[Adopted 10-13-1947 by Ord. No. 17]
On and after the passage of this article every
owner, tenant or occupier of property abutting along any road, street,
lane, alley, highway, right-of-way dedicated to the use of the public
or other public or semipublic property where gutters have been constructed
or where a system of drainage along roads, streets, lanes, alleys,
highways, rights-of-way dedicated to the use of the public, or other
public or semipublic property have been constructed or exist by reason
of their establishment or because of natural levels and slopes, shall
keep said gutters or natural drainage ditches open and unobstructed.
All owners, tenants and occupiers of property
abutting along any road, street, lane, alley, highway, right-of-way
dedicated to the use of the public or other public or semipublic property,
where gutters or other drainage ditches now exist, or shall hereafter
be established, and where such person desires to use any sidewalk
or right-of-way dedicated for the use of the public or portions of
either for the purpose of ingress and egress to and from his property,
or for the purpose of using any such sidewalk or right-of-way dedicated
for the use of the public or parts thereof as driveways or approaches
to any road, street, lane, alley, highway or to any other property,
shall make application to the Borough Secretary or a duly authorized
Clerk for permission for the use of such sidewalk, right-of-way dedicated
for the use of the public or parts thereof, as he may designate in
said application, whereupon a permit shall be granted to said applicant
to construct proper driveways or approaches in accordance with the
provisions of this article.
No driveway or approach shall be constructed
over any sidewalk, whether improved or unimproved, or right of way
dedicated for the use of the public, unless proper provision shall
be made for drainage by the underlaying of said driveway or approach
with either terra cotta pipe, concrete pipe, steel or cast iron pipe
where needed, and at a depth and in the manner as will conform to
the drainage ditches already established or to be established along
said roads, streets, lanes, alleys, highways or rights of way dedicated
for the use of the public, and as shall be approved by the Borough
Engineer.
All driveways and approaches shall be so laid
and so constructed as to not interfere with the safe passage over
and use by the public generally of streets, roads, lanes, alleys,
highways or rights-of-way.
The construction of every driveway or approach
and the gutters as provided for herein shall be done at the expense
of the property owner and maintained by him thereafter in a safe and
reasonable condition, so as not to render the Borough liable for any
damages therefor.
All driveways and approaches as herein provided
for shall be subject to inspection by the Borough Engineer or Road
Commissioner, and where the same does not comply with the provisions
of this article, the owner or user thereof shall be given written
notice, duly mailed, that unless the driveway and approaches are made
to conform with the provisions hereof within a period of 30 days from
the date of the notice, the owner or user thereof shall be deemed
to have violated this article.
Upon the neglect of any owner to comply with
the provisions of this article, the proper officers of the Borough
may, after notice as required by law, cause the guttering to be done
or corrected at the cost of such owner and shall collect the costs
thereof and 10% additional together with all charges and expenses
from such owner in accordance with the provision of law.
[Amended 11-21-2005 by Ord. No. 851]
Any person or persons violating any of the provisions
of this article shall, upon conviction before any District Justice
of the Borough of Pleasant Hills, be subject to a fine in the amount
of $300 for each occurrence. Upon default of the payment of the fine
or penalty imposed and costs, the defendant may be sentenced and committed
to serve jail time for a period not exceeding that permitted by state
law or 30 days. Each and every day in which the violation continues
shall be deemed to be a separate offense and liable to penalties as
a separate offense.
