[Ord. 603, 4/3/1989, § 1; as amended by Ord. 702, 9/12/2005]
The following words, when used in this Part, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:
DRIVEWAY
The area of a sidewalk, curb or street or highway which is provided to allow access from a street or highway onto a property adjacent to the street or highway by vehicle or otherwise and for purposes of this Part is defined as that area which would extend from the street or highway to the adjacent property line which would serve as a sidewalk or curb if the driveway were not present.
PERSON
Any natural person, partnership, firm, association or corporation.
SIDEWALK or CURB
That portion of the street between the curb lines or the lateral lines of a roadway and the adjacent property lines intended for the use of pedestrians.
STREET or HIGHWAY
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic.
[Ord. 603, 4/3/1989, § 3]
The notice referred to in the sections of this Part shall be served by the Borough Council upon the property owner by mailing said notice by first class mail, postage prepaid, to the last known address for said property owner or to the last known address for the subject property owned by said property owner.
[Ord. 603, 4/3/1989, § 4]
All driveways shall be constructed, reconstructed and repaired of asphalt, concrete or other suitable material acceptable to the Code Enforcement Officer, Code Enforcement Committee or any person authorized to enforce code issues for the Borough and only according to specifications determined, from time to time, by the Code Enforcement Officer, Code Enforcement Committee or any person authorized to enforce code issues for the Borough.
[Ord. 603, 4/3/1989, § 5]
It shall be the duty and responsibility of the Code Enforcement Officer, Code Enforcement Committee or any person authorized to enforce code issues for the Borough to determine in the case of any individual property whether or not the driveway shall be reconstructed or repaired and, if so, the specific part or parts thereof to be reconstructed or repaired. The Engineer may at any time, during the course of work of construction, reconstructing or repairing any driveway, visit the site of such work to ascertain whether such work is being done according to requirements and he or one of his assistants shall visit any such place for such purpose whenever requested by the property owner. Within two days after the completion of the work of construction, reconstruction or repair of any driveway, it shall be the duty of the owner of the property where such work was done to notify the Code Enforcement Officer, Code Enforcement Committee or any person authorized to enforce code issues for the Borough of that fact so that he may inspect such driveway to determine whether the work is approved by the Code Enforcement Officer, Code Enforcement Committee or any person authorized to enforce code issues for the Borough and whether it complies with the requirements of this Part.
[Ord. 603, 4/3/1989, § 6; as amended by Ord. 702, 9/12/2005]
All driveways situate in the Borough of McDonald shall be graded to provide reasonable access to the street or highway adjacent to said driveway so as to avoid the collection of soil, rock, debris, water, snow or ice or any other debris which may constitute a hazard to any person traversing the street or highway adjacent to said property or over said driveway as used as a sidewalk or curb. In the event that any property owner, after receiving due notice in accordance with this Part, fails to construct or reconstruct, maintain or repair a driveway in accordance with the provisions of this Part, the Borough of McDonald may, in its discretion, perform said necessary construction, reconstruction, maintenance or repair and it shall be the responsibility of the property owner to reimburse the Borough for any and all costs incurred by the Borough in performing said work as aforementioned. Upon the failure of any property owner to reimburse the Borough for said costs as aforesaid, the Borough may, in its discretion, enter a lien upon said property to satisfy said costs.
[Ord. 603, 4/3/1989, § 7]
Any property owner, upon his own initiative, and without notice from any Borough authority, may construct, reconstruct or repair a driveway adjacent to this property; provided, that such owner shall first make application to the Borough Council and shall conform with the requirements of this Part and to the requirements of the Code Enforcement Officer, Code Enforcement Committee or any person authorized to enforce code issues for the Borough as required by this Part.
[Ord. 603, 4/3/1989, § 8; as amended by Ord. 702, 9/12/2005]
Any person, firm or corporation who shall violate any provision of §§ 21-101 through 21-107 of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. 603, 4/3/1989, § 11]
It shall be the duty of all tenants, person, temporary occupants of property and if the property is vacant, then the owner or owners thereof, to keep the driveway of their property and adjacent street or highway clean and free from all soil, stones and other substance of whatsoever nature, which may interfere with the free safe use of the driveway or the adjacent street or highway.
[Ord. 603, 4/3/1989, § 12; as amended by Ord. 702, 9/12/2005]
Any tenants, persons, temporary occupants of property or property owners who shall violate § 21-109 shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of § 21-109 continues shall constitute a separate offense.