[Ord. 79, 7/1/1941, § 1]
1.
Wherever the roadway of any public street in the Borough of Liberty
has been paved and set with curbing, or whenever any such roadway
of any public street shall hereafter be paved and set with curbing,
there is hereby ordained and laid out along each side of the roadway
of such streets a sidewalk or footway, the widths of which, measured
from the property line to the outer edge of such curbing, are hereby
established as follows, via:
A.
On all streets 50 feet wide and less than 60 feet wide, 10 feet wide.
B.
On all streets 40 feet wide and less than 50 feet wide, eight feet
wide.
C.
On all streets 30 feet wide and less than 40 feet wide, six feet
wide.
D.
On all streets less than 30 feet wide, four feet wide.
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and all sidewalks (except in front of public or semi-public
buildings and business houses, and except in streets less than 30
feet wide) shall be constructed or laid so that the center line of
the pavement thereof shall coincide with the center line of the space
allotted to such footway or sidewalk.
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[Ord. 79, 7/1/1941, § 2]
It shall be the duty of the owner of any lot in front of which or along which a sidewalk or footway has been ordained and laid out under § 21-101 of this Part to cause the subgrade thereof to be property prepared, as hereinafter provided, and immediately thereafter to construct and cause to be laid thereon a pavement of well-mixed concrete, as hereinafter specified, of not less than four feet in width and of not less than four inches in thickness and such pavements in front of public or semi-public buildings, such as the Borough municipal building, fire stations, and churches, and in front of business houses, such as stores and filling stations, shall be laid to the full width of such sidewalk.
[Ord. 79, 7/1/1941, § 3]
1.
Subgrade. The part of portion of all sidewalks which are to be paved
shall be subgraded to a sound hard base and all soft or spongy places
shall be removed and all depressions filled with suitable material,
after which there shall be placed thereon four inches of well-tamped
cinders. The subgrade, when completed, shall not be less than four
inches below the finished surface of the walk and the finished surface
shall be one inch above the curb elevation at the curb, and shall
have a slope toward the curb of not less than 1/4 inch per foot.
2.
Concrete. Upon the proper subgrade there shall be placed a four-inch
monolithic layer of well-tamped and well-mixed concrete, mixed in
the proportions by volume of one part of Portland cement of a reputable
brand, two parts of clean sharp river sand, and four parts of clean
river gravel, with sufficient clean water to produce a consistency
which shall be uniform and such that the mortar will cling to the
coarse aggregate. Retampering, that is, remixing mortar or concrete
that has partially hardened with additional water, will not be permitted,
and all concrete must be well spaded and tamped along the forms, and
all finished so that no coarse aggregate shows and left rough but
not uneven.
3.
Expansion Joints. The slab or flag divisions shall be formed in separate
blocks with 1/4 inch open joints. These slabs shall not exceed 36
square feet in area and the open joints shall be packed with fine
sharp river sand. An extra expansion joint, consisting of prepared
strips of fiber matrix and bitumen (or other similar material of approved
quality) must be provided in each 50 feet of walk, and on all return
curbs. The extra expansion joints on walks shall be 1/2-inch in thickness
and on return curbs shall be one-inch in thickness, and shall extend
to the depth of the concrete.
[Ord. 79, 7/1/1941, § 4]
Upon the neglect of any owner of lots to comply with the requirements
as provided in the preceding sections of this Part, the Borough of
Liberty may, after 15 days' notice, as may be directed to be
given from time to time by Council, to such owner, cause the grading,
paving and repairing of such sidewalk to be done at the cost of such
owner, 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 collect the same by action in assumpsit.
[Ord. 79, 7/1/1941, § 5; as amended by Ord. 423,
9/9/1987, § 21-105; and by A.O.]
The pavement of any sidewalk which has not been laid in conformity
with the provisions of this Part and the established grade of the
street on which it is constructed, is hereby declared to be nuisances
and must be taken up and relaid according to the provisions of this
Part within 30 days after notice by Council to the owner of the lot
fronting thereon; and upon failure of said owner to regrade and/or
to repave said sidewalk within the time stipulated herein, such owner
who shall violate any provision of this Part, upon conviction thereof
in an action brought before a magisterial district judge in the manner
provided for the enforcement of summary offenses under the Pennsylvania
Rules of Criminal Procedure, shall be sentenced to pay a fine of not
more than $1,000 plus costs, to be collected for the use of the Borough,
and which shall be paid into the Borough Treasury; and the Borough
shall cause said sidewalk to be regraded and/or repaved in the manner
herein and hereby required and shall collect the cost thereof, together
with all charges and expenses, from the owner of said lot, as aforesaid,
according to law and this Part and, in default of payment of said
fine and costs, to a term of imprisonment not to exceed 90 days. Each
day that a violation of this Part continues or each section of this
Part which shall be found to have been violated shall constitute a
separate offense.
[Ord. 79, 7/1/1941, § 6]
No pavement of any sidewalk heretofore laid with material which
is not in conformity with that prescribed by this Part shall be permitted
to be repaired, and whenever in the opinion of the Council of the
Borough of Liberty such pavement becomes in such condition that it
should not be repaired but should be replaced, then the owner of the
lot fronting thereon shall cause such sidewalk to be repaved in accordance
with the provisions of this Part within 30 days after notice of the
Borough Council; and, upon the neglect of any owner of lots to repave
such sidewalk in accordance with the requirements of this Part within
said thirty-day period, the Borough shall cause said walk to be repaved,
and the cost thereof and 10% additional, together with all charges
and expenses, shall be collected by the Borough from the owner according
to law and this Part.
[Ord. 2011-03, 4/20/2011, § 1]
As used in this subpart, "sidewalk" shall mean the portion
of a street located outside the cartway, and shall include paved footway,
unpaved grass plot, curb and gutter.
[Ord. 2011-03, 4/20/2011, § 2]
The Borough of Liberty hereby requires owners of property abutting
on any street in the Borough of Liberty, including state highways,
to grade, construct, drain, pave, repave, maintain and repair the
sidewalk, curb and gutter along such property, at such grades and
under such regulations as may be prescribed by the Borough Engineer.
[Ord. 2011-03, 4/20/2011, § 3]
Where sidewalks or curbs are to be constructed, paved, repaved
or repaired over coal cellars or other excavations, such sidewalks
shall be supported by iron or steel beams, girders, stone or concrete
arches. Any support of wood or perishable material shall be prohibited.
[Ord. 2011-03, 4/20/2011, § 4]
All sidewalks, curbs and gutters shall be constructed, paved,
repaved or repaired, upon the line and grade obtained by the property
owner from the Borough Engineer.
[Ord. 2011-03, 4/20/2011, § 5]
Notice to construct, pave, repave and repair sidewalks, curbs
or gutters shall be given by registered or certified mail to abutting
property owners, and such owners shall have 60 days to comply with
said notice in conformity with any construction specifications prescribed
by the Borough Engineer.
[Ord. 2011-03, 4/20/2011, § 6]
At anytime during the performance of the required work, the
Borough Engineer may inspect the work to determine whether construction
specifications are being observed.
[Ord. 2011-03, 4/20/2011, § 7]
Consistent with maintaining sidewalks in safe and usable condition
for pedestrian passage, the Borough of Liberty hereby requires owners
of property abutting on any street in the Borough of Liberty, including
state highways, to clear and remove all snow and/or ice from such
sidewalks within 48 hours of any snow and/or ice fall.
[Ord. 2011-03, 4/20/2011, § 8]
Upon the neglect or failure of any property owner to grade,
construct, drain, pave, repave or maintain any sidewalk, curb or gutter
in compliance with notice to do so, the Borough may do the same or
cause the same to be done, and may levy the cost of its work, plus
10% additional together with all charges and expenses, on such owner
as a municipal lien and may file a municipal claim therefore or collect
the same in the manner provided by law.
[Ord. 2011-03, 4/20/2011, § 9]
1.
In addition to the remedies now vested in the Borough of Liberty
to make repairs to sidewalks, the Borough shall have the power to
make emergency repairs to any sidewalks thereon, where, in the opinion
of the Borough Engineer, a dangerous condition exists that can be
repaired by an expenditure of not more than $500. Before any such
repairs are made, a notice to make the repairs within 48 hours shall
be served upon the owner of the said property. If the owner cannot
be served within the county, notice may be served upon the agent of
the owner or the party in possession, or if there is no agent or party
in possession, the notice maybe served by posting the same upon such
premises.
2.
Upon the completion of the work, the cost thereof shall be a charge
against the owner of the property, and shall be a lien, until paid,
upon the abutting property, provided a claim is filed therefore in
accordance with the law providing for the filing and collection of
municipal claims. Any such charge may also be collected by action
of assumpsit. This section is intended to provide an additional remedy
for the Borough of Liberty in connection with emergency repairs, where
the actual cost of doing the work does not exceed $500, and the opinion
and/or certificate of the Borough Engineer shall be conclusive evidence
of the existence of the emergency justifying the repair under the
terms of this section.
[Ord. 2011-03, 4/20/2011, § 10]
Any property owner not required by notice to construct, pave,
repave or keep in repair sidewalks, curbs or gutters, may construct,
pave, repave or repair the sidewalk, curb and gutter abutting his
property; provided, such owner shall make application to the Borough
Engineer before commencing work; shall conform to the provisions of
this subpart and other regulations as to specifications for construction
and repair work; and shall notify the Borough Engineer within two
days after completion of his work.
[Ord. 2011-03, 4/20/2011, § 11]
Neither the issuance of a permit by the Borough of Liberty under
the provisions of this subpart, nor compliance with the provisions
of this subpart by the owners of property abutting on any street in
the Borough of Liberty, including state highways, with any condition
imposed by the Borough of Liberty hereunder, shall relieve any person
from any responsibility for damage to persons or property resulting
thereof, or as otherwise imposed by law, nor impose any liability
upon the Borough of Liberty or its agents for damages to persons or
property. Additionally, on any claim presented for bodily injury or
property damages on the sidewalk, curb and/or gutter covered by this
subpart, the adjoining/abutting property owner shall be held liable
in tort for such damages to another. Alternatively, should the Borough
of Liberty be called upon to make such payment to a third party, the
Borough of Liberty will look to the adjoining/abutting property owner
for contribution and/or indemnity.
[Ord. 2011-03, 4/20/2011, § 12; as amended by A.O.]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
