[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 37-1934. Amendments noted where applicable.]
[Amended 7-13-1999 by Ord. No. 27-1999]
It shall be unlawful for any person to remove any curbing located
in or along any highway of the City or to change the line or grade
of any such curbing without first obtaining a special permit therefor
from the City Engineer, which special permit shall be in addition
to the regular permit, if any, required by the Building Code.[1]
[Amended 7-13-1999 by Ord. No. 27-1999]
The application for such permit shall be in writing on such
form as provided by the office of the City Engineer and shall be signed
by the owner of the premises affected by the improvement and filed
in triplicate. Said application shall be accompanied by a plan, drawn
to scale, setting forth the details of the proposed improvement. In
addition, the applicant shall furnish such other and further information
as the City Engineer may require.
[Amended 7-13-1999 by Ord. No. 27-1999]
The City Engineer may refuse to issue any such special permit
when, in his or her judgment, the proposed improvement will in any
manner interfere with the safe and convenient use by the public of
the highway affected thereby.
[Amended 7-13-1999 by Ord. No. 27-1999]
Any applicant who may be refused any such special permit by
the City Engineer may, within five days from such refusal, appeal
therefrom in the manner provided by law for appeal from the decisions
of local agencies.
The requirements and provisions of this chapter are supplemental
and additional to the provisions of the Building Code[1] and any other ordinances, rules or regulations concerning
the removal or change of grade or line of curbing in or along any
highway of the City.
[Ord. No. 27-1990]
Whenever notice is necessary under this chapter, such notice
shall be properly served upon such 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 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.
A.Â
The Director of Public Works, the City Engineer, a designee of the
City Engineer, and any other designated official of the City 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]
B.Â
The Director of Public Works may, by written rule or regulation,
designate additional 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.
[Ord. No. 27-1990]
