[Adopted 7-15-1974 by Ord. No. 465 (Ch. XXII, Part 3, of
the 1974 Code of Ordinances)]
A.
PERSON
STREET
The following words, as used in this article, shall have the meanings
respectively ascribed thereto:
Any natural person, partnership, association, firm or corporation.
Any public street, alley or highway in the Borough of Girard,
except for streets which are portions of or continuations of state
highways.
B.
In this article, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine
and the neuter.
It shall be unlawful for any person to make any excavation or
opening in the surface of any street or sidewalk in the Borough of
Girard without first having obtained a permit therefor from the Borough
Secretary and paying a permit fee as set from time to time by resolution
of the Borough Council, which shall be for the use of the Borough.
No permit shall be issued hereunder until the applicant therefor
shall have filed with the Borough Secretary information as to the
purpose of the opening, the location and approximate area thereof,
and the length of time such street or sidewalk is proposed to be and
remain open under the authority of such permit. Such permit shall
state such purpose, location, approximate area and proposed length
of time of opening, and it shall be a violation of this article to
make any opening or to allow the same to remain open in violation
of any of such stated terms and conditions.
The holder of every permit issued under this article shall be
required, at his own expense, to refill such opening under the direction
of the Borough Council, or any person appointed thereby for the purpose,
and to restore the surface of the street or sidewalk to the same condition
in which it was prior to such opening. In any case where such refilling
and/or resurfacing shall not have been done or shall not have been
done properly by such permit holder on or before the date of expiration
of such permit, the Borough Council may cause such work of refilling
and/or resurfacing to be done by Borough employes, or by persons hired
by the Council for the purpose, and thereupon shall collect the cost
of such work, with an additional amount of 10%, from such permit holder
in default, provided that the Borough Council reserves the right to
refuse to grant any subsequent permit to any person who shall have,
at any time hereafter, failed to properly refill and/or resurface
any street or sidewalk for which a permit shall have been issued under
this article, and provided further that the Borough Council, at its
discretion, shall have authority to require from any public utility
or other person with need to open the streets and sidewalks of the
Borough a bond, in such amount as prescribed by the Council, to cover
possible expenses that might be incurred by the Borough under this
section.
Any person who violates or permits a violation of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Borough in the enforcement of this
article. No judgment shall be imposed until the date of the determination
of the violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officers or agents of the Borough are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
