[Adopted 5-8-2008 by Ord.
No. 2-2008]
The short title of this article shall be the "Borough Driveway
Culvert, Ditch and Gutter Maintenance Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
Any pipe, conduit or similar structure located beneath the
edge of a private driveway within the curb, ditch or swale upon land
abutting the sides of public roads.
Owners of residential, commercial or institutional real estate
located within Dalton Borough.
There is hereby established by the Borough of Dalton a program
that mandates that all owners of property located within Dalton Borough
shall be responsible for the cleaning, maintaining and repairing of
all driveway culvert pipes and cleaning of all gutters, ditches and
curb areas located along the property line of real estate abutting
public roads within Dalton Borough and prohibiting property owners
from placing any pipe culvert or stormwater facilities within the
curb area, ditch, swale or culverts located along public roads within
Dalton Borough.
A.
All property owners within Dalton Borough are responsible for cleaning,
maintaining and repairing driveway culvert/pipes.
B.
All property owners are responsible for cleaning all ditches, gutters
and swales running along their property line adjacent to or in the
easement area along public roads within Dalton Borough.
C.
All property owners are prohibited from placing pipe or culverts
within the ditch, curb or swale area along public roads within Dalton
Borough in the areas along their property line or in the public right-of-way
easement without the prior written approval of Dalton Borough Council.
D.
No property owner may install or reinstall a driveway culvert/drainage
pipe without the express written permission of the Borough of Dalton.
The Borough is authorized and directed to enforce this article.
The same is hereby authorized and directed to establish and promulgate
reasonable regulations as to the manner in which matters are required
to implement and enforce this article. The Dalton Borough Zoning Officer
is hereby authorized and empowered to enforce the provisions of this
article and any regulations promulgated in furtherance thereof. The
Borough of Dalton may change, modify, repeal or amend any portion
of this article or the companion regulations.
A.
Any property owner who violates the provisions of this article or
the provisions of the Borough Code shall, upon conviction in a summary
proceeding under the Pennsylvania Rules of Criminal Procedure, be
guilty of a summary offense and shall 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 undergo imprisonment
for not more than 30 days, provided that each violation of any provision
of this article and each day the same is continued shall be deemed
a separate offense.
[Amended 11-9-2017 by Ord. No. 4-2017]
B.
The Borough reserves the right to install remedial swales, gutters
and culverts at the expense of the property owner.
C.
Upon the neglect of any property owner to comply with the requirements
of this article or the provisions of the Borough Code as set out in
8 Pa.C.S.A. § 1801 et seq., the Borough, after notice, may
cause the grading, paving, repairing, curbing, cleaning of swales,
gutters and culverts to be done at the cost of the property owner,
and the Borough may collect the cost thereof with 10% additional,
together with all charges and expenses, from such owner, and may file
a municipal claim therefor or collect the same by action in assumpsit.
The Borough also reserves the right to perform emergency repairs as
per the provisions of the Borough Code, 8 Pa.C.S.A. § 1806.
This article is enacted by the Borough of Dalton under the authority
of the Act of Legislature, February 1, (1966) 1965, P.L. 1656, No.
581, known as the Borough Code, § 1005, as recodified and
amended (see now 8 Pa.C.S.A. § 1005), and any other applicable
law arising under the laws of the Commonwealth of Pennsylvania.
