[Ord. 565, 10/19/2016]
1. 
It shall be the duty of all owners of property abutting or adjacent to any street, including state highways, to keep and maintain the sidewalk, driveway opening or apron and curb abutting or adjacent to such street or highway in good order, condition and repair in accord with the standards as established and prescribed from time to time by resolution of Council.
2. 
The Borough of Manor may require owners of property abutting or adjacent to any street, including state highways, to repair, replace, construct, pave, repave and keep in good repair the sidewalk, driveway opening or apron, curb and gutter along or adjacent to such property, at such grades and under such regulations as may be established and prescribed from time to time by resolution of Council.
3. 
Before any owner undertakes to construct, repair, replace, pave and/or repave any sidewalk, driveway opening and/or apron, the owner shall make application to the Borough upon a form provided by the Borough; and be issued a permit by the Borough for the work and activities to be performed. Fees for such application, permit and inspections shall be established and prescribed from time to time by resolution of Council.
[Ord. 565, 10/19/2016]
Where sidewalks, driveway openings or aprons or curbs are to be constructed, paved, repaved, replaced or repaired over openings, chambers or other excavations, such sidewalks, driveway openings or aprons or curbs shall be supported by iron or steel beams, girders, stone or concrete arches. Any support of wood or perishable material is prohibited.
[Ord. 565, 10/19/2016]
All sidewalks, driveway openings or aprons, curbs and gutters shall be constructed, paved, repaved, replaced or repaired, upon the line and grade obtained by the property owner from the Borough's authorized representative.
[Ord. 565, 10/19/2016]
Notice to construct, pave, repave, replace and repair sidewalks, driveway openings or aprons, curbs or gutters shall be given by registered or certified mail to abutting property owners, and such owners shall have 30 days to comply with said notice in conformity with any construction specifications as established and prescribed from time to time by resolution of Council.
[Ord. 565, 10/19/2016]
At any time during the performance of any required work, the Borough's authorized representative or the Borough Engineer may inspect the work to determine whether construction specifications, standards and regulations are being kept and observed.
[Ord. 565, 10/19/2016]
Upon the failure of any property owner to construct, pave, repave, replace, repair, keep or maintain any sidewalk, driveway opening or apron, curb or gutter in compliance with notice to do so, the Borough may do the same or cause the same to be done, and upon the completion of the work, the cost shall be a charge against the owner of the property, and shall be a lien, until paid, upon said property; and further, the Borough may levy the cost of such work on such owner as a property lien and claim to be filed and collected in the planner provided by law for the filing and collection of municipal claims. The charge may also be collected from the property owner by action of assumpsit.
[Ord. 565, 10/19/2016]
Where in the opinion of the Borough's authorized representative a dangerous condition exists to any sidewalk, driveway opening or apron, curb or gutter that can be repaired, the Borough shall provide the abutting or adjacent property owner with a written notice, by registered or certified mail, setting forth the emergency repairs that are required. Upon failure, refusal or neglect of such owner to comply with the notice within 48 hours after receiving the same, and where the actual cost of doing the work does not exceed $1,000 (as certified by the Borough's authorized representative ), the Borough may make or cause to be made such emergency repairs, and may levy and asses the cost of such work on such owner as a property lien and claim to be filed and collected in the manner provided by law for the filing and collection of municipal claims. The charge may also be collected from the property owner by action of assumpsit. The aforesaid certificate of the Borough's authorized representative shall be conclusive evidence of the existence of the emergency justifying the repair.
[Ord. 565, 10/19/2016]
Any property owner not required by notice to construct, pave, repave, replace or keep in repair sidewalks, driveway openings or aprons, curbs or gutters, may construct, pave, repave, replace or repair the sidewalk, driveway opening or apron, curb and gutter abutting his/her property; provided such owner shall make application to the Borough's authorized representative before commencing such work, shall perform said work in conformity with the provisions of this Part and other regulations of the Borough concerning specifications, standards and regulations for construction, replacement and repair work; and shall notify the Borough's authorized representative in accord with such specifications, standards and regulations.
[Ord. 565, 10/19/2016, as amended by Ord. No. 584-19-04, 11/13/2019]
As used in this Part and Part 3, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
CARTWAY
Portion of a street or highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder.
HAZARDOUS PRECIPITATION
Snow, ice, sleet, freezing rain or similar precipitation or any combination thereof.
PERSON
Natural person, partnership, corporation, association, or any other legal entity.
SIDEWALK
Portion of a street between the curb lines, or the lateral lines of a cartway, and the adjacent property lines, designed, constructed or intended for use by pedestrians. As the term is used in this chapter, "sidewalk" shall also include the driveway opening and apron.
STREET or HIGHWAY
Any street, road, lane, court, cul-de-sac, alley, public way and public square, either used for or intended for public use, and shall include the cartway, sidewalk, gutter, and the right-of-way area, whether or not the street, or any part of the street, is owned in fee by others than the Borough.
[Ord. 565, 10/19/2016]
Every person owning, occupying, in charge of or control of any property, building or lot of land fronting, adjacent to or abutting on an improved sidewalk, whether as owner, tenant, occupant, lessee, or otherwise, shall remove and clear away or cause to be removed or cleared away, hazardous precipitation, as well as any mud or other debris created by or from such hazardous precipitation, from such sidewalk so as to create a path of at least 30 inches in width on said sidewalk as is in front of, adjacent to or abuts on said property, building or lot of land.
1. 
Except as provided in Subsection 2 hereof, hazardous precipitation shall be removed from sidewalks within 12 hours after the cessation of any fall of hazardous precipitation.
2. 
In the event hazardous precipitation on a sidewalk has become of such a condition that removal of the same is likely to cause damage to the sidewalk, then the person responsible for its removal shall, within the time provided in Subsection 1 hereof, undertake other measures to make pedestrian travel on the sidewalk reasonably safe; and shall, as soon thereafter as weather permits, cause to be cleared a path on said sidewalk of at least 30 inches in width.
[Ord. 565, 10/19/2016]
Every person in charge or control of any property, building or other structure, whether as owner, tenant, occupant, lessee, or otherwise, shall remove and clear away, or cause to be removed and cleared away, any accumulation of hazardous precipitation on said property, building or other structure which is liable to fall onto any sidewalk, street or other public property. Such work shall be completed within a reasonable time, but not later than 12 hours after the cessation of any hazardous precipitation.
[Ord. 565, 10/19/2016]
1. 
No person shall deposit or cause to be deposited any hazardous precipitation on or immediately next to a fire hydrant or on any sidewalk, street, or loading and unloading areas of a public transportation system. A violation of this provision shall constitute a public nuisance.
2. 
Hazardous precipitation may be pushed, placed or mounded by the Borough on public cartways incident to the cleaning thereof or pushed, placed or mounded on curbs incident to the clearing of sidewalks in business districts of the Borough.
[Ord. 565, 10/19/2016]
1. 
Any person who shall violate any provision of this Part, including the provisions of any resolution adopted by the Borough Council pursuant to the provisions of this Part, shall, upon conviction thereof, be sentenced to pay a file of not more than $600, and, upon failure to pay said fine, to imprisonment for a term not to exceed 30 days. Each day that a violation continues shall constitute a separate offense.
2. 
In addition to the penalties set forth in Subsection 1, above, the Borough may enforce the provisions of the Part and the provisions of any resolution adopted by the Borough Council pursuant to the provisions of this Part by an action in equity commenced in the Court of Common Pleas of Westmoreland County.