[Adopted by the Borough Council 6-1-2021 by Ord. No. 21-09[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II,
Sidewalks and Curbs, adopted 4-6-1982 as Ch. 186, §§ 186-4,
186-11, 186-12 and 186-16 through 186-32, of the 1981 Code, as amended.
A.
PERSON
SIDEWALK SALE
Definitions. As used in this section, the following terms shall have
the meanings indicated, unless a different meaning clearly appears
from the context:
Any natural person, partnership, association or corporate
or legal entity.
The display, sale, offering for sale or distribution of goods,
wares, produce and other merchandise within the public rights-of-way
of the Municipality of Norristown, specifically the sidewalks and
footpaths of the Municipality, in those zoning districts where retail
sales are permitted.
B.
Registration and permit required. No person shall undertake or hold
a sidewalk sale in the Municipality of Norristown without first registering
with the Norristown Code Enforcement Department, using forms provided
by the Municipality for this purpose. Upon registration, the applicant
shall be issued a sidewalk sale permit, which may set forth conditions
prescribed by the Municipal Administrator for the conduct of such
sidewalk sale, which conditions shall be reasonably related to the
particular nature of the sidewalk sale being conducted. Any permit
issued pursuant to this article may be revoked by the Municipal Administrator
at any time for breach of any condition of the permit or of the terms
of this section. Such permit shall not be transferable in any manner
to anyone other than the applicant. There shall be no registration
fee.
A.
It shall be unlawful for any person to throw or place removed snow
or ice in the traveled area of a street in the Municipality of Norristown.
B.
Placement of objects in the street.
(1)
Following a snow or ice storm, no person or entity shall place, anywhere
in the streets of Norristown, any object whatsoever that impedes municipal
snow-removal operations.
Every property owner shall be responsible for keeping the full
width of the sidewalk area free and clear of any obstruction or anything
which interferes with the usual or normal use of the sidewalk by pedestrians.
Such owners, on 30 calendar days' notice, must remove any embankment
or other obstacle within the sidewalk area or prevent any water emanating
from springs or other sources from flowing across the sidewalk. Such
water must be piped by the owner of the land to the nearest storm
sewer or other outlet for such water or be piped under the sidewalk
to the gutter line. In the event that any water so piped to the gutter
line creates a hazard by excessive flow into the gutter or by freezing
in wintertime, then, in such event, the owner must pipe the same to
the nearest storm sewer or other outlet so that the water will not
accumulate in the gutter by freezing or otherwise.
Every owner of property in the Municipality abutting on any
street now laid out or hereafter to be ordained and laid out in the
Municipality shall, within 30 calendar days' notice from the
Public Works Director, construct a sidewalk, which shall conform to
all applicable requirements of this article, in front of or alongside
of such property. The Public Works Director may increase the notice
requirement, on a case-by-case basis, not to exceed one calendar year.
The Public Works Director may increase the notice requirement no more
than twice per year.
Every owner of property in the Municipality abutting on any
street now laid out or hereafter to be ordained and laid out in the
Municipality shall, within 15 calendar days' notice from the
Public Works Director, repair the sidewalk in the manner stipulated
in such notice in front of or alongside of such property. The Public
Works Director may increase the notice requirement, on a case-by-case
basis, not to exceed one calendar year. The Public Works Director
may increase the notice requirement no more than twice per year.
Every owner of property in the Municipality abutting on any
street now laid out or hereafter to be ordained and laid out in the
Municipality, on notice from the Public Works Director, shall cause
emergency repairs to be made to the sidewalk whenever the proper committee
of the Council deems it necessary, and the Public Works Director notifies
the proper owner or owners.
Each notice required by this article must be served upon the
owner of the premises to which the notice refers if the owner is a
resident of the Municipality. If the owner is not a resident of the
Municipality, such notice is to be served upon his agent or the tenant
or occupant of the premises in question. If service cannot be made
in any of the ways above mentioned, the service can then be made by
posting the notice on the premises involved.
All sidewalks and curbs shall be constructed, reconstructed
and repaired of concrete or other approved material according to specifications
determined from time to time by the Public Works Director, a copy
of which specifications shall be made available to any property owner
upon request.
All sidewalks or curbs shall be constructed, reconstructed and
repaired and the grading therefor done upon the line and grade obtained
by the property owner from the Public Works Director. Upon notice
as provided in this article, as the case may be, such work of construction,
reconstruction or repair to either sidewalks or curbs shall be done
by the owner or owners of such property.
A.
In the event that any owner of property fails to comply with the
requirements of this article, as determined by the Public Works Director,
and the same shall not be corrected in accordance with the Public
Works Director's instructions, including the removal of construction
materials and debris; after 15 calendar days' notice, the Municipality
may complete any such required work and charge the costs plus 25%
to the property owner. If unpaid, the Municipality shall have the
right to assess the costs for such work against the owner and the
property, such costs to be a lien against the property as provided
for in the Municipal Claims and Tax Lien Act, Act of May 16, 1923,
P.L. 207, as amended and supplemented.
B.
Service of notice. The notice provided for in Subsection A above shall be served upon the owner of the property to which the notice refers if such owner is a resident of the Municipality or, if not, then upon the agent or tenant of the owner or upon the occupant of such property. If the owner has no agent or tenant or there is no occupier of such property, then service shall be by printed or written notice posted upon the premises.
Upon being granted a permit from the Public Works Director,
any property owner, upon their own initiative and without notice from
any Municipality authority, may construct, reconstruct, or repair
a sidewalk or curb in front of or along his property, and shall conform
to the requirements of this article as to line and grade and as to
material used. The property owner shall also notify the Public Works
Director within two calendar days upon completion of work so the work
can be inspected.
It shall be the duty and responsibility of the Public Works
Director to determine, in the case of any individual property, whether
or not the sidewalks or curbs are being constructed or repaired as
required, and during the course of work of constructing, reconstructing
or repairing any sidewalk or curb, to visit the site to ascertain
whether such work is being done according to requirements. Within
two calendar days after the completion of the work of construction,
reconstruction or repair of any sidewalk or curb, it shall be the
duty of the owner of the property where such work was done to notify
the Public Works Director of that fact so that he may inspect such
sidewalk to determine whether the grade thereof has been observed
and followed.
Upon the request of Council or the Municipal Administrator,
the Public Works Director shall make a general inspection of some
or all of the sidewalks within the Municipality. If such inspection
is performed, the Public Works Director shall report his findings
to the Municipal Administrator. If such inspection is performed, the
Public Works Director shall, after consultation with the Municipal
Administrator, notify, in writing, all property owners whose sidewalks,
trees, vent pipes, curbs or other structures are in need of removal,
repair or renewal.
In addition to any permit fee required under this Article, a
surety bond or a cash escrow, approved by the Municipality, shall
also be posted assuring the Municipality that all provisions of this
article will be met.
A.
If the estimated cost of the construction, reconstruction, or repair
is in the amount of $5,000 or less, than the amount of the surety
bond shall be a minimum of $5,000.
B.
If the estimated cost of the construction, reconstruction, or repair
exceeds $5,000, then the amount of the surety bond shall be in an
amount equal to the estimated costs.
C.
In the case of a permit issued to a public utility, as defined in
66 Pa.C.S.A. § 102, the surety bond shall be in the amount
of $3,000.
D.
In the case of a § 278-19 permit issued for residential property owned by a Norristown resident for work in the amount of $5,000 or less to be completed by said resident, a cash escrow in the amount of twice the required permit fee shall be posted with the Municipality. The cash escrow shall held by the Municipality and returned to the property owner upon completion and inspection of the work by the Public Works Director.
E.
Every applicant issued a permit under this section shall maintain
the required insurance throughout the period of the contract work
and maintenance responsibility as indicated below:
(1)
Public liability insurance: public liability insurance covering the
contractor, its subcontractors and the Municipality for injury or
damage caused directly or indirectly by it or its employees for the
following limits and in the future may be adjusted by resolution of
Municipal Council:
(2)
The Municipality of Norristown shall be named as an additional insured
on such policies. Thirty calendar days' notice of cancellation
of any such policies shall be provided to the Municipality.
A.
The Public Works Director may issue a written ticket to the owner
of the property abutting public rights-of-way, parks, or other Municipality-owned
property which shall provide for a penalty in an amount to be established
by resolution of the Municipal Council and which may be amended from
time to time by resolution of the Council. If this penalty is paid
within seven calendar days of its issue and the condition that warranted
the issuance of the ticket is abated within the time allotted, then
this discharges the violation.
B.
If the violator does not pay the required penalty provided for in this chapter within seven calendar days, and/or does not abate the hazard within the allotted time period, then an appropriate municipal official shall cause a non-traffic citation to be issued in the court of local jurisdiction and, if necessary, abate the hazard in accordance with § 278-18.
C.
The non-traffic citation shall be forwarded to and adjudicated by
a Magisterial District Judge of the Municipality. If found guilty
of the violation, the violator shall be sentenced to pay a fine of
no less than $300 nor more than $1,000, plus costs of prosecution,
plus reasonable attorneys' fees of the Municipality to enforce
this chapter.
D.
Each day the violator continues to violate this chapter shall constitute
a separate offense. In default of payment of said fine and costs,
the violator may be imprisoned in the county jail for a term of not
more than 30 days.
