The Borough of Canonsburg may require owners of property abutting on any street, including state highways, to construct, pave, repave and keep in good repair the sidewalk, curb and gutter along such property at such grades and under such regulations as may be prescribed by ordinance.
Where sidewalks or curbs are to be constructed, paved, repaved or repaired over coal cellars or other excavations, such sidewalks shall be supported by iron or steel beams, girders, stone or concrete arches. Any support of wood or perishable material shall be prohibited.
All sidewalks, curbs and gutters shall be constructed, paved, repaved or repaired upon the line and grade obtained by the property owner from the Borough Engineer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Notice to construct, pave, repave and repair sidewalks, curbs or gutters shall be given by registered or certified mail to abutting property owners, and such owners shall have 30 days to comply with said notice in conformity with any construction specifications prescribed by the Borough.
At any time during the performance of the required work, the Borough Engineer may inspect the work to determine whether construction specifications are being observed.
Upon the failure of any property owner to construct, pave, repave or maintain any sidewalk, curb or gutter in compliance with notice to do so, the Borough may do the same or cause the same to be done and may levy the cost of its work on such owner as a property lien to be collected in the manner provided by law.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Where, in the opinion of the official in charge of sidewalk repairs, a dangerous condition exists that can be repaired by an expenditure of $1,000, the Borough shall send such property owner notice, by registered or certified mail, stating emergency repairs are required. Upon failure of such owner to comply with the notice within 48 hours after receiving it, the Borough may make emergency repairs and levy cost of its work on such owner as a property lien to be collected in the manner provided by law.
Any property owner not required by notice to construct, pave, repave or keep in repair sidewalks, curbs or gutters may construct, pave, repave or repair the sidewalk, curb and gutter abutting his property, provided that such owner shall make application to the Borough Engineer before commencing work, shall conform to the provisions of this article and other regulations as to specifications for construction and repair work and shall notify the Engineer within two days after completion of his work.
[Added 12-16-1997 by Ord. No. 1216; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Washington County.