[Ord. 383, 5/5/1981, § 1; as amended by Ord. 432,
6/6/1990, § 1; by Ord. 2010-02, 7/15/2010, § 1;
and by A.O.]
It shall hereafter be unlawful for any person, firm or corporation
to open any street, alley or sidewalk in the Borough of Liberty for
any purpose whatsoever, without first obtaining a permit from the
office of the Borough Secretary. The charge for said permit shall
be in an amount as established from time to time by resolution of
Borough Council.
[Ord. 383, 5/5/1981, § 2; as amended by A.O.]
Prior to the issuance of such permit, a written application
shall be made for the opening up of any such street, alley or sidewalk,
upon proper forms provided by the Borough Secretary, and no permit
shall issue unless the applicant shall first furnish unto the Borough
of Liberty a surety bond, cash or certified check in the amount as
established from time to time by resolution of Borough Council, conditioned
for the proper replacement of any pavement disturbed by the opening
up of such street, alley or sidewalk.
[Ord. 383, 5/5/1981, § 3]
When the purpose for which said opening up of any street, alley
or sidewalk has been completed, the applicant shall immediately proceed
to restore the pavement to its former condition, subject to approval
by the Borough Engineer. Said repavement shall be subject to final
inspection by the Borough of Liberty for a period of 90 days after
its completion, and if not found to be of sufficient quality, may
be repaved by the Borough authorities, after 10 days' written
notice to the applicant hereunder and charged against the surety or
cash bond posted under the terms of this Part.
[Ord. 383, 5/5/1981, § 4]
It shall be unlawful for any person, firm or corporation to
post with the Borough of Liberty a continuing bond to indemnify the
said Borough against any damage for improper replacement of pavement;
provided, however, that a separate application shall be made, and
a separate permit shall be issued, prior to any single undertaking
of opening streets, alleys or sidewalks in the Borough of Liberty.
[Ord. 383, 5/5/1981, § 5; as amended by Ord. 423,
9/9/1987, § 21-205; and 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.
