[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 2-1993. Amendments noted where applicable.]
CROSS-REFERENCES
City may construct sidewalk upon property owner's failure
to do so; collection of costs: see Third Class City Code § 3002
(53 P.S. § 38002).
City's power to establish sidewalks and to require property
owners to construct, curb, maintain, etc.: see Third Class City Code
§ 3001 (53 P.S. § 38001).
Emergency repairs, notice to owner, costs a lien: see Third
Class City Code §§ 3003 and 3004 (53 P.S. §§ 38003
and 38004).
Misdemeanors relating to sidewalks: see Ch. 3-357.
[Amended 7-13-1999 by Ord. No. 27-1999]
The owners of property abutting on any public highway of the
City are required to construct, pave, curb, repave, and recurb the
sidewalks in front of and along such property and to keep the same
in good repair, with cement, concrete, brick, stone blocks or other
permanent paving material satisfactory to the City Engineer or a designated
agent as directed or approved by said City Engineer. If any owner
fails to so construct or fails to repair such sidewalk or curb within
30 days after notice thereof from the City Engineer, the City Engineer
or a designated agent may do the necessary work and file a statement
of the costs thereof with the City Solicitor, who shall collect the
same. The amount of such claim shall be a lien upon the premises from
the date of the completion of work, which date shall be fixed by a
certificate of the City Engineer; the City shall otherwise seek collection
of the full amount, including any and all costs, plus attorneys'
fees. The unpaid balance shall accumulate interest at the rate of
12% per annum or a prorated portion of the same if for any period
less than one year. The City may execute against the property, its
contents and other assets as needed to secure full payment of all
costs owed, including interest and attorneys' fees.
[Amended 7-13-1999 by Ord. No. 27-1999]
Where a dangerous condition exists in the sidewalk or curb and, in the judgment of the City Engineer or a designated agent, must be repaired, the City Engineer or a designated agent shall give 30 days' notice, unless otherwise specified, to the owners along whose property the dangerous condition exists to remedy such condition. Upon the failure of the owners to remedy the condition within 30 days' notice, unless otherwise specified, the City Engineer may proceed to make the necessary repairs and file a statement of the cost thereof with the City Solicitor, who shall collect said costs. Such costs shall be a lien upon the premises from the time of the completion of the work and shall be subject to the additional collection and costs provisions as more fully described in § 9-107.1.[1]
A.
The City Engineer or a designated agent is hereby authorized and directed, in accordance with accepted bid practice, to award a contract for realigning, constructing or reconstructing curbing and for the constructing or reconstructing of sidewalks by authority of §§ 9-107.1 and 9-107.2. No single contract shall cover the work herein authorized for a period greater than one year.
[Amended 7-13-1999 by Ord. No. 27-1999[2]]
[2]
Editor's Note: This ordinance also repealed original Subsection
(c) of this section.
[1]
Editor's Note: This section derives from Ord. No. 4-1969.
A.
The owner of any property abutting any intersection, cartway or alley
in the central business district is required to provide curb cut modifications
to allow for the mobility of handicapped individuals.
B.
The central business district is delineated as that district bounded
by Paxton Street on the south; Forster Street to the north; Front
Street on the west; Seventh Street and south of Walnut to Fifth Street
on the east, and such requirements apply to both sides of the boundary
streets herein named and all streets, alleys, and cartways between
and within. Further, the City Engineer or a designated agent is hereby
empowered to determine other properties within or outside the central
business district where curb cuts must be installed based on factors
that include, but are not limited to, intersections or other locations
that attract a multitude of visitors or intersections or other locations
that are frequented by handicapped individuals, including the Third
Street Commercial Corridor between Forster and Calder Streets.
[Amended 7-13-1999 by Ord. No. 27-1999]
C.
The installation of the curb cuts as required by this section must
be completed by December 1, 1993, and the expense of installation
is to be borne by the property owner.
[Amended 7-13-1999 by Ord. No. 27-1999]
(1)
If the necessary changes are not made within the required time period of nine months from enactment, the City Engineer or a designated agent may do the necessary work or cause the same to be done and collect the costs from the property owner responsible for installation. The amount of such claim shall be a lien upon the premises from the date of the commencement of the work, which date shall be fixed by certificate of the City Engineer, and shall be subject to the further collection and cost provisions as more fully described in § 9-107.1.
(2)
The City Engineer or a designated agent is hereby authorized and mandated to require the owner of any property located within the municipal boundaries of the City but not within the central business district, as described in Subsection B, to install curb cuts upon the installation of any new sidewalks and street curbing or the substantial reconstruction of existing sidewalks and street curbing at any intersection, cartway or alley.
D.
The installation of the curb cuts shall conform to the specifications
of the City Engineer and may be changed from time to time as new materials,
techniques or changes in the law may allow in order to effect the
best intention of this chapter, and any such changes are hereby asserted
as having the same force and effect as the provisions of this section.
[Amended 7-13-1999 by Ord. No. 27-1999]
Whenever notice is necessary under this chapter, such notice
shall be properly served upon the owner if a copy thereof is delivered
to the owner personally; or by leaving a notice at the usual place
of abode with someone of suitable age and discretion, who shall be
informed of the contents thereof; or at the principal place of business;
or by certified or registered mail, addressed to the owner at the
last known address, with return receipt showing it has been delivered.
If the return receipt shows that it has not been delivered, then service
may be made by posting a copy thereof in a conspicuous place in or
about the structure affected by such notice. Such notice shall set
forth a reasonable time for such compliance to be accomplished.
[1]
Editor's Note: This section derives from Ord. No. 27-1989.
A.
The Director of Public Works, the City Engineer, a designee of the
City Engineer, Plumbing Inspector, Codes Administrator, and Director
of the Bureau of Water shall act in the capacity of police officers
for the limited purpose of issuing nontraffic summary citations to
owner(s) of premises or persons who are found in violation of this
chapter.
[Amended 7-13-1999 by Ord. No. 27-1999[1]]
B.
The Director of Public Works may, by written rule or regulation,
designate further employees of the Department of Public Works who
may issue such citations. Such rules or regulations shall be effective
three days following filing with the City Clerk.[2]
[2]
Editor's Note: This subsection derives from Ord. No. 27-1990.
