[Adopted 9-18-2000 by Ord. No. 1194-2000 (Ch. 221, Art. IV,
of the 1975 Code)]
The Borough will be responsible for the maintenance and repair
of all curbs, except that any person damaging a curb will be responsible
for the replacement thereof, which shall be in the form of a new curb
and constructed with material identical to the curb that was damaged.
The party responsible for the replacement of such curb shall obtain
all required permits from the Borough Building Department.
A.
The Borough will be responsible only for repair and maintenance of
sidewalks when a sidewalk is damaged by Borough trees existing or
planted in the public right-of-way; provided, however, that any person
damaging a sidewalk will be responsible for the replacement thereof
which shall be in the form of a new sidewalk and constructed with
material identical to the sidewalk that was damaged. The party responsible
for the replacement of such sidewalk shall obtain all required permits
from the Borough Building Department.
B.
The Borough will be responsible to repair or replace a sidewalk constructed
with brick pavers if such repair or replacement is attributable to
the initial construction of such sidewalk. Any person damaging a brick
paver sidewalk will be responsible for its replacement, and it shall
be constructed with brick pavers and material identical to the sidewalk
which was damaged. The party responsible for the replacement of such
sidewalk shall obtain all required permits from the Borough Building
Department.
C.
Except as provided in Subsections A and B of this section, the maintenance of all sidewalks shall be the responsibility of the adjoining property owner, who will be responsible for maintaining the sidewalk in a safe condition so as to permit use and access by the general public in a safe and secure manner.
D.
If the sidewalk is deemed to be in an unsafe condition, the Borough
will give notice to the adjoining property owner, who will then have
a period of 30 business days within which to repair the sidewalk.
Such property owner shall be responsible to obtain all necessary permits
from the Borough Building Department. Failure to comply with an order
or directive regarding the repair of a sidewalk will subject the property
owner to the issuance of a summons. In addition, the Borough will
have the right to have the sidewalk repaired and to charge the property
owner for the cost thereof, plus reasonable expenses, which may be
imposed as a lien on the property and enforced in the same manner
as nonpayment of real estate taxes.
