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. 37-1934. Amendments noted where applicable.]
CROSS-REFERENCES
Building Code: see Ch. 8-101.
Local Agency Law: see Subchapter B of Chapters 5 and 7, Act of April 28, 1978, P.L. 202, as amended (2 Pa.C.S.A. §§ 105, 551 to 555 and 751-754).
Street cuts: see Ch. 9-103.

§ 9-109.1 Special permit required.

[Amended 7-13-1999 by Ord. No. 27-1999]
It shall be unlawful for any person to remove any curbing located in or along any highway of the City or to change the line or grade of any such curbing without first obtaining a special permit therefor from the City Engineer, which special permit shall be in addition to the regular permit, if any, required by the Building Code.[1]
[1]
Editor's Note: See Ch. 8-101, Building Code.

§ 9-109.2 Permit application.

[Amended 7-13-1999 by Ord. No. 27-1999]
The application for such permit shall be in writing on such form as provided by the office of the City Engineer and shall be signed by the owner of the premises affected by the improvement and filed in triplicate. Said application shall be accompanied by a plan, drawn to scale, setting forth the details of the proposed improvement. In addition, the applicant shall furnish such other and further information as the City Engineer may require.

§ 9-109.3 Permit refusal.

[Amended 7-13-1999 by Ord. No. 27-1999]
The City Engineer may refuse to issue any such special permit when, in his or her judgment, the proposed improvement will in any manner interfere with the safe and convenient use by the public of the highway affected thereby.

§ 9-109.4 Appeal of permit refusal.

[Amended 7-13-1999 by Ord. No. 27-1999]
Any applicant who may be refused any such special permit by the City Engineer may, within five days from such refusal, appeal therefrom in the manner provided by law for appeal from the decisions of local agencies.

§ 9-109.5 Provisions supplemental.

The requirements and provisions of this chapter are supplemental and additional to the provisions of the Building Code[1] and any other ordinances, rules or regulations concerning the removal or change of grade or line of curbing in or along any highway of the City.
[1]
Editor's Note: See Ch. 8-101, Building Code.

§ 9-109.6 Service of notice.

[Ord. No. 27-1990]
Whenever notice is necessary under this chapter, such notice shall be properly served upon such 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 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.

§ 9-109.99 Enforcement; penalty.

A. 
The Director of Public Works, the City Engineer, a designee of the City Engineer, and any other designated official of the City 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]
B. 
The Director of Public Works may, by written rule or regulation, designate additional 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.
[Ord. No. 27-1990]
C. 
Violation of any part or the whole of this chapter shall be punishable under the general code penalty, § 1-301.99, and any other applicable law or regulation.