On and along the line of all streets, avenues and highways in the Borough of Westmont now or hereinafter to be paved, it shall be the duty of owners of lots abutting thereon to lay, maintain and keep in repair substantial curbing and sidewalks of concrete, according to specifications to be furnished upon application to the Westmont Borough Director of the Department of Public Works. Said curbing and sidewalks shall be placed upon lines and grades established by the Director of Public Works and given upon application by the Director of Public Works upon consultation, if necessary, with the Borough Engineer; provided, however, that in all cases where curbing or sidewalks do not currently exist along streets, avenues and highways in said Borough, no property owner shall be forced to construct the same until such time as the Borough shall engage in an improvement to the roadway, which improvement could be paving, macadamizing and installation of storm sewers or otherwise disturbing it or improving the cartway of said highway.
[Adopted 12-11-1984 by Ord. No. 623]
[Amended 1-14-2003 by Ord. No. 773]
If the owner of any lot or lots in said Borough shall neglect or refuse to lay, maintain or keep in repair curbings or sidewalks as provided for in § 193-13 within 30 days after notice from the Director of Public Works of the Borough to lay or repair the same, then the Borough of Westmont shall have the option to:
A.
File charges before a district magistrate to compel the repairs to be made according to standards prescribed by the Director of Public Works of the Borough of Westmont. Each day of failure to make repairs shall be considered a separate continuing violation subject to a per diem fine not to exceed $250 per day; or
B.
The Director of Public Works may forthwith cause the same to be done at the cost of the owner or owners of such lot or lots, and the proper officers of the Borough shall thereupon collect the cost thereof, together with all charges and expenses, including reasonable legal fees incurred by the Borough, from such owner or owners and shall file a municipal claim therefor or collect the same by action in assumpsit.
Notice of 30 days shall be given to any property owner to do work on curbing or sidewalks when, in the case of curbing, recurbing or repaving the sidewalk, it shall form part of an improvement resulting also in the paving, macadamizing and installation of sewers or otherwise improving the cartway of said highway.
The Borough of Westmont will allow a period of 30 days after the completion of the improvement for the voluntary payment of the cost thereof by the owner of the abutting property before filing a municipal lien against such property according to law.