[Adopted 1-20-1976 by Ord. No. 30 (Ch. XXI, Part 2A, of the
1976 Code of Ordinances)]
Every owner of property in the Borough of Burgettstown shall,
on 30 days' notice from the Borough Council, construct a sidewalk,
curb and/or gutter, which shall conform to all applicable requirements
of this article and/or the notice to do such work, in front of or
alongside such property.
All sidewalks and curbs shall be constructed of concrete only,
according to specifications therefor which shall be adopted from time
to time by the Borough Council, provided that existing sidewalks (but
not curbs) heretofore constructed of brick or flagstone may be repaired
by use of the same material, provided that no more than 50% of the
area of the walk abutting upon any specific lot is in need of repair
or replacement, but if more than 50% thereof is in need of repair
or replacement, as determined by the Borough Council, the entire walk
shall be reconstructed of concrete.
The Borough Council shall have the authority to determine, in
the case of any individual property, whether or not the sidewalk,
curb and/or gutter shall be reconstructed or repaired and, if so,
the specific part or parts thereof to be reconstructed or repaired.
The Borough Council, or any officer, agent or employee of the Borough
designated by the Council for the purpose, may, at any time during
the course of the work of construction, reconstruction or repair of
any sidewalk, curb and/or gutter, visit the site of such work in order
to ascertain whether such work is being done according to requirements,
and, within 48 hours after completion of any such work, the owner
of the abutting property shall notify the Borough Secretary-Treasurer
of that fact, and the Borough Council shall designate a person, as
above specified, to visit the site of the work and to ascertain whether
the same has been done in strict conformity with the provisions of
this article and of the notice for such work. If not, it shall be
the duty of the property owner to rectify all such errors at his own
expense; otherwise, the Borough shall have the same authority to do
so and collect the cost thereof, plus 10%, as it has under the law
in case of the neglect of the property owner to construct, reconstruct
and/or repair a sidewalk, curb or gutter following notice from the
Borough to do so.
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of Washington County.
