[Ord. 463, 6/23/1965, § 1; as amended by Ord. 830,
3/18/1992]
Every owner of property in the Forest Hills Borough shall, on
30 days' notice from the Borough Council, or its designated representative,
construct or reconstruct a temporary or permanent sidewalk, as directed
by such notice, which shall conform to all the applicable requirements
of this Part, in front of or alongside such property.
[Ord. 463, 6/23/1965, § 2]
Every owner of property in the Forest Hills Borough shall, on
five days' notice from Borough Council, repair the sidewalk in front
of or alongside such property, in the manner stipulated in such notice.
Provided, nothing herein shall preclude the use by the Council of
the authority vested therein by the Borough Code to require that emergency
repairs to sidewalks, involving an expenditure of not more than $50,
to be made on 48 hours' notice.
[Ord. 463, 6/23/1965, § 3]
On all streets on which a grade shall not have been established,
the Council shall, when in its judgment decide it is necessary, require
that temporary sidewalks, of cinder or other material, be laid in
accordance with specifications adopted from time to time by the Council
for such temporary sidewalks. Such specifications shall be adopted
by the Council on motion and shall be kept on file in the office of
the Borough Secretary.
[Ord. 463, 6/23/1965, § 4]
On all streets on which a grade shall have been established,
the sidewalk shall be paved with concrete, according to specifications
adopted from time to time on motion by Council and kept on file in
the office of the Borough Secretary. The width of the sidewalk on
any and every street shall be determined by the Council at the time
that it shall order the construction of such sidewalk, and the Council
may specify either that the entire width thereof be paved with concrete
or that only a portion of the width be paved and the remainder be
maintained as a grass plot. Every notice to construct or reconstruct
a sidewalk shall specify the width of the sidewalk and the width and
location of the paved portion thereof, as well as the grade and slope
thereof, and the sidewalk shall be constructed or reconstructed in
strict conformity with such notice. At the intersection of any two
streets, the sidewalk shall be laid to the curb on both streets.
[Ord. 463, 6/23/1965, § 5]
All private driveways to cross any sidewalk shall be made of
concrete, according to the same specifications as for the concrete
used in the construction of the sidewalk, and shall extend from the
street line to the property line. The grade of every such driveway
shall meet the grade of the paved portion of the sidewalk on either
side, and, for the purpose of providing drainage from the driveway
to the street, it may be depressed by gradual inclination toward the
center to not more than three inches below the paved portion of the
sidewalk. From the outside line of the paved portion of the sidewalk
to the street line it shall descend at an even grade to the level
of the street gutter. No private driveway shall be constructed until
the plan thereof shall have been submitted to and approved by Council,
which shall have authority to specify the width and location of the
driveway entrance, and to refuse approval for more than one driveway
leading into the same premises, and to require the placement of driveways
in the interest of public safety and with a minimum of interference
to vehicular and pedestrian traffic and parking.
[Ord. 463, 6/23/1965, § 6]
It shall be the duty of the Borough Engineer to determine, in
the case of any individual property, whether or not the sidewalk shall
be reconstructed or shall merely be repaired, and, if so, the specific
part or parts thereof to be reconstructed or repaired. The Engineer
may, at any time during the course of the work of constructing, reconstructing
or repairing any sidewalk, either person or by authorized deputy or
assistant, visit the site of such work to ascertain whether the work
is being done according to requirements, and he or one of his deputies
or assistants shall visit any such site for such purpose at any reasonable
time when requested to do so by the property owner. Within 72 hours
after the completion of the work of construction, reconstruction or
repair of any sidewalk, it shall be the duty of the owner of the property
where such work was done to notify the Borough Engineer of that fact,
so that he may inspect such sidewalk to determine whether the same
shall have been constructed, reconstructed or repaired, as the case
may be, as required by this Part and the specifications and requirements
adopted thereunder.
[Ord. 463, 6/23/1965, § 7]
Any property owner, upon his own initiative, and without notice from any Borough authority, may reconstruct or repair a sidewalk in front of or alongside his property, provided that such owner shall first make application to the Borough Engineer and shall conform to the requirements of this Part and the specifications and requirements adopted thereunder that would be applicable for a sidewalk to be reconstructed or repaired on notice from the Borough. No property owner shall construct a new temporary or permanent sidewalk, where no temporary or permanent sidewalk, as the case may be, shall have been previously located, except upon order and notice from the Borough Council, as provided in §
21-301.
[Ord. 463, 6/23/1965, § 8]
Upon the neglect of any property owner to comply with any notice to him as provided in §
21-301 or
21-302, the Borough may, after notice, cause such work of construction, reconstruction or repair, as the case may be, to be done, and may collect the cost thereof, and 10% additional, together with all charges and expenses, from such owner, and may file a municipal claim therefor, or may collect the same by action in assumpsit.
[Ord. 463, 6/23/1965; as added by Ord. 830, 3/18/1992; and
by Ord. 976, 1/16/2008]
1. Any person, firm or corporation who violates a provision of this Part, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus court costs and costs of prosecution incurred by the Borough, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with Chapter
1 of this Code.
2. A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3. The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.
[Ord. 464, 6/23/1965, § 1]
The owner, occupant or tenant of every property fronting upon
or alongside any of the streets in the Forest Hills Borough is hereby
required to remove or cause to be removed from all of the sidewalks
in front of or alongside such property all snow and ice thereon fallen
or formed, within 10 hours after the same shall have ceased to fall
or to be formed. Provided, snow or ice that has ceased to fall or
to be formed after 6:00 p.m. may be removed at any time before 10:00
a.m. the next morning. Provided further, the owner of a property shall
be responsible for conforming to the requirements of this section
where such property is occupied by such owner or is unoccupied or
vacant or where such property is occupied by such owner or is unoccupied
or vacant or where such property is multiple-business or multiple-dwelling
property, occupied by more than one tenant or occupier; the tenant
or occupier of a property shall be responsible where such property
is a single unit tenanted or occupied by such tenant or occupier.
[Ord. 464, 6/23/1965, § 2]
In any case where the owner, occupant or tenant, as aforesaid, shall fail, neglect or refuse to comply with any of the provisions of §
21-321 of this Part within the time limit prescribed therein, the Borough authorities may proceed immediately to clear all snow and/or ice from the sidewalk of such delinquent, and to collect the expenses thereof, with an additional amount of 10% thereof, from such owner, occupant or tenant, as the case may be, which may be in addition to any fine or penalty imposed under the §
21-323 hereof.
[Ord. 662, 6/15/1977, § 1]
No person shall place, deposit, dump, shovel or cause any placement,
depositing, dumping or shoveling of snow or ice onto any Borough street,
road, alley or way, which snow or ice has been removed from a sidewalk,
driveway or property adjacent to such Borough street, road, alley
or way.
[Ord. 662, 6/15/1977; as added by Ord. 830, 3/18/1992]
Owners of real estate in the Forest Hills Borough abutting on
any street or state highway are required to keep the area of the Borough
street or state highway located between one cartway and the right-of-way
line in a safe and usable condition. The aforesaid area may include
a paved footway, sidewalk, and/or unpaved grass plot.
[Ord. 464, 6/23/1965, § 3; as amended by Ord. 662,
6/15/1977; by Ord. 830, 3/18/1992; and by Ord. 976, 1/16/2008]
1. Any person, firm or corporation who violates a provision of this Part, or who fails to comply therewith, or with any of the requirements thereof, shall be, upon conviction thereof, sentenced to pay a fine of not less than $100 nor more than $1,000 for each violation, plus court costs and costs of prosecution incurred by the Borough, and in default of payment of said fine and costs, to imprisonment to the extent permitted by law for the punishment of summary offenses. Procedures for collection of fines and penalties for default of payment shall be in accordance with Chapter
1 of this Code.
2. A separate offense shall arise for each day or portion thereof in
which a violation is found to exist or for each section of this Part
found to have been violated. All fines and penalties for the violation
of this Part shall be paid to the Borough Treasurer.
3. The Borough may also commence appropriate actions in equity or other
to prevent, restrain, correct, enjoin, or abate violations of this
Part.