[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:
Portion of a street or highway improved, designed, or ordinarily
used for vehicular travel, exclusive of the berm or shoulder.
Snow, ice, sleet, freezing rain or similar precipitation
or any combination thereof.
Natural person, partnership, corporation, association, or
any other legal entity.
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.
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.
