[Adopted 7-26-1965 by Ord. No. 1022; amended in its entirety 7-24-1995 by Ord. No. 1544 (Ch. 21, Part 3, of the 1995 Code)]
The City of DuBois may require owners of property abutting on any street, including state highways, to construct, pave, repave and repair the sidewalk, curb and gutter along such property at such grades and under such regulations as may be prescribed by the City Engineer.
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 City Engineer.
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 60 days to comply with said notice in conformity with any construction specifications prescribed by the City Engineer.
At any time during the performance of the required work, the City 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 City of DuBois 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 revisions (see Ch. 1, General Provisions, Art. II)]
Where in the opinion of the City Engineer a dangerous condition exists; the City 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 City of DuBois 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.
A. 
General rule. Any city may make emergency repairs to sidewalks, within its corporate limits, if an officer or designated individual representing the department in charge of repairs to sidewalks upon inspection determines that a substantial and immediate danger exists to public health, safety and welfare.
B. 
Written report. The officer or individual shall prepare a written report of those conditions which shall be conclusive evidence of the existence of the emergency justifying the repair.
C. 
Additional remedy for city. This section is intended to provide an additional remedy for cities in connection with emergency repairs of sidewalks.
D. 
Notice. The following shall apply:
(1) 
A copy of the written report shall be served upon the abutting property owner, along with a notice to make emergency repairs to the sidewalk within 48 hours of service of the notice and report.
(2) 
The notice and copy of the report shall be served as provided in this chapter for constructing and maintaining sidewalks and curbs.
(3) 
The report shall expressly state that emergency repairs are required.
(4) 
If the owner fails to make the emergency repairs within the prescribed time, the City may make the emergency repairs to the sidewalk.
E. 
Costs. Upon the completion of any emergency repairs, the cost of the repairs shall be a charge against the owner of the abutting property and shall be a lien, until paid, upon the abutting property, provided that a claim is filed for the lien in accordance with the law providing for the filing and collection of municipal claims.
F. 
Action in assumpsit. The amount of the claim against the owner of the abutting property may also be collected from the owner by an action in assumpsit.
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 City 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 City Engineer within two days after completion of his work.
[Amended at time of adoption of Code revisions (see Ch. 1, General Provisions, Art. II)]
Any person who shall violate any provision of this article, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of payment of said fine and costs, to imprisonment for a term not to exceed 90 days. Each day that a violation continues shall constitute a separate offense.