[Adopted 1-16-1995 by Ord. No. 564 (Ch. 21, Part 9, of the 1978 Code
of Ordinances)]
As used in this article, the following terms shall have the
meanings indicated:
A duly executed agreement between the Borough and all parties
owning land adjacent to any right-of-way of any road, and it shall
be in the form attached hereto, marked Exhibit "A" and made a part
hereof.[1]
The Manager, Assistant Manager, Code Enforcement Officer
or Engineer employed by the Borough, as designated by Borough Council.
The improved road surface of any road, excluding the contiguous
paved curbing, if any.
Any fence, wall, tree, shrub, growing object, post, boulder,
retaining wall, driveway entrance or other object placed, planted,
growing or constructed within the right-of-way of any road.
Any impediment, whether natural or man-made, which adversely
affects the convenient use of the public right-of-way or constitute
a public nuisance or safety hazard. Determination of the existence
of an obstruction shall be based on prevalent traffic volume, prevalent
speeds, speed limits, sight lines, road grades, road curves, curbing,
use of guardrails, other similar information and current safety standards
published by AASHTO (American Association of State Highway and Transportation
Officials).
Shrubbery which will not seriously impede the forward progress
of moving vehicles and will not impede the view of travelers either
on the roadway or on intersecting driveways or roadways.
As this term is defined in the Subdivision Ordinance (Chapter 380).
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
Except as otherwise provided herein, no person shall permit
any impediment to be placed or to remain on or adjacent to such person's
property.
A.
Notwithstanding § 310-17 above, the following will be permitted within the right-of-way road outside the cartway and its adjacent curbing:
(1)
Mailboxes and appurtenant posts and supports which comply with the
AASHTO safety standards.
(2)
Permissible shrubbery.
(3)
Any necessary retaining wall and driveway entrance which are required
by the terrain and which have a ruling from the Borough officer that
said wall and entrance do not constitute an obstruction.
B.
Notwithstanding § 310-17 above, the following impediments will be permitted unless and until the Borough officer determines and issues a written ruling that the impediment constitutes an obstruction:
Any party wishing to create a new impediment may request the
Borough to have the Borough officer make a written ruling as to whether
or not an existing or a planned impediment will constitute an obstruction.
In the event the Borough officer rules that a proposed impediment
will not constitute an obstruction, the Borough will offer to enter
into an agreement with such person.
A.
Notwithstanding anything contained herein, the Borough officer may
order the removal of any obstruction by giving a landowner notice
to remove the same within 30 days.
B.
Said order and notice may be appealed to Borough Council within 30
days of the receipt thereof. Council will hold a hearing on said appeal
in accordance with the Local Agency Law.[1] The decision of Council will be final.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq. and 2 Pa.C.S.A.
§ 751 et seq.
A.
Any person who violates or permits a violation of this article shall,
upon conviction in a summary proceeding under the Pennsylvania Rules
of Criminal Procedure, be guilty of a summary offense and shall be
punishable by a fine of not more than $1,000 plus court costs and
reasonable attorneys' fees incurred by the Borough in the enforcement
proceedings. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the Allegheny County correctional facility for a period
not exceeding 30 days, provided that each violation of any provision
of this article and each day the same is continued shall be deemed
a separate offense.[1]
B.
If a nuisance exists hereunder, the Borough may require such person
to abate the nuisance within 30 days of the receipt of a written notice
from the Borough. If such person fails to abate the nuisance, the
Borough may cause the nuisance to be abated and collect the cost thereof
together with a penalty of 10% of such cost from the landowner of
the property.
C.
The collection of the cost of abatement or repair and any associated
or other penalty under the provisions of this article shall not be
construed as stopping or preventing the Borough from proceeding in
courts of law or equity to abate, restrain or enjoin conduct forbidden
under this article or from abating the nuisance under existing law.
It is hereby declared to be the purpose of this article to provide
additional and cumulative remedies, and nothing in this article shall
in any way abridge or alter rights of action or remedies now or hereafter
existing in equity or under the common law or statutory law, including
the right of the Borough to lien affected property under the Municipal
Claims and Tax Liens Act, 53 P.S. § 7101 et seq., or any
successor or similar statute.
Nothing contained herein is intended to repeal or supersede other ordinances relating to the subject matter hereof, including, but not limited to, fences and other applicable provisions of the Zoning Ordinance (Chapter 400). Nothing contained herein is intended to grant any property rights nor to constitute an agreement or understanding with respect to the Borough's right to use or regulate its rights-of-way or any landowner's rights to use the same; the Borough fully retains its rights with respect to such rights-of-way, including enforcement of easement rights and its right to require removal of impediments.
