[Amended 3-8-1993 by Ord. No. 920-93]
The City of Coatesville may require owners of
property abutting on any street, including state highways, to construct,
pave, repave and repair the sidewalk, curb and gutter along such property,
at such grades and under such regulations as may be prescribed by
the City Engineer, the Codes Department or the City Council (which
may adopt the same by resolution).
From and after the enactment of this article,
all sidewalks hereafter constructed in the City of Coatesville shall
be constructed according to the following specifications:
From and after the enactment of this article,
all curbing hereafter shall be constructed as follows:
A.
The concrete curb shall be five inches wide at the
top and seven inches wide at the bottom, and the street side battered
to make the seven inches. The distance from the top of the curb shall
not be less than 18 inches to the bottom, measured vertically, or
so modified to meet field conditions as approved by the City Engineer
or Codes Department. Extra depth may be required. The concrete mix
shall be the same as for sidewalk construction.
B.
Expansion-joint material of a mastic composition will
be required on long-running pours of concrete sidewalks and curbs.
C.
All sidewalks, curbs and gutters shall be constructed,
paved, repaved or repaired upon the line and grade obtained by the
property owner from the City Engineer or Codes Department office.
A plan of the proposed construction of sidewalks
and curbs, showing width, length and thickness, shall be submitted
to the City Engineer or Codes Department office for approval. The
fees for permits shall be at the same rate as the fee charged for
building construction. When applying for a building permit, a permit
for sidewalk or curbing shall be applied for.
A.
Any sidewalk or curb laid by any person, firm or corporation
contrary to the provisions of this article shall be removed and the
proper sidewalk or curb substituted therefor by the property owner
within 10 days after receipt of notice from the City Engineer or Codes
Department office, setting forth that the sidewalk or curbing does
not comply with these specifications; and if said sidewalk or curb
is not constructed within said 10 days, then and in such case said
sidewalk and curb shall be constructed by the City; and the cost thereof
plus 10% of such costs and all charges and expenses shall be billed
to the defaulting property owner; and if not paid within 10 days thereafter,
the City shall cause a lien to be entered against said premises and
thereafter collected according to law, which lien shall accrue from
the time of the completion of the work, which date shall be fixed
by the City Engineer or Codes Department office, filed as required
by law, and may be collected by action in assumpsit, or such lien
may be filed and proceeded in as provided by law in the case of municipal
liens.
B.
The notice required herein shall be served upon the
owner if that can be done within the county. When it cannot be done
so, then the notice may be served upon the owner's agent or the party
in possession; and if this cannot be done, then the notice may be
served by posting conspicuously upon the premises.
A.
It shall be the duty of owners of property abutting on any street, including state highways, to maintain sidewalks, curbs and gutters free from defective conditions and in accordance with standards promulgated by City Council and administered by the City Codes Department office. Further, it shall be the duty of owners of such sidewalks, curbs and gutters to construct, pave, repave and repair any defective condition in a sidewalk, curb or gutter after receiving a notice from the Codes Department office of the defective condition within 30 days after the service of such notice upon them. The service of notice shall be the same as the notice provision of § 193-15 of this chapter.
B.
The standards for sidewalk, curb and gutter condition,
reconstruction, maintenance, paving, repaving and repair shall be
the same as for sidewalk construction as established by the City Council
by resolution. These standards shall be administered by the City Codes
Department office and copies of the standards shall be available at
the Codes Department office.
C.
At any time during the performance of the required
work, the City Engineer or the City codes officials may inspect the
work to determine whether construction specifications and standards
are being observed.
A.
Upon the failure of any property owner to construct,
reconstruct, pave, repave or maintain any sidewalk, curb or gutter
in compliance with notice to do so within 30 days of said notice,
the City may do the work required or cause the same to be done and
the cost thereof levied and collected from such owner, together with
a penalty of 10% of such costs and all charges and expenses, which
amount shall be a lien upon such premises from the time of the completion
of the work, which date shall be fixed by a certificate from the City
Engineer filed with the Secretary, and may be collected by action
in assumpsit, or such lien may be filed and proceeded in as provided
by law in the case of municipal liens.
B.
Emergency repairs. Where, in the opinion of the City
Codes Department office, a dangerous condition exists that can be
repaired by expenditure of $50, the City shall send such property
owner notice by registered or certified mail stating emergency repairs
are required. Upon failure of such owner to comply with the notice
within 48 hours after receiving it, the City may make emergency repairs
and levy the cost of its work on such owner as a property lien to
be collected in the manner provided by law.
C.
Construction and repair done on owner's initiative
without notice. Any property owner not required by notice to construct,
pave, repave or keep in repair sidewalks, curbs or gutters may construct,
pave, repave or repair the sidewalk, curb and gutter abutting his/her
property, provided that such owner shall make application to the City
Codes Department office before commencing work, shall conform to the
provisions of this article and other regulations as to specifications
for construction and repair work and shall notify the City Codes Department
office within two days after completion of his/her work.
[Amended 5-28-1996 by Ord. No. 1012-96]
Any person who shall violate any provision of
this article, upon conviction thereof, shall be sentenced to pay a
fine of not more than $1,000 or to imprisonment for a term not to
exceed 90 days, or both such fine and imprisonment. Each day that
a violation continues shall constitute a separate offense.[1]