Borough of Malvern, PA Article IV Construction and Repair

[Adopted 10-14-1975 by Ord. No. 251 (Part 12, Ch. 2, Art. A, of the 1975 Code of Ordinances)]

§ 179-22 New building construction to include sidewalks and curbing.

All new buildings constructed in the Borough of Malvern after May 8, 1972, shall provide both sidewalks and curbing, the design and location of which shall be determined by the Borough Engineer and approved by Borough Council. Such plans and specifications shall be available for inspection at the Borough office.

§ 179-23 Existing sidewalk and curbing to be kept in good repair.

All existing sidewalk and curbing in the Borough of Malvern shall be maintained in good order and repair by the property owners. In addition, the Borough shall have the power to make emergency repairs to any sidewalks in accordance with the provisions of Section 1806 of the Borough Code,[1] incorporated herein by reference.

[1] Editor's Note: See 53 P.S. § 46806.

§ 179-24 Existing buildings lacking sidewalks.

All existing buildings lacking sidewalks or curbing shall be required to install the same at such time as may hereafter be determined by resolution or ordinance of Borough Council.

§ 179-25 Existing driveways; standards.

[Added 12-2-1975 by Ord. No. 254]

All existing driveways shall conform to the standards of width as established by the Pennsylvania Department of Transportation.

§ 179-26 Permit required: conditions.

A. Every contractor, prior to commencing work upon the construction of either curb or sidewalk, shall obtain a sidewalk and curb permit from the Borough Building Inspector. A permit will be issued at no charge upon:

(1) Posting a bond in the amount of $1,000 payable to the Borough.

(2) Signing an application acknowledging receipt of the current sidewalk and curb specifications and intention to comply therewith.

B. No permit shall be required if the work is performed by the property owner.

§ 179-27 Violations and penalties.

A. Any person violating any of the provisions of this chapter shall, for each and every such violation, pay a fine of not more than $1,000 and the costs of prosecution thereof, which shall include reasonable attorney’s fees.

[Amended 8-16-2005 by Ord. No. 2005-4]

B. In addition to the penalties hereinabove set forth, upon the neglect of any property owner to comply with any of the requirements herein provided, the Borough may, after notice, cause the grading, paving, repairing, curbing and/or guttering to be done at the cost of such person, etc., and may collect the cost thereof plus 10% additional, together with all charges and expenses, from such person and may file a municipal claim therefor or collect the same by action in assumpsit. All such notices shall be served upon the owner of the premises to which the notice or refers, if such owner is a resident of the Borough. If the owner is not a resident, then the notice may be served upon the agent or tenant of the owner, or upon the occupant of such premises, or, if the owner has no agent or tenant or there is no occupant of such premises, then service shall be by notice posted upon the premises.

Amendment Note: (a) This article replaces similar provisions of Ord. No. 197, May 8, 1972, as amended by Ord. No. 226. Ord. No. 251 was supplementary to Ord. No. 197, as amended. Ord. No. 197 had only one provision not covered by its successor, now included, without the phrase "within 90 days of the date of this ordinance," as § 179-25. (b) Ord. No. 238, March 4, 1975, exempted the following streets from the provisions of this article: Sugartown Road from King Street south to the Borough line; Paoli Pike east of Warren Avenue.

C. Any person found guilty of or liable for violating any ordinance of the Borough shall be assessed court costs and reasonable attorney's fees incurred by the Borough in the enforcement proceedings.

[Added 9-17-2013 by Ord. No. 2013-6[1]]

[1] Editor's Note: See also § 1-9B.