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.