[Adopted as Sec. 10-3 of the Revised General
Ordinances]
It shall be the duty of the owner of any property
abutting any public street in the Borough upon which a curb or sidewalk
now exists or is hereafter constructed to maintain the curb, driveway
entrances and sidewalks in front of his property in good condition
and at proper grade by reconstructing, repairing or improving them
in accordance with the provisions of this article and the plans, specifications
and grades supplied by the Borough Engineer.
Where the property owner fails to improve, maintain or repair the sidewalks, curbs and driveway entrances abutting his property as required by § 202-47, the Mayor and Council may cause a notice to be served on the owner requiring him to undertake the necessary construction or repairs within 30 days from the date of service of the notice.
The notice shall contain a description of the
property affected sufficient to identify it, a description of the
repairs or improvements necessary to comply with this article, and
a statement that, unless the owner completes the repairs or improvements
within 30 days after the service of the notice, the Borough will make
the improvements at the expense of the owner.
Notice under this article may be served personally
or by leaving a copy at the owner's usual place of residence with
a member of his family above the age of 14 years. In the case of infants,
notice shall be served on their guardians. When real estate is held
by joint tenants, tenants in common, or tenants by the entirety, service
upon any one tenant shall be service upon all. If the owner of the
real estate is not a resident of the Borough, notice may be served
upon him personally or upon his agent in charge of the property, or
mailed to the nonresident owner at his last known address. if the
owner is unknown or for any reason service cannot be made in the manner
provided herein, the notice shall be published at least once in a
newspaper circulating in the Borough not less than 30 days before
the improvements are made by the Borough. Notice to the owners of
several parcels of real estate may be inserted in the same publication.
Where the property owner, after being served with notice, neglects to make the required repairs or improvements within 30 days, the Mayor and Council may cause the improvements to be made under the supervision of the appropriate Borough officer or may award a contract for the making of it. The Borough officer in charge of the improvement shall keep accurate account of the costs. The Mayor and Council shall examine the report and, if properly made, confirm it and file it with the officer charged with the collection of assessments who shall record it in the book in which other assessments of the Borough are recorded. Before confirming the report, the Mayor and Council shall give notice to the owner of the property of the time and place fixed for examination of the report. The notice shall be served in the manner provided in § 202-50, but failure to give notice shall not invalidate any assessment. Where several properties are benefited by repairs or improvements made in accordance with this section, the cost shall be assessed against the properties benefited in proportion to their frontage upon the street or sidewalk.
No person shall perform any work of constructing,
improving or maintaining any sidewalk or curb or break up the surface
or make any excavation in any sidewalk without first having obtained
a permit from the Superintendent of Public Works.
Application for a permit shall be made to the
Superintendent of Public Works upon forms provided by him and shall
contain the name and address of the owner of the property abutting
the sidewalk where the work is to be performed, the name and address
of the person who is to perform the work, the nature of the work to
be performed, and such other information as the Superintendent may
appropriately require.
The Superintendent of Public Works shall determine the time limit during which the permit shall be valid, and the work to be performed shall be performed within the limit unless the same is extended in writing by the Superintendent of Public Works. The fee for a permit under this article shall be $10 which shall be used to defray the cost of inspections provided for in § 202-55.
Work performed under a permit required by this article shall be inspected by the Superintendent of Public Works or his authorized agent at least once a day and at its completion. It shall be the duty of the permittee to notify the Superintendent 24 hours before the commencement of the work and immediately upon the work being completed. In the event that the Superintendent or his agent discover that the work or any part of it is not being performed in accordance with the provisions of this article or the plans and specifications on file in the Superintendent's office, he shall so notify the permittee or his agent. Work shall immediately cease and shall not be resumed until the violation is corrected. If the permittee fails or refuses to correct the violation within a reasonable time, the Superintendent may correct it or cause it to be corrected. In that event, the cost of correcting the violation shall be a municipal lien against the property abutting the sidewalk and shall be collected in the manner provided in § 202-51.
