It is the intent of this article to provide
maintenance and repair standards for public sidewalks in Clarion Borough,
Pennsylvania. The Borough's overall goal is to provide safe sidewalks
within the Borough for the use of its residents and the general public.
As used in this article, the following terms
shall have the meanings indicated:
BOROUGH
Clarion Borough, a political subdivision located within the
County of Clarion, Commonwealth of Pennsylvania.
DESIGNATED REPRESENTATIVE
The Borough Zoning Officer, Borough Street Commissioner or
any other person named by the Borough Manager.
OWNER
The owner or owners of real estate upon which a public sidewalk
is constructed, or the owner of real estate adjacent to a street right-of-way
upon which a public sidewalk is constructed. In the event that the
property is owned by a corporation, partnership or other entity, it
shall mean, respectively, an officer of the corporation, a partner
or a member of the entity.
PUBLIC SIDEWALK
Any sidewalk now existing or hereinafter constructed in the
Borough which is used, or available for use, by the general public.
Examples of the sidewalks included in this definition are sidewalks
which are adjacent to street rights-of-way and any sidewalk that provides
an access to a public building or other place open to the general
public. Examples of sidewalks which are not included within the definition
are sidewalks that lead from the public sidewalk to a private dwelling
or building or any other sidewalk not open to the general public.
Each owner of property adjacent to or upon which
a public sidewalk has been constructed or is in the future constructed
shall be responsible to maintain the sidewalk in a good and safe condition.
No public sidewalk, or portion thereof, may be removed without the
permission of or at the direction of Clarion Borough.
A public sidewalk which exhibits one or more
of the following conditions shall be deemed, for purposes of this
article, to be unsafe and in need of repair:
A. Surface deterioration. Surface deterioration refers
to sidewalks that are experiencing cracking, spalling or deterioration,
for whatever reason, of concrete, brick, stone or other material.
A sidewalk section must be repaired when 25% or more of the exposed
horizontal surface has cracked, chipped or crumbled, exposing aggregate
and creating peaks and valleys, to a depth at any point of 1/4 inch
or more below the original surface. A section must also be repaired
if an area of 16 square inches or more has deteriorated or has developed
a hole at least 1/4 inch deep in the surface. Deteriorated material
must be removed down to sound concrete and the area thoroughly cleaned
before repair.
B. Horizontal alignment. A sidewalk shall be repaired
when a crack within a section or a joint between two adjacent sections
has separated to a distance of 1/2 inch or greater or when the edges
of a crack are chipped or broken to create surface openings of 1/2
inch or more.
C. Vertical alignment. A sidewalk section that is raised
or lowered exposing one-fourth-inch change in level may be vertical
and without edge treatment. Changes in level between 1/4 inch and
1/2 inch shall be beveled with a slope no greater than 1:12. Change
in level greater than 1/2 inch shall be accomplished by means of a
ramp that complies with Section 4.7 or 4.8 of the Americans with Disabilities
Act (ADA) Handbook. The section can be physically raised or lowered
to be realigned with the adjacent sections. If an entire section has
sunk, it may be patched with concrete bonded overlay of the entire
section. The minimum thickness of this patch cannot be less than one
inch unless otherwise recommended by the material manufacturer's specifications.
Placing a wedge of patch material over a portion of the section is
not acceptable. If vertical movement occurs around a crack which,
in the opinion of the Borough's representative, creates a tripping
hazard or potentially unsafe condition, the section shall be removed
and replaced. Cracks shall be chipped out in a V-shape to sound concrete
and thoroughly cleaned before repair. Repairs shall be made by first
applying a bonding agent and next placing patch material composed
of a half-and-half mixture of portland cement and sand or with a commercial
epoxy-type concrete patch or other material such as vinyl modified.
D. Missing sidewalk. A concrete sidewalk slab or other
sidewalk material that is missing shall be replaced.
E. Holes: when a sidewalk has one or more holes in it
measuring two inches or more in diameter and at least 1/2 inch deep.
The owner of any public sidewalk which exhibits any of the conditions described in §
185-4 above shall immediately repair the public sidewalk so as to correct the defective condition(s).
In the event that the designated representative determines that an owner's public sidewalk contains one or more of the conditions described in §
185-4, he shall send the owner of the property adjacent to or upon which the public sidewalk is located notice of the defective condition and a direction to repair the public sidewalk to eliminate the defective condition. The property owner shall have a period of 120 days in which to correct the defective condition.
[Amended 12-20-2013 by Ord. No. 2013-798]
In the event that the public sidewalk is not
repaired within the time period specified within the notice or the
owner is found to have violated any other provisions of this article,
then the owner of the property adjacent to or upon which the public
sidewalk is located shall be in violation of this article and, upon
conviction by a Magisterial District Judge, shall be sentenced to
pay a fine of $500 together with the cost of prosecution and, upon
default of payment of fine and costs, imprisonment for not more than
30 days. Each day the defective condition continues after the expiration
of the repair notice shall constitute a separate violation.