In the case of a boardinghouse or rooming house, apartment house, conversion apartment house, multifamily house, mixed occupancy dwelling, hotel, tourist home, tourist cabin court, motel, trailer camp, trailer court or mobile home park (as those words and terms are defined in Chapter
240, Zoning) or in the case of a property which is unoccupied or is vacant land, it shall be the duty and responsibility of the owner of the property, and in all other cases, it shall be the duty and responsibility of both the owner of the property and the occupant of the property to ensure that:
A. No shrub, hedge, vine or other low-growing vegetation on the property
encroaches into or over the right-of-way lines of a Borough street
or a non-Borough street.
B. No grass, weeds or other like vegetation is permitted to grow in
an expansion joint, curb cut, crack, or the like in a sidewalk, curb
or curb cut which adjoins the property and which is located within
the right-of-way lines of a Borough street or a non-Borough street.
C. No tree on the property — and no tree in a sidewalk, grass
plot or beauty spot which adjoins the property and which is located
within the right-of-way lines of a Borough street or a non-Borough
street — has any branch:
(1) Which extends lower than seven feet above the surface of a sidewalk
which is located within the right-of-way lines of a Borough street
or a non-Borough street;
(2) Which extends lower than 13 feet above the surface of the cartway
of the street; or
(3) Which obstructs the view by a motorist of an intersection or a street
sign, traffic sign, traffic signal, or the like.
D. No bush, shrub, hedge or tree on the property — and no bush,
shrub, hedge or tree in a sidewalk, grass plot or beauty spot which
adjoins the property and which is located within the right-of-way
lines of a Borough street or a non-Borough street — pushes up,
cracks or otherwise damages or interferes with the functional or structure
integrity of:
(1) A sidewalk, curb, curb cut, gutter, surface water drain, or utility
line or appurtenance which is located within the right-of-way lines
of a Borough street or a non-Borough street; or
(2) The cartway of the street.
E. Any bush, shrub, hedge or plant in a grass plot or beauty spot which
adjoins the property and which is located within the right-of-way
lines of a Borough street or a non-Borough street:
(1) Is kept confined to the grass plot or beauty spot by cutting or trimming;
and
(2) Does not obstruct the view by a motorist of an intersection or a
street sign, traffic sign, traffic signal, or the like.
No person shall construct, install or maintain any ramp, stoop
or steps within the right-of-way lines of a Borough street or a non-Borough
street except in a case where the Borough Manager determines that:
a) because of the physical circumstances or condition of the lot or
structure which the ramp, stoop or steps are intended to serve, there
is no feasible way that the ramp, stoop or steps could be constructed
or installed on the lot or within the outline or envelope of the structure;
and b) the ramp, stoop or steps will be so designed and include or
incorporate such features or appurtenances that any hazards to users
of the right-of-way of the street will be minimized.
[Amended 10-11-2010 by Ord. No. 2010-4]
A. Except for a public utility company, a fire department company or
a cable operator franchised by the Borough of Lewistown, before any
person shall erect, install or position any ladder, scaffold, crane,
hoist or lift equipment or lowering equipment within the right-of-way
lines of a Borough street or a non-Borough street, or before any person
shall park a vehicle on a sidewalk or curb located within the right-of-way
lines of a Borough street or a non-Borough street, he shall first
obtain a street/sidewalk occupancy permit from the Building Codes,
Property Codes and Zoning Code Department. Exception: No street/sidewalk
occupancy permit shall be required in the case where a ladder with
a vertical rise of six feet or less is to be positioned in the same
spot on a sidewalk for a period of 30 minutes or less.
B. In the administration of Subsection
A of this section, the Department shall substantially follow the same procedures as are set forth in §§
212-18,
212-19 and
212-20 of Article
II of this chapter. However, in construing those sections so as to implement and give effect to Subsection
A of this section, the term "the provisions of the Building Code" is substituted in §
212-18 for the term "the provisions of this article and the provisions of the Sidewalk and Curb Regulations" or the like.