Borough of New Eagle, PA
Washington County
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Table of Contents
Table of Contents
[Adopted 10-4-2016]
A. 
Existing sidewalks for the use of pedestrians shall be maintained in front of all lots abutting on all highways regularly used by pedestrians within the Borough in accordance with the widths, lines, grades, slopes and specifications of the Commonwealth of Pennsylvania, furnished by or through the Borough Secretary. All data necessary to construct or repair sidewalks may be obtained without charge at the Borough's office.
B. 
Sidewalks shall always be maintained in a safe condition and shall include all the space between the property line and the vehicular driveway even though the entire space may not be paved as a walkway for pedestrians.
C. 
This safety requirement shall apply to all structures and materials placed or permitted to exist under, on or in the spaces between the property line and the vehicular driveway, including therein the adequate safeguarding of any work done within the side space.
Sidewalks shall be kept clean and free of snow, ice, hail or sleet, leaves, weeds and any other structure or substance which may cause inconvenience or injury to pedestrians; upon failure to do so by owners or tenants, the work may be done by the Borough and the costs collected with penalties authorized by law, said costs to be charged to the owner or landlord.
A. 
Notice to lay or repair sidewalks shall be given to the owner according to legal requirements by any elected or appointed Borough official.
B. 
Notice to construct or repair sidewalks shall be at least 30 days, except in the case of emergency repairs, when it shall be 48 hours.
C. 
If any person shall fail to comply with the provisions of this article, the Borough may cause the work to be done and the cost collected as provided by law; such failure shall constitute a nuisance and be abatable under the laws of the commonwealth. All repairs to sidewalks shall be made with materials similar to those already in use.
A. 
All sidewalks shall be kept at all times in safe and usable condition and in good repair by the owner of the abutting property.
B. 
Upon failure or neglect of any property owner to keep the sidewalk abutting his property in such condition and repair, the Borough shall give notice to such property owner to comply with these requirements within 30 days, and upon failure of such property owner to do so within such time limit, the Borough may cause the necessary grading, paving, repairing, curbing and/or guttering to be done at the expense of the said owner and may collect the cost thereof and all additional charges, expenses and penalties as authorized in the Borough Code, 8 Pa.C.S.A. § 1801 et seq., as amended.
A. 
It shall be the duty of all persons, firms and corporations wishing to erect, repair or remove buildings, excavate for walls, cellars or vaults, or make any improvements, the doing of which would in any way encumber or obstruct any sidewalk, to obtain a permit from the Borough before proceeding with the same.
B. 
Such permit shall describe the location of each contemplated improvement and specify the time required to do the same.
C. 
A fee as set from time to time by resolution of the Borough Council shall be paid by each applicant for a permit.
A. 
No such permit shall be granted for a longer time than 14 days, except under special circumstances as provided in § 265-25, and in no case shall any permit allow the blocking or obstructing of any sidewalk other than opposite and immediately in front of the lot to be improved.
B. 
Any materials causing an obstruction shall be placed in compact form or heaps, lengthwise along the street or alley, and so as to leave the gutter unobstructed. The holder of such permit shall erect and maintain such guards, warning signs and warning lights as the Borough may require.
An extension of such permit may be granted for one month or less, after special consideration of the matter by Borough Council, and shall be granted in any case where a hardship would result by refusal of such extension. A fee as set from time to time by resolution of the Borough Council, for the use of the Borough, shall be paid by the permit holder for each such extension. All material and rubbish shall be removed by the permit holder after such improvements have been completed and before the expiration of the time limit stated in the permit.
The occupant in the case of any occupied lot and the owner in case of any unoccupied lot within the Borough shall, when required by notice from the Borough Council President or Code Enforcement Officer, remove all wood, coal, ashes, bales, boxes and any other unauthorized obstructions on the sidewalk, square, street or alley in front of or adjoining such lot. In case any person, firm or corporation shall fail to remove any such material or other obstruction therefrom within the time limit stated in such notice, the Borough Council President or Code Enforcement Officer may remove or cause the removal thereof, and the Borough shall collect the cost of such removal plus 10% from the owner or occupant, as the case may be, of said property.
Any person who shall violate any of the provisions of this article shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be punishable by a fine of not more than $1,000 plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. Nothing herein contained shall be construed to interfere with the grading, curbing and paving of sidewalks, streets and alleys nor with the placing of material for that purpose under the direction of the Borough Council President or Code Enforcement Officer.