[Adopted 1-20-1976 by Ord. No. 31 (Ch. XXI, Part 2B, of the
1976 Code of Ordinances)]
It shall be the duty of owners of property abutting any public
street, lane, road or alley within the Borough to maintain, keep in
good repair, and keep free from obstruction any sidewalks along such
property which are regularly available for the use of the public,
whether such sidewalks are located on the owner's property or
within the boundaries of the streets abutting such property.
In the event that the condition of any such sidewalk or walkway
requires maintenance, repair or the removal of obstructions therefrom,
the Code Enforcement Officer shall cause a notice to be sent in writing
to the owners of the property requiring said owners to effect such
repairs, maintenance, or removal of the obstruction from the sidewalk.
Upon receipt of the notice required under § 438-7 of this article, the owners shall perform the required construction as the case may be within a period of 30 days from the date of the receipt of the notice or within such other period, not less than 30 days, as shall be authorized by the Council upon application of the property owner.
Upon failure of any property owner to make the necessary repairs
required by the notice provided for hereinabove within the time fixed
by this article, the Borough may, through its duly authorized agents,
servants, or employees, enter upon the premises and make the necessary
repairs or remove the offending obstructions, and the expense thereof
shall be levied against the property and collected from the owners
in the manner provided for the collection of municipal liens. Any
claims entered against the owners shall be a lien upon the premises
dating from the time of the commencement of the work.
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.
