[Adopted by Ord. No. 116 (§ 10-4 of the 1987 Code)]
[Amended 2-7-1989 by Ord. No. 1178; 9-21-2010 by Ord. No. 10-1792]
No person shall encumber or obstruct any street,
road, highway or sidewalk in the Borough by placing thereon any building
materials or any article or thing whatsoever; provided, however, that
where and when necessary for the successful prosecution of any building
operation, the Chairman of the Streets and Roads Committee may issue
a permit for encumbering or obstructing any street, road, highway
or sidewalk under such terms and conditions as seem to him fit and
proper having due regard for the protection of person and property,
and the rights of the public to the use of streets, roads, highways
and sidewalks. The permit shall be in writing and shall definitely
describe the portion of any street, road, highway or sidewalk permitted
to be encumbered or obstructed, the time when same will commence and
when it will terminate and the terms and conditions to be observed
by the person to whom issued and the permit may be revoked by the
Public Works Director for any violation of any such terms and conditions.
[Amended 9-21-2010 by Ord. No. 10-1792]
No person shall continue to encumber or obstruct
any street, road, highway or sidewalk after the time limited in any
such permit or after the revocation of any such permit.
[Amended 2-7-1989 by Ord. No. 1178]
The Public Works Director is hereby authorized
and empowered to order any such encumbrance or obstruction to be removed
within two hours after notice to the owner thereof, or, if the owner
cannot be found for the purpose of such notice, to cause the same
to be removed to any suitable place selected by him for that purpose
and the owner of any article or thing so removed shall pay the cost
of such removal and storage. Any article or thing so removed shall
be advertised and sold at the end of 30 days unless the same shall
sooner be reclaimed and the penalty and cost paid by the owner thereof,
the proceeds of such sale shall be paid into the Borough Treasury
and the balance, if any, after deducting the penalty and costs shall
be paid to the owner.
[Amended 2-7-1989 by Ord. No. 1178]
Any person violating any of the provisions of this article shall, upon conviction, be subject to a penalty as established in Chapter 1, General Provisions, Article III, General Penalty. Each day that any such encumbrance or obstruction is permitted by the owner thereof to exist or continue shall be considered as a separate violation thereof.
