[Adopted 4-5-1927 by Ord. No. 38 (Ch. 21, Part 3, of the
2004 Code of Ordinances)]
Every owner of property abutting upon any public street shall
be and he is hereby directed and required, after given notice as herein
provided, to construct a curb, gutter and sidewalk in front of his
property or properties in accordance with the grade and line established
or to be established by the City Engineer and in strict conformity
with plans and specifications which the City Engineer is herein and
hereby directed to prepare and send to Council for approval and which
shall be approved by the Department of Streets and Public Improvements
and by the Council of the City of Nanticoke. The costs of constructing
said curb, gutter and sidewalk shall be paid in each and every such
case by the owner of the property affected.
The City Engineer, when so directed by Council, shall notify
in writing the owners of property abutting upon any of the public
streets of the City of Nanticoke that they shall comply with the provisions
of this article within a period of time, not less than 30 days, to
be specified in said notice. Every property owner so notified shall
immediately procure and pay for a warrant of survey from the Treasurer
of the City of Nanticoke and deposit the same in the office of the
City Engineer, who shall thereupon establish lines and grades for
the construction of the required curb, gutter and sidewalk, and set
stakes necessary in connection with the construction of the same.
When grade and line stakes shall have been set by the City Engineer,
they shall be protected by the property owner affected. In case the
property owner shall not proceed with the construction of such curb,
gutter and sidewalk, in accordance with the lines and grades so established
and the stakes set as aforesaid, within 30 days, he or they shall
procure a new warrant of survey, and the line and grade shall be reestablished
by the City Engineer. The City of Nanticoke does not guarantee the
line and grade as indicated by the stakes set unless said stakes are
used at once or properly protected until used.
All owners of property abutting as aforesaid on any public street of the City of Nanticoke, when constructing private crossings or passages to yards, stables or garages, in connection with complying with the provisions hereof, shall perform such work in strict conformity with plans and specifications which the City Engineer is herein and hereby directed to prepare and which shall be approved in the manner provided in § 450-1.
No concrete shall be deposited in the forms set by a property
owner or his contractor in the course of complying with the provisions
of this article until the approval of the City Engineer, or his authorized
agent, as to the manner of setting such forms shall have been obtained.
All property owners, while engaged, either by themselves or
by their contractors, in carrying out the provisions of this article,
shall fully protect, by a sufficiently strong guard fence or railing
not less than two feet, eight inches in height, the openings and excavations,
if any, in, upon or about the works hereby required to be performed.
If curb or gutter shall have been constructed prior to the effect
date hereof, in front of property abutting upon any of the public
streets of the City of Nanticoke, in accordance with lines and grades
established by the City Engineer, no such curb, gutter or sidewalk
shall be required to be reconstructed under the provisions hereof,
anything hereinbefore contained to the contrary notwithstanding.
That no such property owner, or the contractor of any such property
owner shall perform any of the work required by this article to be
done without having first applied for and procured a license therefor
from the office of the City Treasurer, application therefor having
been made upon a form to be supplied by said office to the applicant.
All such applications shall be submitted to the City Engineer and
if, in his opinion, the applicant is capable of performing the work
contemplated in a workmanlike manner, the license shall be granted
upon payment of the fee hereinafter provided. Each and every license
granted to any such property owner shall authorize only the construction
of curb, gutter and sidewalks in front of property therein specifically
mentioned. Each and every license granted to a contractor shall embody
a grant of general authority to perform work of the sort required
by this article to be done and shall expire on the first day of January
next ensuing; no work shall be done by such license after the expiration
of the term of any license unless and until a new license shall have
been obtained. The City of Nanticoke reserves the right to revoke
any license issued upon violation of any provision of this article.
[Amended 12-1-2001 by Ord. No. 16-2004]
A.
There shall be collected by the Treasurer of the City of Nanticoke,
in connection with carrying out the provisions of this article, for
each warrant of survey, an amount as established from time to time
by resolution of City Council, where the construction of curb, gutter
and sidewalk shall have been required.
[Amended 12-1-2004 by Ord. No. 16-2004]
A.
Any person, firm or corporation who shall violate any provision of
this article shall, upon conviction thereof, be sentenced to pay a
fine not to exceed $1,000 plus costs or to imprisonment for a term
not to exceed 90 days, or both. Each day that a violation of this
article continues shall constitute a separate offense.
B.
Provided, however, that the City of Nanticoke may proceed through
the proper department and under the supervision of the City Engineer
to lay and construct any curbs, gutters and sidewalks provided for
in this article upon failure of such property owner to commence and
complete said work in accordance with the notice given. Said work
to be performed by the City through its own employees or by an independent
contract, as the authorities of said City may see fit, and the actual
cost thereof or the contract price thereof shall be collected by suit
or lien according to law assessed against the abutting property and
the owner or reputed owner thereof, together with a penalty of 5%
added thereto. Said claim and five-percent penalty shall be placed
for collection in the hand of the City Treasurer within 60 days of
notice served upon said property owner or left upon the property,
if such owner cannot be found, shall be placed in the hands of the
City Solicitor, who shall add thereto an additional 5% and collect
the same by lien or suit according to law.
