[Adopted 3-10-1964 by Ord. No. 281; amended in its entirety 12-10-2002 (Ch. 80, Art. IA, of the 1983 Code)]
[Amended9-12-2017 by Ord. No. 2017-04]
It shall be the responsibility of every property owner within the Borough, as and when so required by resolution of Council, to construct, maintain and repair all sidewalks, curbs and gutters located on, adjacent to, or benefiting the owner's property. The owner or owners of any lot or lots in the Borough adjacent to, benefited by or with sidewalks, curbs and/or gutters in the public right-of-way shall maintain such sidewalks, curbs and/or gutters in a safe and passable condition, free of tripping hazards and obstructions. The said owner or owners shall repair any defects in such sidewalks, curbs and/or gutters and remove any obstructions which make them unsafe or impassable to pedestrians.
A. 
Owners of land within the Borough adjacent to, benefited by, or on which sidewalks, curbs and/or gutters are constructed, and persons in possession of any such premises, shall properly maintain, in accordance with criteria developed by the Borough Engineer and approved by resolution by Borough Council, such sidewalks, curbs and/or gutters and shall be responsible for the repair thereof in a manner satisfactory to the Borough. All sidewalks, curbs and/or gutters or sections thereof hereafter constructed, reconstructed or repaired shall conform to the requirements of this article.
B. 
The obligation of maintenance shall include, but not be limited to:
(1) 
Repair of holes and repair of cracks having a width in excess of 1/2 inch at any one point along a length of one foot or greater.
(2) 
Maintenance of a constant grade.
(a) 
Repair shall be made when one or more sections of this sidewalk and/or gutter rises above or drops below the grade of the edges of immediately adjacent sections resulting in an irregular surface with depression greater than 1/2 inch in depth.
(b) 
Repair shall be made when the curb is out of vertical alignment with the adjacent curb or an adjacent section or slab of sidewalk in excess of 3/4 inch.
(c) 
Repair shall be made when the curb is out of horizontal alignment with the adjacent curb in excess of 1/2 inch.
(3) 
Repair of any section of sidewalk that has spalling on 25% or more of its surface.
(4) 
The removal of leaves, tree limbs, grass clippings, debris, cinders, gravel, grits, or any other refuse on such sidewalk or projecting branches and other obstructions below six feet eight inches above the sidewalk. The property owner shall be responsible for the prompt removal of any such items whether or not such items were deposited by the owner, the owner's tenants, anyone acting under the owner's direction, control, license or any third person. Such leaves, tree limbs, grass clippings, debris, cinders, gravel, grits and other refuse shall be properly bagged and disposed of upon being removed from such sidewalk. The sweeping or other removal of such items onto a Borough street is prohibited.
(5) 
Repair of any other instance which may create a pedestrian safety hazard as determined by Borough Council.
Notice to reconstruct, repair, and or replace existing sidewalks, curbs and/or gutters, due to unsafe conditions, shall be provided in writing to the owners of the property containing said sidewalks, curbs and/or gutters. Such owners shall have 60 days in which to reconstruct, repair or replace said unsafe conditions, except where repairs are required, which in the opinion of Borough Council, are of an emergency nature, such repairs shall be made within 96 hours of said notice. As and when Council shall deem it necessary for the safety or convenience of the public or the protection of streets and property that a sidewalk, curb and/or gutter be constructed, reconstructed or repaired either preparatory to or after making of street improvements, it shall, by resolution, direct such construction, reconstruction or repair along such properties as shall be therein designated by specific or general description. Promptly after the adoption of such resolution, the Borough Secretary shall give written notice of said resolution to the owner or owners of each property affected thereby and requiring that the work be done in accordance therewith. If the 60 days conclude after November 15, then said repairs shall be made on or before April 30 of the year following said notice.
Any notice required to be given under this article shall be given in the manner prescribed by the Borough Code. If the property shall be unoccupied and if the owner lives outside the Borough and the owner's address is known to the Secretary, the notice shall be given to such owner by personal service or registered mail also.
Any property owner, upon the owner's own initiative and without notice from any Borough authority, may repair a sidewalk, curb and/or gutter along the owner's property, provided that such owner shall have obtained the permits specified in this article and shall do such repairs in accordance with the requirements of this article.
All sidewalks, curbs and/or gutters hereafter constructed or reconstructed on any street or alley of the Borough, whether constructed voluntarily or upon direction of Council pursuant to the provisions of this article, shall conform to specifications as may be adopted from time to time by resolution of Council.
[Amended 6-12-2007]
For the purposes of this article, that portion of any sidewalk which constitutes a portion of a driveway may be constructed of concrete or brick, but also may, at the discretion of the property owner, be constructed with the same material used in the remainder of said driveway, provided such surface is asphalt, bituminous paving or similar surface.
[Amended 6-12-2007]
No person or group of persons, partnership, corporation or other entity shall commence the construction or reconstruction or repair of any sidewalk, curb and/or gutter in the Borough without first making application for and securing a permit therefor from the Borough. Permits shall be issued by the Borough Secretary or other person designated by Borough Council in accordance with the applicable provisions, provided that any deviation from the standards set forth herein or adopted by resolution of Council must be submitted to the Borough for review and Council for approval.
A. 
A permit shall be required for patching or repair of existing sidewalks, curbs and/or gutters.
B. 
As used in this article, "reconstruction" shall mean the complete replacement of sidewalk, curb, and/or gutter to either existing or new line and grade.
C. 
Any permit issued under this article shall be null and void unless work is commenced within six months of its issuance. If work is commenced within said six-month period and abandoned within one year of the date of issuance of the permit, said permit shall be null and void. Up to two ninety-day extensions of time may be granted by the Borough Secretary or other person designated by Borough Council for cause shown after written application for such extension.
D. 
The permit fee amount shall be established by resolution of the Borough Council.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Upon the neglect of any owner or owners of property to reconstruct, repair or replace existing sidewalks, curbs and/or gutters in a safe and usable condition, the Borough shall, after notice as herein provided, cause the reconstruction, repair or replacement of said sidewalk, curb, and/or gutter to be done at the cost of such property owner or owners and shall collect the costs thereof, together with all charges and expenses plus 10%, from such owner and/or owners, and may file a municipal lien therefor in the Court of Common Pleas or collect the same by action in assumpsit according to the Acts of Assembly of the Commonwealth of Pennsylvania pertaining thereto.
[Amended 6-12-2007]
If any sidewalk, curb and/or gutter shall be reconstructed, repaired or replaced without conforming to the requirements of this article, or of any other ordinance or law, the Borough may require the owner of the premises and other persons responsible for such construction to remove the faulty sidewalk, curb or gutter as a nuisance, and replace it with conforming construction and, on failure of such person to do so within such time, as the Borough may proceed to do so and collect the cost thereof plus 10% by entry of lien or otherwise.
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Lancaster County.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).