[Adopted 9-22-1986 by Ord. No. 86-4 (Ch. 21, Part 3, of the
1986 Code)]
A.
When not inconsistent with the context of this article, words and
terms used in the present tense include the future tense; words and
terms used in the plural number include the singular number and the
converse; and the masculine gender includes the feminine gender and
the neuter gender.
B.
Where the term "base cost to the Borough of the corrective work,"
or a term of similar import, is used in this article, the term shall
mean:
(1)
If the work is done by the Borough, the actual cost to the Borough
of the equipment, materials and labor involved in the work done by
the Borough plus the 10% add-on authorized by § 1805 of
the Borough Code, 8 Pa.C.S.A. § 1805, as amended; or
(2)
If the corrective work is done for the Borough by an independent
contractor retained by the Borough, the contract price paid by the
Borough to the contractor plus the 10% penalty authorized by § 1202(5)
of the Borough Code for the removal of a nuisance.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 1202(5).
C.
Where a word or term is not defined by Subsection D below or by another section in this article, the word or term shall have attributed to it its ordinarily accepted meaning or such as the context may require or imply.
D.
ABUTTING THE PROPERTY or ADJOINING THE PROPERTY
BOROUGH
BOROUGH STREET; NON-BOROUGH STREET
PERSON
OWNER OF A PROPERTY
(1)
(2)
Unless otherwise expressly stated, or unless the context clearly
requires a different meaning, the following words and terms when used
in this article shall have the meanings next ascribed to them.
See § 212-17D of this chapter where terms of similar import are defined. The sense and meaning of those definitions are incorporated here by reference.
The Borough of Lewistown, acting through the Borough Manager,
a Department officer in the Building Codes, Property Codes and Zoning
Code Department, a Bureau officer in the Fire Prevention Bureau, a
Borough police officer, or that employee of the Borough appointed
by the Borough Manager to enforce this article or any provision of
this article.
Each of these terms is defined in § 212-17D of this chapter, and each of those definitions is incorporated here by reference.
Any individual, partnership, firm, association, organization,
corporation, government agency, municipal authority, or other entity.
Or a term of similar import, means any person who, whether
alone or jointly or severally with others:
Actually owns a lot or parcel of real estate (that is, has legal
title to or a vested or equitable interest in the real estate, with
or without actual or accompanying possession thereof); or
Has charge, care or control of the real estate as agent, attorney,
manager, operator, receiver, trustee or the like for the owner or
as agent, manager, personal representative, trustee or the like for
the estate of the owner.
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:
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:
A.
It shall be the duty and responsibility of the owner of a property
to ensure that no roof water, stormwater or groundwater from the property
is drained or discharged from drain pipes, gutters, swales or the
like located on the property to a gutter or surface water drain located
within the right-of-way lines of a Borough street or a non-Borough
street by channeling the water onto the surface of a sidewalk located
within the right-of-way lines of a Borough street or a non-Borough
street.
B.
The method for channeling the water through and across a sidewalk
shall be by drain pipes installed underneath the surface of the sidewalk.
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.[1]
A.
Except as otherwise provided in Subsection B or C below, no person shall display any goods, produce or merchandise at any place which is located within the right-of-way lines of a Borough street or a non-Borough street except on the occasion of such special sale days, such civic or community events, such fundraisers for charitable purposes, or the like as are approved by Borough Council.
B.
Exception for newsracks or newspaper boxes. In districts zoned C Commercial or M Manufacturing and Industrial by the Borough Zoning Ordinance, a person may install a newsrack or newspaper box (for the sale, vending, distribution, or giving away of newspapers, books, magazines, periodicals, or other like printed matter which is protected by the laws of freedom of the press under the First and Fourteenth Amendments of the United States Constitution) on a sidewalk which is located within the right-of-way lines of a Borough street or a non-Borough street, provided that all the criteria set forth in Subsection B(1), (2), (3), (4) and (5) below are met:
(1)
The newsrack or newspaper box shall be a watertight, rustproof container
constructed of not less than 12 gauge steel; shall be not more than
52 inches in height, 24 inches in width and 24 inches in depth; and
shall display no commercial advertisement of or for a second party.
(2)
The newsrack or newspaper box shall be installed either at the curb
side of the sidewalk or at the side of the sidewalk which is (or which
is closest to) the right-of-way line of the street. In either case,
however, the part of the sidewalk which is not occupied by the newsrack
or newspaper box (and accordingly, the part of the sidewalk which
is to be kept open and free for pedestrian passage by the public while
the newsrack or newspaper box is in position) shall be at least six
feet wide. If the newsrack or newspaper box is installed at the curb
side in a metered parking zone, the newsrack or newspaper box shall
be installed at a location which is to the left side or right side
of a parking meter; shall be installed so that the newsrack or newspaper
box does not obstruct access to a parking meter; shall be installed
so that the newsrack or newspaper box does not block or impede the
opening of car doors or the like; and in the case of metered angled
parking, shall be installed so that the newsrack or newspaper box
does not prevent a vehicle from parking head-in in the parking space.
(3)
The newsrack or newspaper box shall be weighted so that it cannot
be easily or readily moved or dislocated from its position on the
sidewalk; or, if not weighted, shall be fastened to the sidewalk with
bolts or lags so installed as not to extend beyond the sides of the
newsrack or newspaper box. No newsrack or newspaper box shall be chained
or bolted or otherwise attached or fastened in any manner to a tree;
a postal department mailbox; a parking meter, street sign, traffic
sign, traffic signal pole, utility pole, or the like; or any equipment,
facility or installation owned, operated or maintained by a federal,
state or county agency or by the Borough or the Borough Fire Department
or the Borough Police Department.
(4)
No newsrack or newspaper box shall be installed in a sidewalk area
which abuts or adjoins a no-parking zone or in a sidewalk area which
is within 15 feet from the intersection of the right-of-way lines
of two streets. No newsrack or newspaper box shall be installed so
as to obstruct an entrance or exit of a building, any stairs or steps
of a building, a side yard passageway, a driveway or a curb cut, or
the view of a street sign, traffic sign, or other official sign.
(5)
The owner of the property which abuts or adjoins the sidewalk where
the newsrack or newspaper box is installed has granted permission
for the newsrack or newspaper box to be installed where it is.
C.
Exception for display of goods by a merchant. In districts zoned C Commercial or M Manufacturing and Industrial by the Borough Zoning Ordinance, a merchant may display (on that portion of a sidewalk which is located within the right-of-way lines of a Borough street or a non-Borough street and which is located in front of the storefront of the merchant's store) such goods, produce or merchandise as the merchant ordinarily offers for sale in the regular course of business, provided that all the criteria set forth in Subsection C(1), (2), (3), (4), (5), (6) and (7) below are met:
(1)
The part of the sidewalk which is used for the display shall be that
part (no longer than the length of the storefront of the merchant's
store and no wider than three feet) which is closest to the storefront
of the merchant's store.
(2)
The part of the sidewalk which is not used for the display (and accordingly,
the part of the sidewalk which is to be kept open and free for pedestrian
passage by the public while the display is in position) shall be at
least six feet wide.
(3)
All signs, stands and equipment used in connection with the display shall be portable and shall be kept with the display within the confines of the display area prescribed by Subsection C(1). No signs, stands or equipment shall be fastened to the sidewalk.
(4)
No display, and no sign, stand or equipment used in connection with a display, shall be higher than six feet above the surface of the sidewalk. A display, and all signs, stands and equipment used in connection with the display, shall be positioned in an orderly manner within the confines of the display area prescribed by Subsection C(1).
(5)
No display, and no sign, stand or equipment used in connection with
a display, shall be positioned so as to obstruct an entrance or exit
of a building, any stairs or steps of a building, a side-yard passageway,
a driveway or a curb cut, or the view of a street sign, traffic sign,
or other official sign.
(6)
A display, and all signs, stands and equipment used in connection
with the display, shall be removed from the sidewalk each afternoon
or evening by not later than the close of business by the merchant
or 9:00 p.m., whichever is earlier, and the sidewalk shall be left
broom clean. No display, and no sign, stand or equipment used in connection
with a display, shall be set up on the sidewalk before 8:00 a.m.
(7)
The owner of the property which abuts or adjoins the sidewalk where
the display is positioned or set up has granted permission for the
display to be positioned or set up where it is.
D.
Indemnification of the Borough. A person who avails himself of an exception approved by Borough Council under § 212-33A, or who avails himself of the exception granted by § 212-33B or C, shall thereby be held to have agreed to save, defend and keep the Borough harmless from and indemnify it against all claims, actions, suits, judgments, or the like brought or entered against the Borough — and all damages, losses and expenses (including but not limited to attorneys' fees) suffered or incurred by the Borough — and arising out of or attributable to that person's use of a street or sidewalk for a purpose described in Subsection A, B or C of this section or arising out of or attributable to that person's failure to comply with any condition or term imposed by Borough Council in approving an exception under § 212-33A or arising out of or attributable to that person's failure to comply with any of the provisions, conditions or criteria set forth in § 212-33B or C.
A.
Whenever the Borough determines that a condition exists which is in violation of any provision of this article, the Borough shall give a written notice of that fact to the owner, the occupant (see Subsection B) or other person responsible for the condition or for correcting the condition and shall include in that notice;
(1)
A description sufficient to identify the condition and the place
where the condition is located;
(2)
An order that the owner, occupant or other person responsible for
the condition or for correcting the condition take such action, within
such time, to correct the condition as is deemed necessary by the
Borough under the circumstances; and
(3)
A warning substantially to the effect that, if the condition is not
corrected within the time fixed in the order, the failure to correct
the condition could result in the imposition of a fine and court costs
and, in addition, could result in the condition being deemed by the
Borough to constitute a public nuisance and, therefore, abatable as
such by the Borough at the cost and expense of the owner, occupant
or other person responsible.
B.
In any case under § 212-29 or 212-31 where a notice and order is given to the occupant of a property, a counterpart of that same notice and order shall be given to the owner of the property, and the owner, as well as the occupant, shall be responsible for carrying out or complying with the order in the notice.
[Amended 4-14-2014 by Ord. No. 2014-6]
A.
If the condition referred to in a notice and order under § 212-34A is not corrected within the time fixed in the order, the condition shall be deemed by the Borough to constitute a public nuisance, and the Borough Manager may direct that the Borough work force (or an independent contractor retained by the Borough) correct the nuisance.
B.
If the nuisance corrected under Subsection A was a condition described in § 212-29 or 212-30, the owner of the property shall be charged for the corrective work done by or for the Borough, and the charge shall be the base cost to the Borough of the corrective work.
[Amended 4-14-2014 by Ord. No. 2014-6]
C.
In all other cases, the person responsible for the condition or for
correcting the condition which constituted the nuisance shall be charged
for the corrective work done by or for the Borough, and the charge
shall be the base cost to the Borough of the corrective work.
A.
Any charge imposed upon a person by the Borough under the provisions
of this article shall be billed by the Borough within 60 days after
the charge was incurred.
B.
A bill rendered by the Borough shall be payable at face within 30
days after the date the bill is mailed. If the bill is not paid in
full within 30 days, it shall be delinquent and a penalty of 2% of
the face amount of the bill shall be added to the amount unpaid.
C.
If a bill, together with the penalty for delinquency, is not paid
in full within 35 days after the bill becomes delinquent, the Borough
may collect the delinquent bill, together with the penalty for delinquency,
by instituting an action in assumpsit or by filing a municipal claim
as a municipal lien. [See § 1202(5) of the Borough Code,
and Section 4 of the Municipal Claims and Liens Law, 53 P.S. § 7107.]
A.
Any person who violates any provision of this article or who fails to carry out or comply with a notice and order of the Borough shall, upon conviction of the offense, be sentenced to pay a fine of not more than $100 and the costs of prosecution and, upon failure to pay such fine and costs, to imprisonment for not more than 10 days. For the purposes of the imposition of the fine and costs prescribed by this § 212-37A, the word "person," when applied to partnerships, firms or associations, shall mean the partners or members thereof; when applied to organizations or corporations, the officers thereof; and when applied to other entities, the officers, officials or other individuals responsible for managing the business or affairs of the entity.
B.
Each day that a notice and order of the Borough is not complied with shall be deemed to constitute a new or separate offense under Subsection A of this section and subject in all respects to the same penalty as is provided in Subsection A, and a separate prosecution may be instituted and a separate fine imposed for each offense committed after the first offense.
