[Adopted 2-10-1992 by Ord. No. 1-1992]
Whenever it shall be determined proper and necessary
by the Council of the Borough of Ingram that sidewalks shall be constructed
and paved along the public highway of the Borough, the Council shall
by ordinance lay out and fix the grade of said sidewalk.
Upon the enactment of such ordinance, the Code
Enforcement Officer of the Borough shall serve written notice upon
the owners of property abutting on said public highways, requiring
them to construct and pave such sidewalks within 90 days from the
date of such notice. The sidewalk shall be constructed in the manner
and under the specifications as hereinafter set forth:
A.
Where excavation is necessary for such repairs or
for the relaying or laying of any sidewalk, such excavations shall
have a minimum depth of eight inches and a base course of granulated
slag or cinder compacted to four inches in depth; and a minimum of
four inches of concrete of 1-2-3 grade mixed and laid according to
standard practice. Standard width of sidewalk is 48 inches wide.
B.
The finish of said concrete shall be float finish
and broomed.
C.
Expansion joints of asphaltic material 1/2 inch by
four inches shall be placed where the sidewalk abuts any curb, wall,
building or catch basin at each ten-foot section.
[Amended 2-11-2002 by Ord. No. 1-2002]
D.
Where any driveway crosses any sidewalk, the compacted
depth of the base shall remain four inches, but at these points a
minimum thickness of six inches of poured concrete to the above specifications
is required. Reinforcement rods and/or wire mesh are required.
From and after the passage of this article, all existing sidewalks within the Borough found to be defective or in need of repaving or repairs shall be repaved and/or repaired by the owners of the lots fronting or abutting thereon, in accordance with the terms of § 159-18 of this article.
An existing sidewalk shall be deemed defective
and/or in need of replacement, repaving, or repair whenever, by reason
of being uneven, cracked, broken, or otherwise defective, such sidewalk
becomes hazardous or presents a danger or risk in use by a pedestrian
while walking or jogging and/or in the normal use of sidewalks.
The need for, and the type of, repairs or repaving
to be made to existing sidewalks under the provisions of this article
shall be determined by the Code Enforcement Officer appointed from
time to time by the Borough of Ingram.
The Code Enforcement Officer of the Borough
of Ingram shall make periodic, but at least annual, inspections of
all existing sidewalks in the Borough of Ingram.
Upon determination of the need for repaving
or repairs to existing sidewalks, the Code Enforcement Officer shall
give notice of the type and extent of the sidewalk repairs and/or
repaving required under the provisions of this article. Such notice
shall be served upon the owner of the property abutting the defective
sidewalk. All repaving or repairs required shall be completed within
60 days of the date of the notice.
In the event the owner of the property is a
resident at the property, service of the notice shall be made to the
owner at the property. In the event that the owner is not a resident,
then notice shall be served upon the tenant or occupant of the property.
Notice to be served under the provisions of
this article by the Code Enforcement Officer shall set forth the defects
found, the type and extent of the repairs required and that such repairs
must be completed within 60 days of the notice. All notices must be
sent certified mail.
[Amended 9-9-2002 by Ord.
No. 3-2002]
In the event the owner of the premises for which
a defective sidewalk notice has been given desires to contest the
determination of the Code Enforcement Officer that the sidewalk is
defective, such owner shall have a right within five days to appeal
such determination to the Borough Council, which, after personal inspection,
shall within seven days of the date of any such appeal make a determination
of approval or disapproval of the finding of the Code Enforcement
Officer and shall note its determination by endorsement on a copy
of the initial notice with notification thereof to the owner by mail.
[Amended 9-9-2002 by Ord.
No. 3-2002]
The failure of the owner of the property to comply with the provisions of any notice served under the provisions of §§ 159-23 and 159-25 of this article within a period of 60 days shall be considered a violation of this article and the Borough shall have the right to have the repairs and repaving required under the notice to be done at the cost of such owner and shall thereafter collect the cost thereof together with 10%. The provisions of this section shall not be considered exclusive and the Borough, in addition, may proceed for the violation of this article, as hereafter provided.
The cost and charges, together with penalties,
shall be collected from the owner either by the filing a municipal
claim and lien therefor in accordance with law or a civil action for
the collection of the same. A certificate as to cost, expenses and
penalties of the Borough Secretary shall be conclusive as to the costs
of such repairs and repaving.
It shall be unlawful for any person to tear
up, destroy, remove, deface, excavate, install, repair or repave any
sidewalk along the public highway of the Borough, whether after notice
by the Borough to make repairs or repaving, or otherwise, except in
accordance with a sidewalk permit duly issued by the Code Enforcement
Officer after written application to him. The application fee for
such permit shall be the sum as may be fixed from time to time by
resolution of the Council of the Borough of Ingram.[1]
Whenever any sidewalk is to be installed or
repaved under the provisions of this article at an intersection, and
it is determined necessary and in the best interest of the Borough
of Ingram for the benefit of commerce or the use by the handicapped,
then, in that event, the repaving or installation required under this
article shall include the gradual grading of concrete from the established
grade of the sidewalk to street level (handicapped curb).
Notwithstanding the foregoing, when in the opinion
of the Code Enforcement Officer a dangerous condition exists on any
sidewalk within the Borough of Ingram which has an immediate effect
upon the safety or public welfare of the Borough, a notice to make
such repairs within 48 hours shall be served upon the owner of the
property abutting or fronting upon the defective sidewalk in the manner
hereinabove set forth. In the event such emergency repairs are not
made within 48 hours, the Borough shall have the right to make such
repairs and charge the costs thereof against the owner of the property,
which charge shall be collected in the manner herein set forth.
Violations of the provisions of this article
shall be deemed a summary offense and, upon conviction thereof, any
person, partnership or corporation shall be sentenced to pay a fine
of not more than $600, plus costs of prosecution, and in default of
payment of such fine and costs shall be subject to imprisonment for
not more than 30 days. Each day that a violation is permitted to exist,
after notification thereof, shall constitute a separate offense.
