Under special circumstances where, in the judgment
of the Borough Manager, there shall be no other practicable means
for the storage of building material, the Manager may grant a permit
to the holder of a building permit for the storage of building material
upon a limited portion of the street and/or sidewalk abutting the
property where such material is to be used. Such permit shall be granted
upon filing of an application therefor with the Manager and upon payment
of a fee of $1, which shall be for the use of the Borough. Such permit
shall be issued upon the following conditions:
The permit shall be valid for not more than 30 days
from date of issuance, but may be extended, at the discretion of the
Borough Manager, upon payment of a further fee of $1 for each extension
of 30 days.
The holder of the permit shall place lights and guards
in the vicinity of or around such material, as required by the ordinances
of the Borough,[1] so as to prevent injury to persons and property.
The holder of the permit shall, in accepting such
permit, assume all liability for damages, losses, costs or expenses
that may be occasioned by reason of the placing of such material upon
the sidewalk and/or street.
All such material shall be removed from the sidewalk
and street, and the sidewalk and street shall be restored to the condition
in which they were immediately prior to the storage thereof on or
before the date of expiration of such permit or of the extension of
such permit.
If the holder of any permit shall fail to comply with
the provisions of these conditions, such material may be removed by
order of the Borough Manager and shall be placed upon the property
where such material is to be used, outside the limits of the street
and sidewalk. In such case, the expense of such removal, with any
additional charge authorized by law, shall be collected by the Borough
from the holder of such permit, provided that nothing herein shall
be construed as interfering with the grading of streets or sidewalks
or the improving of streets or the placing of material for such purpose
under the direction of the Borough Manager.[2]
Editor's Note: Original § 130-18
of the 1975 Code. Violations and penalties, which immediately followed
this section, was deleted 8-26-1991 by Ord. No. 413.