[Adopted 1-18-1994 by Ord. No. 1612]
Every owner of property in the Borough of Indiana shall, on 60 days' notice from the Public Works Committee of Borough Council, construct, reconstruct or repair the sidewalk in front of and/or alongside such property, in the manner and to the extent stipulated in such notice. The Public Works Committee's decision to require a new sidewalk to be constructed shall be in accordance with an overall Borough-wide plan for sidewalk extension prepared by the Committee, adopted by Borough Council after a public hearing and modified from time to time by Council action after Council receives recommendations from the Public Works Committee.
The Public Works Committee's decision to require a segment of sidewalk to be reconstructed or repaired shall be based on either a determination by the Borough Manager that a hazard to public safety exists that must be immediately corrected, or upon recommendations of the Public Works Committee after inspection of sidewalks. The Public Works Committee, the Borough Manager or the Borough Manager's designated representative shall inspect all sidewalks in each Ward of the Borough not less frequently than once every four years.
"Reconstruction" shall mean complete removal and replacement of an entire sidewalk between property lines. "Repair" shall mean improvement or replacement of deteriorated or hazardous panels within a sidewalk, leaving some or most of the sidewalk intact. A "hazard to public safety" shall mean that a vertical separation greater than 1/2 inch exists between adjacent concrete panels or masonry units, or cracks within panels, or that at least 50% of the surface of any panel has spalled so as to create a rough condition, or that a panel has shifted or tilted so as to create a sloped surface greater than one vertical to 10 horizontal.
All sidewalks shall be constructed, reconstructed and repaired of concrete only, in conformity with specifications adopted by the Borough Council from time to time. Provided: where the existing sidewalk is of brick, and at least 2/3 of such sidewalk between property lines is in good repair, as determined by the Public Works Committee, such sidewalk may be repaired with brick, but where such sidewalk is in such a condition, in the opinion of the Public Works Committee, that more than 1/3 should be replaced, the entire walk between property lines shall be reconstructed of concrete in accordance with Borough specifications.
The sidewalks in the C-1 and C-2 zoned districts may be constructed of chamfered brick pavers. The brick shall be Glen-Gery K&W red, and shall be four inches by eight inches, 2 1/4 inches thick. The brick shall be placed upon a 3/4 inch thick dry pack which shall be on a four-inch concrete base. The base shall be reinforced with number 10 six-by-six wire. The Public Works Committee may approve other pavers that shall be equal in quality and similar in color to the specified Glen-Gery pavers, and may also approve, prior to the start of construction, alternate installation methods. All work is to be performed by skilled craftsmen using a straight edge and other tools to insure a smooth and uniform surface grade consistent with lines and grades established by the Borough. Omni-brick and similar poured-in-place surfaces shall be considered as concrete for purposes of this article. Color additives to the concrete mix shall be prohibited unless specifically approved by the Public Works Committee.
All sidewalks on Philadelphia Street, between Fifth Street and Ninth Street, shall be paved to the full width, from building line to curb. All sidewalks along any other portion of any street of alley shall be paved to a width of four feet, except where the Public Works Committee shall determine that special conditions of terrain, pedestrian or vehicular traffic, continuity of sidewalk width between cross streets or other necessity shall require a sidewalk paved to a width greater or lesser than four feet, in which case the Committee shall order such walk to be paved to the width so determined. When ordering the construction or reconstruction of any sidewalk, the Committee shall establish the grades and lines thereof and such sidewalk shall conform in every respect to such orders as to width, grade and line. Owners of lots located at intersections of streets and/or alleys shall pave sufficiently beyond the corner of the lot to join with the paved sidewalk on the intersecting street or alley.
It shall be the duty and responsibility of the Public Works Committee to determine, in the case of any individual property, whether or not the abutting sidewalk shall be reconstructed or repaired, and if so, the specific part or parts to be reconstructed or repaired. Any property owner receiving an order to reconstruct or repair may appeal to the Committee to rescind, modify or postpone the order, and, if dissatisfied with the Committee's response, may appeal to Council as a whole. A Borough official may at any time during the course of constructing, reconstructing or repairing any sidewalk, visit the site at any reasonable time, or when so requested by the property owner, to ascertain whether the work is being done according to the Borough's sidewalk construction specifications. If the average daily temperature is less than 40°, measures shall be taken to keep the temperature of the concrete not less than 50° for a period of at least seven days after pouring or three days if high-early-strength concrete is used. In hot weather, concrete shall be fog-sprayed or covered with a wet light-colored fabric as soon as hardening of the surface will permit. Within two working days after the completion of the work, it shall be the duty of the owner of the property abutting the sidewalk to notify the Borough Manager of that fact, so that he or his representative may inspect such sidewalk to determine whether the work was done in conformity with the requirements of this article and the Borough's sidewalk specifications.
The owner of property abutting any sidewalk shall be responsible for maintaining not only the sidewalk itself but also any surfaces lying between the street curb or edge of the vehicular pavement and the sidewalk. Such surfaces shall be planted and maintained in grass, or the owner may appeal to the Public Works Committee to approve an alternate surfacing, such as a planted ground cover, or a brick, block, concrete or similar surface, provided such surface is maintained at the same level as the adjacent top of curb and sidewalk surfaces.
Any property owner, upon his own initiative and without notice from any Borough authority, may construct, reconstruct or repair a sidewalk in front of or alongside his property, provided that such property owner shall first make application to the Borough Manager or his representative for a permit, and shall conform to all requirements of this article and the Borough's sidewalk construction specifications as to line and grade and as to materials used. The property owner shall notify the Borough Manager as required by § 400-30 above within two working days after completion of the work to request an inspection.
The Public Works Committee may order, as part of the construction of a new sidewalk or reconstruction of an existing sidewalk, where the project includes a street intersection, that the property owner build a handicap ramp connecting the sidewalk surface and the street curb, depressed to the level of the adjacent street surface.
Each owner who shall violate the provisions of this article shall be subject to a monthly fine of not less than $35 nor more than $100 for the initial month. For each month thereafter, the fine shall double; providing, however, that the total fine shall not be more than $500 in any year. Any violator shall be responsible for the cost of prosecution. Each thirty-day period that the owner continues to violate the article shall be a separate offense.