[Adopted 3-8-1937 by Ord. No. 721 (Ch. 117, Art. III, of
the 1977 Code)]
In all cases where, by separate ordinances affecting particular
streets of the Borough, sidewalks for the use of pedestrians are required
to be constructed, they shall be built, maintained and kept in thorough
repair and in safe condition at the expense of the owners of the abutting
premises. Sidewalks, when required, shall be built upon 30 days'
notice to the owner and shall be repaired upon 10 days' notice.
The Council may, on 24 hours' notice, cause emergency repairs
to be made to a sidewalk when a proper officer of the Borough deems
it necessary.
When grass plots are permitted by separate ordinances affecting
particular streets, they shall be located between the footwalk and
curbline, unless the Council designates otherwise. Where grass plots
are allowed under any ordinance, the Council may, regardless, decree
by motion of a majority of all members that pavements be built from
the property line to the curbline with the same force and effect as
though no grass plot had been permitted. The surface of all grass
plots shall be firm and on a level with the sidewalk and curb, shall
be safe for the use of pedestrians and shall not be wired or roped,
or otherwise obstructed or maintained, so as to endanger persons or
property.
The Borough Clerk, or other designated person, when directed
by the Council, shall advertise for bids for laying sidewalks on the
streets of the Borough, where and when the owners of the abutting
properties neglect to do so after notice, and the Council shall award
the contract to the lowest responsible bidder, reserving the right
to reject any and all bids. The Council may, however, authorize the
work to be done by Borough employees, either for the laying or repairing
of sidewalks. The contractor shall furnish a bond in an amount and
with such security as the Council may fix and approve.
The Borough Engineer shall prepare general specifications for
the construction of all sidewalks, which shall be approved by the
Council. The Borough Clerk shall provide to any property owner of
the Borough, upon request, a copy of the same. Said specifications
may from time to time be changed by the Borough Engineer, with the
approval of the Council. The use of any materials or system of construction
other than that provided in said specifications shall be unlawful
and forbidden.
Upon the failure of any abutting property owner to grade his
sidewalks and lay pavements in accordance with this article or any
other ordinance affecting particular streets, or repair sidewalks
within 10 days after notice, or make emergency repairs within 24 hours
after notice, the Council shall cause the same to be done and shall
collect from such owner the cost thereof and 10% additional, together
with all charges and expenses, by an action in assumpsit, the filing
of a lien against said property or otherwise, as provided by the Acts
of Assembly of the commonwealth.
A.
Pavements not laid in conformity with the provisions of this article
and any other ordinance affecting the particular street upon which
they are laid are hereby declared to be nuisances, and must be taken
up and relaid according to the provisions of this article within 30
days after notice to the owner or owners thereof to do so by the Borough.
B.
Upon the failure of said owner or owners to regrade and repave said
sidewalks within the time stipulated, such owner or owners shall be
liable to a fine of not less than $10 nor more than $300, plus costs
of prosecution, and, in default of the payment of such fine and costs,
to imprisonment for not more than 30 days; such fine shall be collected
for the use of the Borough as fines of like amount are now recoverable
by law the same to be paid into the Borough Treasury; and said Borough
shall cause said sidewalk to be regraded and repaved, in the manner
herein and hereby provided, at the expense of said property owner
or owners, and shall collect the same with the penalty, costs and
charges as herein provided.
[Amended 2-2-1977 by Ord. No. 1191]
