[Ord. 753-07, 12/26/2007; amended by Ord. No. 866-2022, 5/24/2022]
The Borough of Hamburg, through its Code Enforcement Officer
or the Borough Manager or the Borough Manager's designee, shall determine
when the sidewalk, curb or gutter located along a public road and
abutting or adjacent to the private property of an owner needs to
be repaired or constructed in accordance with this article of the
Borough Code of Ordinances. Such determination shall include, but
shall not be limited to, determining the scope of the work to be done,
specifications for the work, line and grade, if required, and a determination
as to the type of material to be used in the repair or construction.
[Ord. 753-07, 12/26/2007; amended by Ord. No. 866-2022, 5/24/2022]
Upon a determination by the Code Enforcement Officer of the
Borough or the Borough Manager or the Borough Manager's designee that
repair or construction of the sidewalk, curb or gutter located along
a public road and abutting or adjacent to private property is necessary,
the Borough shall contact the property owner via United States first-class
mail or by posting on the property a notice setting forth that a determination
has been made that the curb, sidewalk or gutter is in need of necessary
repair or construction, along with the specific work to be done, including
specifications, line and grade, if required, and materials to be used
and the time frame within which the repair or construction shall be
completed. The Borough shall also notify the property owner whether
the work is to be completed on an "as soon as possible" basis or as
part of the annual reconstruction and repair program of the Borough.
[Ord. 753-07, 12/26/2007; amended by Ord. No. 866-2022, 5/24/2022]
When the Borough determines that the sidewalk, curb or gutter
is in need of repair or construction as hereinabove set forth, the
Borough shall secure a contract and quotes or bids for such repair
or construction. Prior to the institution of said repair or construction,
the Borough shall notify the property owner abutting or adjacent to
the sidewalk, curb or gutter in need of such repair or construction
of the contracted costs, which costs shall be paid in full by the
abutting or adjacent property owner to the Borough. The Borough Council
of the Borough of Hamburg shall have the discretion to authorize a
payment plan for a property owner responsible for the aforementioned
repair or construction costs to pay for such costs over a period of
time, provided that such period shall not exceed 180 days. The Borough
shall be responsible for the scheduling of the repair and/or construction
and to inspect the repair and/or construction as it is being performed
and to insure that such repair and/or construction is in compliance
with all contract specifications.
[Ord. 753-07, 12/26/2007; amended by Ord. No. 866-2022, 5/24/2022]
In the event that any property owner who is responsible for
the payment of the repair and/or construction costs of the sidewalk,
curb or gutter as herein provided shall fail to pay to the Borough
the costs of the repair and/or construction of the sidewalk, curb
or gutter within the time designated by the Borough, the Borough shall
have the right to file a municipal lien against said property and/or
to take such other necessary and appropriate legal action to recover
payment for the Borough's costs, including reasonable attorneys' fees,
in the prosecution of such a claim.
[Ord. 753-07, 12/26/2007; amended by Ord. No. 866-2022, 5/24/2022]
Any person, firm or corporation who shall violate any provision
of this article shall be guilty of a summary offense and shall be,
upon conviction thereof, sentenced to pay a fine which shall be the
maximum fine permitted for summary offenses under Pennsylvania law
as of the date of the violation, together with costs. Should a default
in the payment of such fine occur, the person, firm or corporation
responsible for such penalty(ies) shall be subject to imprisonment
for a term not to exceed 30 days. Each day that a violation of this
article occurs shall constitute a separate and distinct offense under
this section.
