[Ord. 1990-2, 7/10/1990, § 1; as amended by Ord. 2001-5, 9/12/2001, § 1]
BOROUGH — The Borough of Strasburg, Lancaster County, Pennsylvania.
AUTHORIZED REPRESENTATIVE
Representative appointed by the Borough Council in lawful session to administer the sidewalk program. The authorized representative may also be referred to as the Inspector.
INSPECTOR
Authorized representative.
OWNER
The legal or equitable owner of land abutting a street.
[Ord. 2001-5]
PennDOT
The Department of Transportation of the Commonwealth of Pennsylvania.
PERSON
Any individual, association, partnership, limited liability company, public or private corporation whether for profit or not-for-profit, trust, estate or other legally recognized entity. Whenever the term "person" is used in connection with any clause providing for the imposition of a fine or penalty or the ordering of the action to comply with the terms of this Part, the term "person" shall include the members of an association, partnership, limited liability company or firm and the officers of any public or private corporation, whether for profit or not-for-profit.
SIDEWALK
The portion of a street located outside the cartway and shall include paved footway, unpaved grassplot, curb and gutter.
STREET
Includes any public street in the Borough of Strasburg.
[Ord. 1990-2, 7/10/1990, § 2]
Every owner of property which abuts any street in the Borough shall, upon notice from the Borough Council or other authorized representative of the Borough, grade, construct, drain, pave, or repave the sidewalk in the manner stipulated in such notice, in compliance with the provisions of this Part, and with in the time specified in such notice.
[Ord. 1990-2, 7/10/1990, § 4; as amended by Ord. 2001-5, 9/12/2001, § 2]
1. 
No person shall cause any sidewalk to be obstructed.
2. 
A permit shall be obtained from the Borough Office prior to commencement of any construction, reconstruction, replacement, alteration, repair or obstruction of any sidewalk. The owner and the contractor performing the work shall be jointly and severally responsible for obtaining such permit. The applicant shall provide all information requested by the Borough including, but not limited to, the name and address of the owner, the name and address of the contractor, the nature, dimensions, purpose and location of the work, and all other pertinent information. The applicant shall provide such plans or specifications as necessary for the Borough to determine the full extent of the work proposed. On any application which proposes any alteration to the access to the property including, but not limited to, any change in an existing curb cut or driveway or access drive or the creation of a new curb cut or driveway or access drive, the applicant shall specify the existing use of the property and, if applicable, any proposed future use of the property.
3. 
The owner and the contractor shall construct, reconstruct, alter and repair all sidewalks in accordance with the specifications and rules and regulations of the Borough as determined from time to time and in strict compliance with the permit as issued by the Borough.
4. 
When a property abuts a highway under the jurisdiction of PennDOT, the owner and the contractor shall be jointly and severally responsible for obtaining any necessary permits or approvals from PennDOT including, but not limited to, a highway occupancy permit. All work shall be performed in accordance with the highway occupancy permit and any conditions imposed upon the highway occupancy permit.
5. 
The owner and the contractor shall construct, reconstruct, alter and repair all sidewalks in accordance with all other applicable specifications, rules, laws and regulations including, but not limited to, the Strasburg Borough Subdivision and Land Development Ordinance [Chapter 22] and any applicable provisions of the Zoning Ordinance.
6. 
The issuance of a permit under this Part does not relieve the applicant, owner or contractor from obtaining any other permits or approvals required by any other law or regulation.
[Ord. 1990-2, 7/10/1990, § 5]
Any property owner, upon his own initiative and without notice from the Borough, may construct, reconstruct, or repair a sidewalk in front of or alongside his property, provided he conforms with the provisions of this Part and has obtained a permit.
[Ord. 1990-2, 7/10/1990, § 6; as amended by Ord. 2001-5, 9/12/2001, § 3]
1. 
Upon the neglect of any owner to comply with any of the requirements provided in this Part or adopted pursuant hereto, the Borough may, after notice, cause the grading, paving, repairing, sidewalk work, curbing and/or guttering to be done at the cost of such owner and may collect the cost thereof and 10% additional, together with all charges and expenses, from such owner and may file a municipal claim therefore and/or collect the same by a civil action. All such notices shall be served upon the owner of the premises to which the notice refers, if such owner is a resident of the Borough. If the owner is not a resident of this Borough, then the notice may be served upon the agent or tenant of the owner, or upon the occupant of such premises, or if the owner has no agent or tenant or there is no occupier of such premises, then service shall be by notice posted upon the premises.
2. 
The Borough shall have power to make emergency repairs to any sidewalks where, in the opinion of the Inspector, a dangerous condition exists that can be repaired by an expenditure of not more than $500. Before any such repairs are made, a notice to make repairs within 48 hours shall be served upon the owner of the said property. If the owner cannot be served within the county, notice may be served upon the agent of the owner or the party in possession, or if there is no agent or party in possession, the notice may be served by posting the same upon such premises. Upon the completion of the work, the cost thereof shall be a charge against the owner of the property and shall be a lien, until paid, upon the abutting property, provided a claim is filed therefore in accordance with the law providing for the filing and collection of municipal claims. Any such change may also be collected by a civil action.
[Ord. 1990-2, 7/10/1990, § 7]
The Borough shall institute an appeals procedure as a part of its rules and regulations.
[Ord. 1990-2, 7/10/1990; as added by Ord. 2001-5, 9/12/2001, § 4]
1. 
It shall be a violation of this Part to commit or to permit any person to commit any of the following acts:
A. 
To obstruct any sidewalk prior to obtaining a permit to authorize such obstruction.
B. 
To construct, reconstruct, alter or repair any sidewalk without obtaining a permit from the Borough.
C. 
To commence but fail to complete work authorized by any permit issued under this Part.
D. 
To perform any work in a manner which does not comply in all respects with the specifications and rules and regulations adopted by Borough Council.
E. 
To perform any work not expressly authorized by a permit or to perform any work in a manner other than that authorized by a permit.
F. 
To fail to obtain all necessary permits and approvals from PennDOT for work abutting a State highway.
G. 
To install any curb cuts, driveways or access drives prior to obtaining all necessary Borough approvals and all necessary approvals from any other governmental agency including, but not limited to, PennDOT.
H. 
To place false information on or omit relevant information from an application for a permit.
I. 
To fail to comply with any provision of this Part or any specifications, rules, regulations, permit requirements and fee schedules adopted pursuant hereto.
2. 
Any person who or which violates or permits the violation of any provision of this Part shall be liable upon summary conviction therefore to fines and penalties of not less than $100 nor more than $1,000 plus all costs of prosecution, which fines and penalties may be collected as provided by law. All fines and penalties collected for violations of this Part shall be paid over to the Borough Treasurer. Each day that a violation continues and each section of this Part which is violated constitutes a separate violation.
[Ord. 1990-2, 7/10/1990; as added by Ord. 2001-5 9/12/2001, § 4]
In case any improvement is constructed or any sidewalk, curb cut or driveway is installed, repaired, altered or modified prior to obtaining a permit as required by this Part, or in a manner which does not comply with all requirements of such permit and this Part and the rules and regulations adopted pursuant to this Part, or prior to obtaining other necessary governmental approvals, or in a manner which does not comply with any approvals issued by other governmental agencies, then the Borough, in addition to all other remedies provided by law, may commence any appropriate action or proceeding in equity to prevent such unlawful construction or to remove such unlawfully installed construction. The Borough may also consider such unauthorized construction to be a defect in the existing sidewalk and compel the owner to repair such defect by reconstructing the sidewalk to the condition authorized by any permit or, if no permit has been issued, the condition existing prior to the commencement of such unauthorized construction.