[Adopted 7-11-1911; amended in its entirety 6-6-1994 by Ord. No.
94-4 (Ch. 104, Art. II, of the 1976 Borough Code)]
The owner or owners of any and all lot or lots of ground in
the Borough of Penndel fronting on any street or streets in said Borough
upon which a grade has heretofore been or hereafter shall be established
by ordinance shall, at their own cost and expense, upon receipt of
30 days' notice in writing from the Borough Council to do so, grade
the ground within the street right-of-way, the full width between
the curbline and the legal right-of-way line, along the entire street
frontage. The ground shall be graded with a slope of 1/4 inch to the
foot, ascending from the curbline to the right-of-way line, at the
grade elevations established by the Borough.
The owner or owners of any, all and every lot or lots of ground in the Borough of Penndel fronting on any street or streets in said Borough upon which a grade has heretofore been or hereafter shall be established by ordinance shall, at their own cost and expense, upon receipt of 30 days' notice in writing from the Borough Council to do so, construct cement concrete curbs and sidewalks along the entire street frontage, with the slope provided for in § 350-7 of this article, at the grade elevations established by the Borough and, when so required, shall lay conduits or drainpipes underneath the sidewalk from the property line to the gutter in strict accordance with the provisions and specifications hereinafter contained.
All such sidewalks shall be laid and constructed in said Borough
in the manner and with the materials hereinafter specified. All such
curbs and sidewalks shall be laid:
A.
All sidewalks shall be laid in conformity with the grade of the street
established by the Borough Council of said Borough and must have a
pitch or slope from the curbline to the property line ascending at
the rate of 1/4 inch to the foot, and shall in no case be constructed
otherwise without receipt from the Borough of a written permit.
B.
All sidewalks shall be constructed at a minimum width of at least
four feet and shall be constructed at greater widths within all or
part of the area between the curbline and legal right-of-way line
when directed to do so by the Borough Council.
C.
Where sidewalks are not required to be constructed within the entire
area between the curbline and legal right-of-way line, they shall
be constructed so that they are located a minimum distance of three
feet from and parallel to the curbline, and a minimum distance of
one foot from and parallel to the legal right-of-way line, as described
and detailed in the Penndel Borough Subdivision and Land Development
Ordinance,[1] and shall in no case be constructed otherwise without
receipt from the Borough of a written permit.
D.
The specifications of curb and sidewalk construction shall be as
described and detailed in the Penndel Borough Subdivision and Land
Development Ordinance and Pennsylvania Department of Transportation
Publication No. 408 – Specifications.
E.
Contraction joints must be scored in sidewalks at intervals equal
to the sidewalk width and in curbs at ten-foot intervals. The contraction
joints shall be 3/16 inch in width, and shall be scored a minimum
depth of 1/2 the concrete thickness.
F.
Expansion joints shall be placed in sidewalks at twenty-foot intervals
and in curbs at fifty-foot intervals. The expansion joints shall be
installed for the entire thickness of the concrete and shall consist
of premolded expansion joint material. The expansion joint shall have
a minimum thickness of 1/2 inch.
G.
Whenever and wherever required by the Street Committee of the Borough
Council aforesaid, drainpipes or conduits of the size and kind approved
by the said Street Committee shall be laid under said sidewalks from
the property line to the gutter.
H.
If the Borough Council determines and decides that an existing curb
or sidewalk, or portion thereof, is constructed of a material other
than cement concrete, such as bituminous concrete (asphalt), brick,
slate, shale, stone or crushed stone, or the condition of an existing
concrete curb or sidewalk, or portion thereof, is deteriorated, damaged,
displaced or dangerous, said curb or sidewalk shall be replaced in
its entirety by the property owner at the property owner's expense
within 30 days after receipt of notification from the Borough Council.
For the purposes of this section, a curb or sidewalk, or portion thereof,
shall be considered in a deteriorated, damaged, displaced or dangerous
condition if any of the following conditions exist:
(1)
One of the two adjoining curb or sidewalk sections has been displaced
such that the elevation differential between them is 1/4 inch or greater,
i.e., heaved, settled, or leaning.
(2)
The sidewalk has displaced from its original location of 1/4 inch
per foot higher than the related curb.
(3)
The curb or sidewalk is cracked.
(4)
The curb or sidewalk surface is pitted, scored or weathered.
(5)
The curb or sidewalk surface contains extensive quantities of exposed
aggregate.
(6)
The curb height above the roadway is less than four inches.
(7)
The depressed curb height above the roadway at the driveway entrance
is less than 1/2 inch.
I.
Only cement concrete shall be used for curb and sidewalk construction;
no bituminous concrete, asphalt or blacktop is permitted.
J.
The cement concrete for both curb and sidewalk shall consist of Class
A cement concrete (3,300 psi) as specified in Pennsylvania Department
of Transportation Publication 408 – Specifications. Sidewalks
shall be constructed at a minimum thickness of four inches.
K.
When a driveway crosses the sidewalk, the thickness of concrete is
to be increased to a minimum of six inches and shall be reinforced
with woven wire fabric.
L.
Curb shall have a minimum height of 18 inches, with an eight-inch
reveal above the gutter or bottom of curb grade. The width at the
curb base shall be eight inches, and the curb top shall be seven inches.
M.
Before any sidewalk or curbing is installed, a permit is required
from the Code Enforcement Officer so that the proper elevations can
be verified and construction inspections can be arranged.
(Reserved)
(Reserved)
Construction inspection of all grading, curb construction and
sidewalk construction shall be the responsibility of the Borough or
its duly authorized personnel or agents. This work shall be subject
to the approval or rejection thereof.
Curbs and sidewalks within the streets of the Borough of Penndel
shall not be constructed until grade elevations have been established
by the Borough. The Borough or its duly authorized personnel or agents
shall place grade stakes at the locations of the proposed curbs and
sidewalks.
All trees or other obstructions which shall or may exist in
the line of any such sidewalks shall be removed by the respective
owner or owners of the property in front of which such trees or obstruction
shall exist, at the cost and expense of such respective owner or owners,
when required to be done by the Street Committee and the same are
necessary to be removed in order that such sidewalks may be laid.
If the sidewalk is not paved the full width, the space on each
side remaining unpaved and the banks or edges along the gutter where
curbs are not set, and until such curbs are set, shall be sodded and
kept sodded by the respective owner or owners of the property in front
of their respective premises.
The grass on each side of the paved portion of all sidewalks
shall be kept mowed by the respective owner or owners of property
in front of their premises, and the entire space of such sidewalks
between the property or fence line and the curbline shall, at all
times, be kept free and clean from tall grass and weeds.
[Amended 12-28-2018 by Ord. No. 2018-6]
A.
In case any owner or owners of property as aforesaid shall neglect
or fail to remove trees or other obstructions existing in the line
of any such sidewalks or shall neglect or refuse to sod the space
on each side of the paved portion of said sidewalk in front of their
respective premises, or, notwithstanding any other provision of the
Penndel Borough Code of Ordinances, shall allow any plant life to
encroach upon the paved portion of said sidewalk so as to interfere
with pedestrian traffic, or shall fail to maintain or trim grass within
six feet of either side of the paved portion of said sidewalk to a
height of no more than six inches, then and in such case the Street
Committee of said Borough Council shall forthwith cause such trees
or obstructions to be removed and said space to be sodded and such
grass to be cut and removed. The Borough shall collect the cost thereof
from such owner or owners as debts of like amount are now by law recoverable.
B.
In case any property owner or owners shall neglect, fail or refuse
to grade the ground within the area between the edge of road and legal
right-of-way line, construct curbs and sidewalks, and reconstruct
curbs and sidewalks, in accordance with the terms of this article,
or shall refuse, fail or neglect to lay and construct or cause to
be laid and constructed said drainpipes or conduits underneath such
sidewalks when required, as herein provided, and shall fail, neglect
or refuse to comply with the provisions of this article and notices
to be given hereunder, then and in such case the Borough shall and
will at once proceed to grade the ground, construct curbs and sidewalks,
or cause such drainpipes or conduits to be graded and constructed
at the cost and expense of such owner or owners, and collect the costs
thereof, together with all charges and expenses and penalties from
such owner or owners, and may file a municipal lien therefor against
such lot or lots and premises, according to the provisions of the
Act of Assembly in such case made and provided or collect the amounts
by action in assumpsit.
[Amended 12-28-2018 by Ord. No. 2018-6]
A.
All notices shall be served upon the owner of the premises to which
the notice refers, if the owner is a resident of the Borough. If the
owner is not a resident, the notice may be served upon the agent or
tenant of the owner or upon the occupant of the premises. If the owner
has no agent or tenant or there is no occupier of the premises, service
shall be by notice posted upon the premises.
B.
The notice required by this section shall specify a period of time
of not less than 30 days for the owner to complete the specified work.
If the work has not been completed after the specified time has elapsed,
the owner shall be deemed to have failed to comply.
The purpose of this article is to vest in the said Borough Council
the full power and authority to compel the owner or owners to grade
the ground within the area between the edge of road and legal right-of-way
line, construct curbs and sidewalks, and reconstruct curbs and sidewalks,
in accordance with the terms of this article, where the ordinance
establishing the grade does not specifically provide for the street
grading, and the sidewalk and curb construction or reconstruction
along any street, as if such power and authority were contained in
the original ordinance establishing the grade on any such street or
streets, and to provide a uniform basis for grading streets and constructing
or reconstructing curbs and sidewalks on any and all streets within
said Borough upon which a grade has heretofore been or hereafter may
be established by the Borough.
The provisions of this article shall apply to the owner or owners
of any and all lots abutting any of the streets of the said Borough
insofar as a grade has been established upon the part or parts of
streets on which said lots shall abut, whether said lots are built
or unbuilt upon and irrespective of whether or not the front of said
lots shall abut on said streets on which said improvement is at the
time required to be made.
Any and all notices directed or required under the provisions
of this article to be given to property owners by the Borough, attested
by the Secretary or in any other manner directed by said article to
be given, may be given in writing signed by the President of Borough
Council and attested by the Secretary or may be given in writing signed
by the Chairman of the Street Committee.
[Amended 12-28-2018 by Ord. No. 2018-6]
In the event of failure of any property owner or owners to comply
with the provisions of this article, and after default in compliance
with the terms of notices given thereunder, the Borough may cause
said work to be done by general or special contract let according
to law or to be done by workmen employed by said Borough on a per
diem basis or by using and employing in said improvements and construction
or said grading, paving, curbing, laying of conduits, etc., laborers
and workmen furnished, or that said Borough may be enabled to have
furnished, free of cost or on a part cost basis, through any board
or agency of the government of the United States or the Commonwealth
of Pennsylvania, and the balance of said costs, including materials
and compensation paid to laborers or workmen and rental of machinery
made necessary in said construction, may be treated and regarded by
said Borough as constituting the cost of said construction.
[Added 12-28-2018 by Ord.
No. 2018-6]
The Borough hereby approves the following fee schedule for the
collection of unpaid claims, which fees shall be added to the unpaid
claim.
A.
Legal fees. Attorney's fees, as established by a fee schedule
approved from time to time by resolution of the Borough Council, shall
be added to the unpaid claims.
B.
Costs to be added to unpaid claim. In addition, the reasonable and
necessary out-of-pocket charges, costs, expenses, commissions and
fees incurred in collection, such as; but not limited to, postage,
title searches, prothonotary fees and sheriff fees, shall be added
to the unpaid claims.
[Added 12-28-2018 by Ord.
No. 2018-6]
Interest shall be assessed upon all delinquent unpaid municipal
claims at a rate of 10% per annum and added to the unpaid claim.
[Added 12-28-2018 by Ord.
No. 2018-6]
The following collection procedures are hereby established in
accordance with the Act:
A.
At least 30 days prior to assessing or imposing attorney fees in
connection with the collection of an account, the Borough or its designee
shall mail or cause to be mailed, by certified mail, return receipt
requested, a notice of such intention to the property owner or owners
or other entity liable for the account.
B.
If the certified mail notice is undelivered, then, at least 10 days
prior to assessing or imposing such attorney fees, the Borough or
its designee shall mail or cause to be mailed, by first-class mail,
a second notice to the property owner.
C.
All notices required by this section shall be mailed to the property
owner's last known post office address as recorded in the records
of the Bucks County Board of Assessment, or its successor entity.
D.
Each notice as described above shall include the following:
(1)
The type of charge, the date it became due and the amount owed,
including penalty and interest;
(2)
A statement of the Borough's intent to impose or assess
attorney fees within 30 days after the mailing of the first notice,
or within 10 days after the mailing of the second notice;
(3)
The manner in which the assessment or imposition of attorney
fees may be avoided by payment of the account; and
(4)
The place or manner of payment for accounts and the name and
telephone number of the Borough representative designated as responsible
for collection matters.
(5)
The procedures set forth in this section shall only apply to
a claim to include attorney's fees and costs and shall have no
bearing on a claim for the underlying municipal claim.
[Amended 5-7-2012 by Ord.
No. 2012-4]
Any person, firm or corporation who shall violate any provision
of this article shall, upon conviction thereof, be subject to a fine
of not more than $1,000 or imprisonment for a term not to exceed 30
days, or both, at the discretion of the court. Each day that a violation
continues after due notice has been served, in accordance with the
terms and provisions hereof, shall be deemed a separate offense.
