved street
or highway or one having been paved with plain concrete, reinforced concrete
or brick surface laid on concrete base or reinforced concrete base shall be
$120.
[Amended 6-14-1971 by Ord. No. 011-71]
D.
If for any reason other than ordinary conditions, such
as the conditions of the street, highway, avenue, lane or alley at the opening
or excavation caused by carelessness in the permitted opening, excavation
or tunneling or refilling of the same or any part thereof or from natural
conditions or otherwise, the amount necessary to cover the restoration of
the opening, excavation, tunneling or improvement shall exceed the amount
deposited, as hereinabove provided, the borough may require from the applicant
the payment of any additional amount, with 15% added for supervision and inspection,
reasonably required for the restoration of said street, as herein otherwise
provided.
E.
Whenever the applicant makes permanent restoration of
the streets and highways of the Borough of Oakmont, as herein otherwise provided,
a fee of $10 shall be charged for the permit, which includes the cost of issuing
said permit and the inspection of the work; such permit shall cover an opening
over a distance from nothing to 250 feet; in excess of 250 feet, additional
permits shall be required in multiples thereof. The applicant shall be required
to and shall guarantee all permanent restoration for a period of five years.
F.
All questions arising under any of the provisions of
this article as to the amount of work reasonably required to be done to ensure
a permanent repair and/or restoration shall be determined and measured by
the Borough Engineer or, in his absence, by the Street Commissioner of said
borough, and said work shall at all times be under his or their supervision,
inspection and direction. Should the temporary or permanent restoration prove
defective during the time or times within which the same should be corrected,
as herein otherwise provided, then the borough, through its Engineer or Street
Commissioner, may, after reasonable notice to and failure to have the condition
rectified by the applicant, cause the same to be done and charged against
the applicant, its surety or sureties or its successors or assigns, with 15%
added for supervision and inspection, as herein otherwise provided.
G.
If the Borough Secretary or Mayor at the time of the
issuing of the permit, by and with the advice of the Street Commissioner and/or
Borough Engineer, is satisfied that the applicant is financially able and
sufficiently equipped to complete the reconditioning and restoration of the
street or highway proposed to be opened, excavated or tunneled in a good,
satisfactory and workmanlike manner, including the backfilling, tamping, ramming,
compressing, repaving and other necessary work, then the applicant may be
permitted and/or required to make the permanent restoration of the street
or highway so opened, excavated or tunneled, subject to the supervision of
the Council of said borough, otherwise the right shall be reserved to the
borough, through its Street Commissioner and employees, to make the necessary
restoration and reconditioning, the cost of which may be required in advance
or otherwise as herein otherwise provided. If the borough so elects, it may
require the applicant to have the work of restoration done by a competent
and experienced contractor or contractors at the expense of the applicant.
H.
Where the applicant is a public service company duly incorporated, being a public service company within the meaning of and as provided by the Public Service Company Law of the Commonwealth of Pennsylvania, it may give, in lieu of the bonds required under Subsections A and B of this section, a continuing bond in an amount and form to be approved by the Mayor and Council of said borough, and where, in the opinion of said Council, the capital stock of such corporation is sufficient security for the purposes aforesaid, the corporation's own bond may be accepted and no further security or surety may be required, and the borough may, by resolution duly adopted, by approval of bond or otherwise, provide that such applicant may itself make permanent restoration of the streets and highways of the Borough of Oakmont, in which case the application and permit shall so state, which permanent improvement or improvements shall be subject at all times to the supervision of the Borough Engineer and/or Street Commissioner of said borough and/or of its Council.
I.
In lieu of the bond hereinabove required under Subsections A and B of this section, the applicant may deposit cash or a certified check to the order of the Borough of Oakmont or its Treasurer, which shall be turned over to the Borough Secretary and held by him as security for the full compliance with all the terms and conditions of this article and of indemnification to or of said borough as fully and to the same extent as required in the bond in lieu of which the same is given. No bond or security so given shall limit the liability of the applicant or his officers or agents to the Borough of Oakmont or the public in general for any claims arising out of negligence or otherwise, and the borough may elect to proceed against the bond or security given or take such other action as may be authorized by law or do either or both, at its option. No such deposit in lieu of bond shall be received unless approved by the Council.
J.
Any person, firm or corporation receiving a permit for
street opening, excavating, tunneling or as otherwise herein provided shall
immediately notify the Borough Secretary or Street Commissioner when the work
of opening, excavating, tunneling or improving will be commenced and when
terminated as nearly as can be ascertained and shall at once have barricades
erected and maintained at all times around all openings, trenches or tunnels
dug or excavations made to prevent accidents and, in addition thereto, shall
have placed and maintained red signal lights where necessary and at intervals
of not more than 50 feet along the lines of such trenches, tunnels, openings
or excavations, and said person, firm or corporation shall be liable for any
and all damages sustained by reason of such excavations and shall, as soon
as 50 feet of any trench shall have been dug, at once lay the pipes and fill
up excavations with good quality granulated slag or other material approved
by the Borough Engineer or Street Commissioner (all slag or other material
filled in shall be thoroughly rammed and puddled under the supervision of
the borough officers, and no earth dug from trenches shall be permitted to
remain on the street longer than 24 hours unless a special permit therefor
has been granted), and after said trenches have been filled in, said person,
firm or corporation shall resurface the excavation, all to be done in a passable
and safe condition, and shall notify the Borough Officer, and the borough
shall then complete or supervise the surfacing or restoration of said street
as herein otherwise provided and required.
K.
All openings, tunnels and trenches so dug and excavations
so made shall be dug, made and completed in such manner as not to prevent
travel on the streets, avenues, highways and sidewalks of said borough, and
any laying of pipes, tunneling and excavation of trenches or improvements
so made shall be in conformity to the grades of the streets, avenues, highways,
lanes and alleys as they now exist or may be established hereafter by the
Mayor and Council or to any alteration which shall be made in the same, and
when pipes have been laid and the grades of said streets, avenues, highways
or alleys shall subsequently be changed, said person, firm or corporation,
as the case may be, shall, upon notice from the Council of said borough or
its Street Committee, take up said pipes and relay them at their own expense;
in case of failure to do so, said Council or its Street Committee shall take
up said pipes and relay them at the expense of said person, firm or corporation,
together with 15% added to cover costs of supervision and inspection; or said
borough may, at its option, after due and timely advertisement, let the contract
for removing, relaying and replacing any such pipes, lines or conduits to
a responsible bidder, at the costs of such respective person, firm or corporation,
with 15% added to cover costs of supervision and inspection required of said
borough.
L.
If and when a permit or permission has been issued to
or received by any person, firm or corporation from the Borough of Oakmont
to make any opening or excavation of or do any tunneling in or under any or
all public roads, streets, alleys and highways of said borough, which are
paved with plain concrete, reinforced concrete or hard or brick surface laid
on concrete base or reinforced concrete base, the openings, tunnelings or
excavations shall be done in compliance with and under the following additional
requirements and specifications, and not otherwise:
(1)
Paving of plain concrete, reinforced concrete or hard
or brick surface laid on concrete base or reinforced concrete base. Opening
or excavation at approximately right angles to center line. This opening or
excavation shall be made by tunneling under the existing paving from outside
of the existing curbs to the connection with the existing gas, water, sewer,
oil or other piping; and said tunneling to remove all excavated material from
the bottom of the ditch to the underside of the paving. After the connection
has been made to the piping and the new extension laid in the ditch under
the paving, the new piping shall be covered with approximately one foot of
clean earth or clay, properly rammed, and the remaining part of the ditch
under the paving shall be backfilled, mechanically rammed with granulated
slag, dampened and mixed with cement in the proportion of one part cement
and four parts granulated slag; and said slag must be approved by the Borough
Engineer or Street Commissioner.
(2)
Paving of plain concrete or reinforced concrete.
(a)
Opening or excavation being generally parallel with the
center line. To provide for an opening or excavation being made along the
street generally parallel to the center line of the street, which, in the
opinion of the Borough Engineer, should not be tunneled to make repairs to
a break in gas, water, sewer, oil or other piping, the breaking of the surface
will be permitted in the following manner only: entire slab or slabs within
the area of the opening or excavation must be removed from expansion joint
to contraction joint or from expansion joints to contraction joints.
(b)
After the necessary repair work has been done to the
gas, water, sewer, oil or other pipeline, the piping shall be covered with
approximately one foot of clean earth or clay, properly rammed, and the remaining
part of the ditch under the paving shall be backfilled, mechanically rammed
with granulated slag, dampened and mixed with cement in the proportion of
one part cement and four parts granulated slag; and said slag must be approved
by the Borough Engineer or Street Commissioner. The area of the concrete surface
removed shall then be repaved with concrete of a quality which will have a
strength of at least 2,000 pounds per square inch in seven days, and 3,000
pounds per square inch in 28 days, from tests taken of cylinders by a responsible
laboratory. In the event of failure of the concrete cylinders, tested by a
laboratory, to develop the aforesaid compressive strength of at least 2,000
pounds per square inch in seven days and 3,000 pounds per square inch in 28
days, Council reserves the right to order the paving to be removed and relaid
until the required strength is developed. Whenever and wherever the paving
is reinforced concrete, reinforcement must be included similar or equal to
the existing paving. Further, whenever and wherever an opening or excavation
occurs in a slab or lane of paving adjacent and adjoining the existing curbs,
the removal of the slab shall include also the existing curb, which also shall
be restored in like manner.
(3)
Paving of brick, macadam, asphalt or other hard paving surface laid on concrete base or reinforced concrete base. Opening or excavation being generally parallel with the center line. When an opening or excavation is made, the brick must be removed and cleaned, concrete base removed, in accordance with the Borough Engineer's plan, and, after repairs are made to the gas, water, sewer or other pipe line, new piping shall be covered with approximately one foot of clean earth or clay, properly rammed. The remaining part of the ditch shall be backfilled, mechanically rammed with granulated slag, dampened and mixed with cement in the proportion of one part cement and four parts granulated slag; and said slag must be approved by the Borough Engineer or Street Commissioner. The area of the concrete base removed shall then be repaved with concrete of a quality which will have a strength of at least 1,000 pounds per square inch in seven days and 2,500 pounds per square inch in 28 days, from tests taken of cylinders by a responsible laboratory. In the event of failure of the concrete cylinders, tested by a laboratory, to develop the aforesaid compressive strength of at least 1,000 pounds per square inch in seven days and 2,500 pounds per square inch in 28 days, the Council reserves the right to order the paving to be removed and relaid until the required strength is developed. The concrete base or reinforced concrete base must be resurfaced with adequate material to be approved by the Borough Engineer of the kind and character of that removed so as to provide a safe and even surface for public travel or use. Permission must be obtained from the Borough Engineer or Street Commissioner before paving over concrete base or reinforced concrete base, and in all cases, as above enumerated under this Subsection L, where the street has been paved with plain concrete, reinforced concrete or concrete base or reinforced concrete base or brick or other surface over concrete base or reinforced concrete base, the replacement of the concrete or reinforced concrete or concrete base or reinforced concrete base, as the case may be, must be adequately reinforced so as to prevent sinking or subsiding.
M.
No permit for any such opening or excavation in any public
road, street, alley or highway of the borough, having been paved with plain
concrete, reinforced concrete or brick or other surface laid on concrete base
or reinforced concrete base, shall be issued by the Borough Secretary to any
person, persons, corporation or association of persons, between the first
day of December and the first day of March of any year, except that in cases
of emergency special permits may be issued by the Borough Secretary or Borough
Manager acting in his capacity as such Secretary, with or without the consent
and approval of the Borough Council.
N.
With any application filed for openings or excavations
under the provisions of this article, the proper borough officers may, and
if the proposed opening, excavation or improvement is of material size or
materially affects the use of the highway affected, shall require a plan drawn
to scale, showing the nature, size and location of the proposed opening or
excavation and the final location of any conduits, pipes, lines, connections
and property of the applicant to be placed thereon, showing what part thereof
shall be removed and what part thereof shall remain; a copy of said plan,
when required, shall be retained by the borough and kept by it on file with
the application or otherwise. In all cases where replacement of the surface
is to be made by the applicant, the nature and character of such replacement
must also be shown.
O.
When an application is made for and a permit issued for
tunneling under the provisions of this article, the applicant, his agents,
employees and all those operating under him shall at all times be required
to adequately support the surface of the highway under which they are tunneling,
the use of which highway is permitted by the public, and to take all precautions
necessary to prevent injury or damage to the public, and all excavations,
whether for tunneling or otherwise, made under the provisions of this article
shall be done in such manner as to afford adequate support to the remainder
of the street affected so as to prevent caving or movements adjacent to the
excavation, and where necessary, sheeting, shoring or other support shall
be used and so placed as to provide for removal of the same during the refilling
and ramming of the excavation. If, in the opinion of the borough officers
in charge, it shall be or become necessary for the safety of the public to
have open trench excavation in lieu of tunneling on openings or excavations
at approximately right angles to the center line of the street or highway,
then the same shall be required of the applicant, his employees and agents,
subject to the supervision of Council of said borough, but all other requirements
of this article relative thereto shall apply. The Engineer may add additional
requirements necessary for the public safety.
P.
Any person, firm or corporation receiving or taking out
a permit under the provisions of this article shall be required to take out
and maintain during the entire period of operation or from the commencement
of the opening or excavation or tunneling, to and including the time of final
permanent restoration and completion, workmen's compensation insurance
for all his employees employed at the site of the opening, excavation, tunneling
or improvement, and in case any work is sublet, the contractor shall require
the subcontractor similarly to provide workmen's compensation insurance
for all of the latter's employees unless such employees are covered by
the protection afforded by the contractor, and such public liability and property
damage insurance as shall protect him and any contractor or subcontractor
performing work covered under the provisions of any such permit or permits
from claims for damages for personal injury, including accidental death, as
well as from claims for property damages, which may arise from operations
under said permit or permits, whether such operations are by himself or by
any contractor or subcontractor or by anyone directly or indirectly employed
by either of them. It shall be the duty of the Borough Secretary, Mayor or
other borough officer issuing such permit to require satisfactory proof by
certificate or otherwise that the necessary workmen's compensation insurance
covering all employees who may at any time be employed at the site, other
than employees of the Borough of Oakmont already covered by compensation insurance,
and the required public liability and property damage insurance have been
taken out and are being maintained as required under this clause.
Q.
Where a waiver is required of or from the Borough Secretary,
Mayor, Street Commissioner or Borough Engineer, the same shall be executed
in writing, signed by the respective officer, and either endorsed on the original
application or filed therewith in the records of said borough.
R.
If and when a permit has been issued under the provisions
of this article for openings or excavations under hard surface streets, such
as asphalt, macadam and the like, not hereinbefore specifically provided for,
any opening or excavation shall be made only by open surface excavations or
tunneling, as the Borough Engineer or Street Commissioner shall determine
best for the protection of the public, and shall be restored to a safe condition
in such manner as the Borough Engineer or Street Commissioner, subject to
the supervision of Council, shall direct or cause to be done in accordance
with the other terms and conditions of this article applicable thereto.
All pipes, conduits, sewers, etc., placed in the streets shall be buried
to a depth of not less than 31/2 feet below the established grade of the avenues,
streets, lanes, alleys and highways on which the same are located, and when
the established grade is above the actual grade, the depth shall not be less
than two feet below said actual grade, and all such pipes, conduits, sewers,
etc., shall be placed in such parts of said highways as shall be designated
by said Council or its Street Committee, and no pipe or conduit shall in any
way interfere with the sewer system of the borough or be so placed as to endanger
said sewer system.
In the improving of, opening or digging in any paved street, avenue,
highway, lane or alley between the curb and the property line, that is, in
the portion not included within the lines of the cartway or paved portion
of said street, avenue, highway, lane or alley, provided that no part of the
paved or improved cartway, nor the curb, nor any portion thereof, is undermined,
touched or in any way affected thereby, and in any unpaved street between
the gutter and the property line not included in the cartway thereof, the
requirements shall be the same as to bond, permit and permit fee as required
in excavations, the opening of or digging in the cartway of any unpaved street,
except that in the erection of poles for public service or the laying of sidewalks,
planting of trees or similar work done by an abutting property owner of a
minor nature, the requirement as to bond and permit fee may be waived, but
an application and permit shall always be required. Any person, firm or corporation
receiving such permit or permits, his employees and agents, shall restore
the roadway or any sidewalk affected to its original condition and/or to such
condition as will comply with the laws of the commonwealth and ordinances
of said borough relative thereto and cause the same to be completed in a safe
and proper condition.
In all cases where a permit is required under the provisions of this
article, a copy thereof, attested by the proper borough officer, must be had
and kept at all times on the job during the continuance of operations by those
performing the work, otherwise the work may be stopped at the direction of
the police or other officers of the borough until such permit is produced.
Should any gas, water, sewer, oil or other piping, electric light, telephone,
telegraph, heating or other conduit, house or service connections or other
property, placed within any public road, street, alley or highway of the Borough
of Oakmont under the provisions of this article, be or become impaired or
out of repair or out of proper location or in a dangerous or hazardous condition,
actual or threatened, or should seepage of water or gas or sewage therefrom
cause unnecessary loss or stench or become a nuisance, the Mayor or Council
or the Street Commissioner or Police Department of the Borough of Oakmont
may cause reasonable notice to be served on the owner, lessee or the one or
ones having control thereof to have the defective, leaking, impaired or misplaced
pipe, line, connection or other property properly repaired, replaced or removed
as may appear necessary and any nuisance, actual or threatened, abated within
a reasonable time, and on failure of the parties charged therewith or required
to comply therewith to have the same corrected, repaired, replaced, removed
and/or abated as the case may require, then the borough may cause the same
to be done, either by its own employees or by contract let to the lowest responsible
bidder, after due and timely notice by advertisement as required by law, and
in either case collect the costs and expenses, with 15% added for supervision
and inspection, from the owner or owners thereof, lessee or persons responsible
therefor and/or properly chargeable therewith, the same to be collected as
debts of like amount are by law collectible or by filing a lien as provided
by law.
When the borough authorities contemplate the grading, paving or changing
the grade or location or otherwise improving any of its avenues, streets,
lanes, alleys or highways, the Council may require all persons, companies
and corporations having lines or conduits in said streets that are placed
therein so as to interfere with the improvements contemplated by Council to
relay and replace said pipelines and conduits to a location and to a sufficient
depth as to not interfere with said improvements, and upon the failure of
the owners thereof to relay and replace said lines and conduits on five days'
notice, the Borough of Oakmont may have said changes made by its own employees
or by contract let to the lowest responsible bidder, after due and timely
notice by advertisement as required by law, and in either case collect the
costs and expenses thereof with 15% added for supervision and inspection from
the owner or owners failing or refusing to make said changes, the same to
be collected as debts of like amount are by law collectible or by filing of
lien as provided by law.
In every case where it shall be necessary for the borough to collect
money from any contractor, person or corporation failing to perform work as
provided for in this article, such money may be collected by the borough in
such manner as debts of similar nature are by law collectible.
The powers and authority vested by this article in the Street Commissioner
or Street Committee, Mayor, Secretary and Borough Engineer or borough officers
shall always be deemed subject to any directions that may be given or action
that may be taken by the Council of the Borough of Oakmont in any particular
case, and said Secretary shall not be deemed as authorized to grant permission
to lay new mains of any kind or other similar property in paved highways of
the borough without approval of Council, but only to grant permission to make
connections with sewer, water or gas mains or other similar property already
laid and to make repairs thereto. The Council of said borough may, for cause
shown, grant special permits for the laying and removal of mains.
The provisions of this article shall not be construed to apply to work
done by the municipal authorities of the Borough of Oakmont, except as and
where otherwise specifically directed.
A.
Every person, firm or corporation violating the provisions
of this article or who or which makes any such opening or excavation without
permission obtained as aforesaid or excavates for a longer distance than authorized
by any such permit or permits or at any time forbidden by the provisions of
this article shall be fined not more than $600 for the first offense, and
every person aiding or abetting in such offense shall, if he fails to desist
upon notice to do so, be arrested and fined not more than $600; and upon the
violation of any of the other provisions of this article by any person, firm
or corporation, their property may be removed from any street, avenue or alley
and the same restored to its former condition at their proper cost and charge,
and both such removal and restoration or either of them may be made at the
option of the Street Commissioner or Engineer, and the permission granted
as aforesaid shall thereupon be deemed forfeited.
B.
Fines recoverable by summary proceedings; default of
payment. All fines and penalties imposed by this article shall be recoverable
by summary proceedings before the Mayor or any District Justice in said borough;
and all suits or actions at law instituted for their recovery shall be in
the name and for the use of the borough, and upon recovery thereof all such
fines and penalties shall be paid to the Borough Treasurer; in default of
the payment of any fine or penalty and costs imposed by the Mayor or any District
Justice under the provisions of this article, the person or persons offending
may be sentenced and committed to the county jail for a period not exceeding
30 days.
So much of any ordinance or ordinances as may conflict with the provisions
of the foregoing are hereby repealed, but all former ordinances relating to
the subject matter mentioned in this article are to remain valid and binding
so far as they are not supplied hereby or in conflict with this article, and
fines and penalties may be collected and remedies enforced under this article
or former ordinances at the discretion of the Borough of Oakmont, its officers
or agents. It is hereby expressly stipulated and stated that this article
shall not in any way repeal the provisions of Ordinance No. 473 of said borough,
being an ordinance requiring the laying or relaying of all sewer mains or
laterals prior to the paving or repaving of any highway in the Borough of
Oakmont, providing for notice to certain public service companies, prohibiting
openings in streets after improvements under certain conditions for a period
of five years from the date of completion, etc., as of record in Ordinance
Book Volume 3, Page 268, the provisions of which ordinance are hereby ratified
and confirmed.
