[Amended 12-10-1996 by Ord. No. 9-1996]
Be it enacted and ordained by the Mayor and
Council of the Borough of Upland, and it is hereby enacted by the
authority of the same, that it shall be unlawful for any person or
persons to erect, alter or maintain any structure, driveway, bridge,
culvert, drainpipe or obstruction of any kind over, in or upon any
gutter or drain in any street, avenue, lane, court, alley, sidewalk
or passageway in the Borough of Upland, unless application for a permit
shall have been made by the owner or occupier of the abutting property
or the builder to the Building Inspector and a permit shall have been
obtained from the Borough.
A. The application for a permit shall set forth the kind
and character of the structure, driveway, bridge, culvert or drainpipe
and the exact location of the same, and in such application the applicant
shall agree to assume all liability for all or any damages accruing
to the public or to said Borough which may or might result from the
use of said highway, street, avenue, lane, court, alley, sidewalk
or passageway upon which the same is located or by reason of the character
and condition of said structure, driveway, bridge, culvert or drainpipe,
and shall agree to maintain the same at all times in good order and
repair, free and clear of any and all obstructions which may interfere
with the flow of surface water and drainage.
B. Any structure, driveway, bridge, culvert, drainpipe
or obstruction of any kind erected or maintained in, upon or over
any gutter or drain without having obtained a permit therefor, or
contrary to the rules and regulations of the Borough with reference
to the amount of clearance and character of the structure, is declared
to be a public nuisance and abatable as such.
[Amended 12-10-1996 by Ord. No. 9-1996]
A. Whenever the Borough Council of said Borough of Upland
shall by resolution or otherwise direct that any structure, driveway,
bridge, culvert, drainpipe or obstruction erected or maintained over,
in or upon any gutter or drain in any street, avenue, lane, court,
alley, sidewalk or passage or in front of any particular property
or properties be removed, altered, repaired or cleaned of earth, rubbish
or obstructions of any kind that may interfere with the flow of the
surface water or drainage, it shall be the duty of the owner or owners
of the lands abutting thereon to remove, alter or repair any such
structure, driveway, bridge, culvert, drainpipe or obstruction and
to clean, clear away and remove any earth, rubbish or obstruction
in or upon the gutters or drains that collect by reason of any such
structure over, in or upon any gutter or drain in front of their respective
properties. If any such owner or owners or person in charge of the
same shall neglect or refuse to comply with terms of any notice directing
such work to be done within 10 days after receiving such notice, the
Borough Council shall cause such work to be done and the cost and
expense thereof shall be collected from such owner or owners together
with a penalty of 10% thereon to cover the expense of collection,
by filing a municipal claim therefor against the abutting property.
B. Notices required by this section shall be personally
served upon all interested owners resident in the Borough of Upland
and in the case of nonresident owners by registered mail, if the address
of such owners is known; in the case of nonresident owners whose addresses
are not known, such notice shall be served upon the occupants of the
respective premises affected or the person or persons in charge of
the same, or if such premises is unoccupied, written or printed notice
conspicuously posted upon such premises will be sufficient.
[Amended 7-12-1988 by Ord. No. 7-1988; 12-10-1996 by Ord. No.
9-1996]
Any owner, occupier, builder or other person
who shall erect, alter or maintain or who shall do or cause to be
done any work in the erection of any structure, driveway, bridge,
culvert, drainpipe or obstruction of any kind over, in or upon any
gutter or drain, without the permit required by this article first
having been obtained, or who shall fail to comply with any of the
requirements of the permit, such person shall for every such offense
forfeit and pay a fine of not more than $600, which said fine shall
be collected before any District Justice as like fines are now collectible
by existing law or by warrant of arrest. If the fine is not paid,
the person so offending shall be subject to an imprisonment of not
over five days. A new and separate offense shall be deemed to. have
been committed for each day that said violation shall exist.