It shall be the duty of every owner of real
estate located within the City of Monessen, when notified by the City
Council to do so, to construct, reconstruct or repair the sidewalk
abutting upon such property and thereafter to maintain such sidewalk
in safe and proper condition and to keep the same in repair. Every
sidewalk hereafter constructed, reconstructed or repaired shall conform
to all the requirements of this article and to regulations, requirements
and specifications adopted by authority of this article. Any sidewalk
lawfully constructed prior to the effective date of this article,
and conforming to requirements and specifications in effect at the
time of its construction, may continue to be maintained in conformity
with such prior requirements and specifications, but whenever such
sidewalk shall become out of repair to such an extent that the City
Engineer shall determine that ordinary maintenance and repair work
shall be impracticable, the owner of the property abutting such sidewalk
shall reconstruct such sidewalk in strict conformity with the requirements
applicable to newly constructed sidewalks.
No person shall construct, reconstruct or repair
a sidewalk in the City of Monessen without first having procured a
permit from the office of the City Engineer.
Every sidewalk hereafter constructed or reconstructed
in the City of Monessen shall be constructed of concrete at least
four inches in thickness, the composition of such concrete to conform
to specifications recommended from time to time by the City Engineer
and approved by City Council. Such sidewalk shall be laid upon a base
of slag or cinder and shall be paved to a width of at least five feet,
except that, under special conditions relating to topography, location,
street width and/or projected uses of such sidewalk, the City Engineer
may authorize a narrower paved walk. Every sidewalk shall be constructed
strictly to conform to lines, grades and slope or fall prescribed
by the City Engineer. With the special approval of the City Engineer,
a sidewalk may be constructed of material other than concrete if,
in the opinion of the Engineer, such other material would be superior
to concrete in the specific location and situation.
Every property owner notified by the City Council
to construct, reconstruct or repair a sidewalk shall commence such
work of construction, reconstruction or repair, as the case may be,
within 15 days from the date of such notification, and such work shall
be completed within 30 days from the date of such notification. Nothing
herein shall restrict or limit the authority of the City to require
that emergency repairs to sidewalk be made within 48 hours of notice,
as provided in Section 3003 of the Third Class City Code.
In any case where any sidewalk shall not be constructed, reconstructed or repaired, as the case may be, or the work thereof shall not be commenced within the respective time limits prescribed by §
340-14 of this article, the City may proceed to cause such work of construction, reconstruction or repair to be done by the City, and the cost thereof, together with a penalty of 10% thereof, shall be collected from such property owner as provided in Section 3002 of the Third Class City Code.
In any case where a sidewalk shall be constructed, reconstructed or repaired in such a manner as not to conform to the provisions of this article, it shall be the duty of the owner of the abutting property, upon notice from the City Council, to take all necessary measures to bring such sidewalk into conformity with such provisions, either by reconstruction, repair, widening or replacement of such sidewalk, as the case may be. The time limits specified in §
340-14 of this article shall apply to such work, and the authority specified in §
340-15 of this article for the City to do such work in default of the property owner's commencing or completing the same within the applicable time limit shall also apply.
Any person who shall violate or fail to comply
with any of the provisions of this article shall, upon conviction
thereof in a summary proceeding before any District Justice having
jurisdiction of such offense, be sentenced to pay a fine of not more
than $1,000 or to undergo imprisonment not exceeding 90 days, or both.
Each day's violation or failure to comply with any of the provisions
of this article shall constitute a separate offense.