Every owner of property in the Borough shall, on 30 days' notice
from the Borough Council, construct or reconstruct a sidewalk which
shall conform to all applicable requirements of this Article in front
of or alongside of such property. It shall be the duty of the owner
or owners of the lots of ground respectively fronting on the streets
of this Borough to grade, pave, curb and gutter the side or footwalks
abutting thereon, to repair and keep the same at all times in a safe
and passable condition and to relay the same when unsafe or worn out.
Every owner of property in the Borough shall, on 30 days' notice
from Council, repair or cause to be repaired the sidewalk, in the
manner stipulated in such notice, in front of or alongside such property,
according to the specifications provided for in this Article.
Every property owner, upon his own initiative, and without notice
from any Borough authority, may construct, reconstruct or repair a
sidewalk in front of or along his property, provided that such owner
shall first make application to the Borough for a permit, as provided
for in this Article, and shall conform to the specifications as also
herein provided.
It shall be the duty and responsibility of the Borough to determine,
in the case of any individual property, whether or not the sidewalk
shall be constructed, reconstructed or repaired, and if so, the specific
part or parts thereof to be reconstructed or repaired. The Borough
may, at any time during the course of the work or constructing or
repairing any sidewalk or at the request of the property owner, visit
the site of such work to ascertain whether such work is being done
according to the specifications as provided by this Article.
No curb or sidewalk construction, reconstruction or repair shall
be performed by or for any property owner unless the property owner
shall first have obtained from the Borough Secretary a permit for
the work. A charge of $5 shall be made for this permit, and it will
be a violation to do any work without having first secured the permit.
When securing the permit, the applicant shall supply the following
information:
A. The owner of said property.
B. The number of feet of sidewalk and curb to be constructed.
C. The name of the contractor to do the construction.
D. The proposed location of the sidewalk relative to the curb and property
line.
Scored openings shall be left around all poles, trees, fire
hydrants, light standards or any other structure within the sidewalk
area. No public service curb or sidewalk boxes for access to underground
facilities shall be left below the sidewalk level, but they shall
be brought to the grade of the new walk. The Borough will furnish
and set any inlet frames that might be needed in any sidewalk for
storm drainage purposes.
Upon the neglect of any property owner to comply with any of
the requirements provided in this Article, the Borough may, after
notice, cause the grading, paving, repairing, curbing and/or guttering
to be done at the cost of such owner and may collect the cost thereof
and 10% additional, together with all charges and expenses from such
owner, and may file a municipal claim therefor or collect the same
by action in assumpsit as provided by the Borough Code.
[Amended 6-9-1987 by Ord.
No. 1987-1, approved 6-9-1987]
In addition to the enforcement provision set forth in §
121-11 above, any person who violates any provisions of this Article shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not more than $300 and costs, and, in default of said fine and costs, to undergo imprisonment for a period of not in excess of 30 days; provided, however, that if the District Justice determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Justice deems to be just.