[Adopted 1-13-1969 as Ch. 71, Art. III, of the
1969 Code]
A.
From and after the passage of this article, it shall
not be lawful to break into or upon any paved street, avenue or other highway
in the Borough of Oakmont, which may be paved after the passage of this article,
within five years from the date of completion of said paving or repaving,
except upon an emergency so found by Council and with the consent of the Street
Committee of Council of said borough and only under such conditions as may
have been established or may hereafter be established by ordinance of said
borough.
B.
Any person who shall violate the provisions of this section
shall, upon conviction thereof before the Mayor or any District Justice of
the State of Pennsylvania, be fined not to exceed $600, plus costs of prosecution,
and in default of payment thereof may be sentenced to the Allegheny County
Jail for a period not exceeding 30 days.[1]
Hereafter no street, avenue or other highway in the borough shall be
paved or repaved until after all the necessary sewer mains and laterals have
been laid and all sewer connections made and conducted from the mains in the
street to the sidewalk inside the curbline.
Hereafter, whenever any ordinance shall have been passed or is now passed,
and the actual paving thereof may not have been commenced, ordering the paving
or repaving of any street, avenue or other highway in this borough, it shall
be the duty of the Borough Secretary immediately to give due notice thereof
to each water company and gas company and other public service company concerned,
as may appear to be affected thereby, to lay or relay all such pipes or conduits
as they may desire or may be required by law or ordinances of said borough
and to repair all pipes and conduits in the street, avenue or other highway
about to be paved or repaved before the laying of the pavement is begun and
to make the necessary connections or service pipes and lines to the properties
abutting upon said highway and to be served therefrom, as provided by the
provisions of this article or any other ordinance or law now in force or which
may hereafter be passed. Such notice shall be served by posting at least 10
copies thereof along the line of the proposed improvement in the most prominent
places in the vicinity thereof and by mailing to all such public service companies,
at their last known place of business, a copy of such notice or by service
at the principal place of business of such company within the borough, whereupon
it shall be the duty of such public service company to lay or relay all the
necessary mains, pipes, conduits and service lines and make all necessary
connections within such reasonable time as may be designated by the Council
of said borough.
Hereafter, whenever any ordinance has already been passed and the actual paving has not as yet been commenced, or any ordinance may hereafter be passed, ordering the paving or repaving of any street, avenue or other highway in this borough, it shall be the duty of the Borough Secretary, within 10 days from the passage of this article, in case of an ordinance for paving already passed, wherein the actual laying of pavement has not been commenced, and before the contract is let or finally awarded in case of any ordinance hereafter passed for said paving or repaving, to give notice thereof to all the property owners along the line of said highway by publication in at least one newspaper published in the borough and by the posting of at least 10 handbills in the most prominent places in the vicinity along the line of the intended improvement and by personal service on all known abutting property owners residing within the borough or at their place of residence and by mailing to nonresidents of said borough, at their last known address or place of residence, a copy of said notice or by leaving a written or printed copy of such notice with the person occupying any such abutting property. Said notice shall require all such property owners to make the necessary connection for buildings contemplated by them with the main sewer, gas pipe, water pipe and other mains in such highway within a reasonable time, to be fixed by the Borough Engineer, subject to the supervision of Council, and not to exceed 30 days, and to conduct or have installed the service pipes or sewers from the mains in the street to the sidewalk inside the curblines, and it shall be the duty of all such owners of property, within the time fixed by the Borough Engineer or Council, to make such connections under the direction of said Engineer and subject to such reasonable regulations as he or said Council shall make in each case. In default of the making or causing to be made or installed, by the owner, of any such sewer, gas, water and other necessary connections within the time specified in the notice, it shall be the duty of the Borough Engineer at once to report the fact to Council, which shall authorize him to cause such sewer, gas and water connections to be made, subject to the supervision of said Council, as he may deem necessary and proper, and the cost thereof with 10% added may be collected in the manner provided in § 176-23 hereof, and the failure of anyone to receive any notice as herein provided shall not in any way relieve such one from any liability or responsibility hereunder.
Hereafter when any street, avenue or highway in this borough is about
to be paved or repaved, whenever there may be found vacant or unimproved property
or lots along the line of and abutting on said street, avenue or highway so
about to be paved, it shall be the duty of the Borough Engineer, subject to
the supervision of Council, to install or have or cause to be laid or installed
what may appear to be a reasonable and necessary amount of such service pipes
or sewers or laterals from the mains in the streets to the sidewalk inside
of the curblines, at the cost of the borough or of the proper public service
company whose lines or mains may be connected therewith, as may be now or
hereafter provided by law and the ordinances of this borough, providing that
any property owner may arrange for and have installed, within the time limit
as hereinbefore provided, an additional or less number upon payment thereof
or therefor, with proper instructions to Council and said Borough Engineer,
for reasons satisfactory to them. And provided further that said borough shall
not in any manner be held responsible by reason of any failure to supply what
may afterwards appear to be a necessary number of any such service pipes,
sewers or laterals from the mains in the streets to the sidewalk, as hereinabove
provided.
Whenever any sewer or other connections or service pipes are regularly
installed by the borough under any of the foregoing provisions hereof, the
use thereof by any abutting property owner or owners, tenants or others shall
be prohibited until full payment of the cost of installation, as estimated
and certified by the Engineer, shall have been paid to said borough, to which
cost the borough may add 10% for supervision, detention and incidental expenses
incurred thereby, and said borough may also proceed for and collect the expense
of such installation so certified, by action in assumpsit or filing of lien,
with attorneys' fees and costs of collection, as may now be or may hereafter
be provided by law.
All installations of sewer connections, laterals or service lines by
any individual or public service company shall at all times be in full compliance
with the reasonable rules and regulations of the Boards of Health, Public
Service Commission and the ordinances of said borough now in force or which
may be hereafter passed.
