City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 2-1993. Amendments noted where applicable.]
CROSS-REFERENCES
City may construct sidewalk upon property owner's failure to do so; collection of costs: see Third Class City Code § 3002 (53 P.S. § 38002).
City's power to establish sidewalks and to require property owners to construct, curb, maintain, etc.: see Third Class City Code § 3001 (53 P.S. § 38001).
Emergency repairs, notice to owner, costs a lien: see Third Class City Code §§ 3003 and 3004 (53 P.S. §§ 38003 and 38004).
Misdemeanors relating to sidewalks: see Ch. 3-357.

§ 9-107.1 Duty to repair sidewalks; noncompliance.

[Amended 7-13-1999 by Ord. No. 27-1999]
The owners of property abutting on any public highway of the City are required to construct, pave, curb, repave, and recurb the sidewalks in front of and along such property and to keep the same in good repair, with cement, concrete, brick, stone blocks or other permanent paving material satisfactory to the City Engineer or a designated agent as directed or approved by said City Engineer. If any owner fails to so construct or fails to repair such sidewalk or curb within 30 days after notice thereof from the City Engineer, the City Engineer or a designated agent may do the necessary work and file a statement of the costs thereof with the City Solicitor, who shall collect the same. The amount of such claim shall be a lien upon the premises from the date of the completion of work, which date shall be fixed by a certificate of the City Engineer; the City shall otherwise seek collection of the full amount, including any and all costs, plus attorneys' fees. The unpaid balance shall accumulate interest at the rate of 12% per annum or a prorated portion of the same if for any period less than one year. The City may execute against the property, its contents and other assets as needed to secure full payment of all costs owed, including interest and attorneys' fees.

§ 9-107.2 Notice to repair dangerous conditions; failure to comply.

[Amended 7-13-1999 by Ord. No. 27-1999]
Where a dangerous condition exists in the sidewalk or curb and, in the judgment of the City Engineer or a designated agent, must be repaired, the City Engineer or a designated agent shall give 30 days' notice, unless otherwise specified, to the owners along whose property the dangerous condition exists to remedy such condition. Upon the failure of the owners to remedy the condition within 30 days' notice, unless otherwise specified, the City Engineer may proceed to make the necessary repairs and file a statement of the cost thereof with the City Solicitor, who shall collect said costs. Such costs shall be a lien upon the premises from the time of the completion of the work and shall be subject to the additional collection and costs provisions as more fully described in § 9-107.1.[1]
[1]
Editor's Note: Original § 9-107.3, Expansion joints, which immediately followed this section, was repealed 7-13-1999 by Ord. No. 27-1999.

§ 9-107.3 Bids for curbing and sidewalks; payment of cost and expense. [1]

A. 
The City Engineer or a designated agent is hereby authorized and directed, in accordance with accepted bid practice, to award a contract for realigning, constructing or reconstructing curbing and for the constructing or reconstructing of sidewalks by authority of §§ 9-107.1 and 9-107.2. No single contract shall cover the work herein authorized for a period greater than one year.
[Amended 7-13-1999 by Ord. No. 27-1999[2]]
[2]
Editor's Note: This ordinance also repealed original Subsection (c) of this section.
B. 
All proceedings and work incidental to such work shall be taken and done, and the cost and expense thereof paid for, and the assessments levied on the abutting properties shall be collected as provided by §§ 9-107.1 and 9-107.2 and according to the provisions of § 9-107.1.
[1]
Editor's Note: This section derives from Ord. No. 4-1969.

§ 9-107.4 Removal of structural barriers to handicapped.

A. 
The owner of any property abutting any intersection, cartway or alley in the central business district is required to provide curb cut modifications to allow for the mobility of handicapped individuals.
B. 
The central business district is delineated as that district bounded by Paxton Street on the south; Forster Street to the north; Front Street on the west; Seventh Street and south of Walnut to Fifth Street on the east, and such requirements apply to both sides of the boundary streets herein named and all streets, alleys, and cartways between and within. Further, the City Engineer or a designated agent is hereby empowered to determine other properties within or outside the central business district where curb cuts must be installed based on factors that include, but are not limited to, intersections or other locations that attract a multitude of visitors or intersections or other locations that are frequented by handicapped individuals, including the Third Street Commercial Corridor between Forster and Calder Streets.
[Amended 7-13-1999 by Ord. No. 27-1999]
C. 
The installation of the curb cuts as required by this section must be completed by December 1, 1993, and the expense of installation is to be borne by the property owner.
[Amended 7-13-1999 by Ord. No. 27-1999]
(1) 
If the necessary changes are not made within the required time period of nine months from enactment, the City Engineer or a designated agent may do the necessary work or cause the same to be done and collect the costs from the property owner responsible for installation. The amount of such claim shall be a lien upon the premises from the date of the commencement of the work, which date shall be fixed by certificate of the City Engineer, and shall be subject to the further collection and cost provisions as more fully described in § 9-107.1.
(2) 
The City Engineer or a designated agent is hereby authorized and mandated to require the owner of any property located within the municipal boundaries of the City but not within the central business district, as described in Subsection B, to install curb cuts upon the installation of any new sidewalks and street curbing or the substantial reconstruction of existing sidewalks and street curbing at any intersection, cartway or alley.
D. 
The installation of the curb cuts shall conform to the specifications of the City Engineer and may be changed from time to time as new materials, techniques or changes in the law may allow in order to effect the best intention of this chapter, and any such changes are hereby asserted as having the same force and effect as the provisions of this section.
[Amended 7-13-1999 by Ord. No. 27-1999]

§ 9-107.5 Service of notice. [1]

Whenever notice is necessary under this chapter, such notice shall be properly served upon the owner if a copy thereof is delivered to the owner personally; or by leaving a notice at the usual place of abode with someone of suitable age and discretion, who shall be informed of the contents thereof; or at the principal place of business; or by certified or registered mail, addressed to the owner at the last known address, with return receipt showing it has been delivered. If the return receipt shows that it has not been delivered, then service may be made by posting a copy thereof in a conspicuous place in or about the structure affected by such notice. Such notice shall set forth a reasonable time for such compliance to be accomplished.
[1]
Editor's Note: This section derives from Ord. No. 27-1989.

§ 9-107.99 Enforcement; penalty.

A. 
The Director of Public Works, the City Engineer, a designee of the City Engineer, Plumbing Inspector, Codes Administrator, and Director of the Bureau of Water shall act in the capacity of police officers for the limited purpose of issuing nontraffic summary citations to owner(s) of premises or persons who are found in violation of this chapter.
[Amended 7-13-1999 by Ord. No. 27-1999[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).
B. 
The Director of Public Works may, by written rule or regulation, designate further employees of the Department of Public Works who may issue such citations. Such rules or regulations shall be effective three days following filing with the City Clerk.[2]
[2]
Editor's Note: This subsection derives from Ord. No. 27-1990.
C. 
Violation of any part or whole of this chapter shall be punishable under the general code penalty, § 1-301.99, and any other applicable law or regulation.