[Adopted 11-16-1982 by Ord. No. 421]
The Borough of Sharpsburg may require owners of property abutting
on any street, including state highways, to construct, pave, repave
and keep in good repair the sidewalk, curb and gutter along such property
at such grades and under such regulations as may be prescribed by
the Superintendent of Public Works.
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-on-steel beams, girders, stone or concrete
arches. Any support of wood or perishable material shall be prohibited.
All sidewalks, curbs and gutters shall be constructed, paved,
repaved or repaired upon the line and grade obtained by the property
owner from the Superintendent of Public Works.
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 30 days to comply with
said notice in conformity with any construction specifications prescribed
by the Superintendent of Public Works.
At any time during the performance of the required work, the
Borough Engineer may inspect the work to determine whether construction
specifications are being observed.
Upon the failure of any property owner to construct, pave, repave
or maintain any sidewalk, curb or gutter in compliance with notice
to do so, the Borough or Sharpsburg may do the same or cause the same
to be done and may levy the cost of its work on such owner as a property
lien to be collected in the manner provided by law.
Where in the opinion of the Superintendent of Public Works a
dangerous condition exists that can be repaired by an expenditure
of $100, the Borough of Sharpsburg shall send such property owner
notice by registered or certified mail, stating emergency repairs
are required. Upon failure of such owner to comply with the notice
within 48 hours after receiving it, the Borough of Sharpsburg may
make emergency repairs and levy cost of its work on such owner as
a property lien to be collected in the manner provided by law.
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 Superintendent
of Public Works before commencing work; shall conform to the provisions
of this Part 3 and other regulations as to specifications for construction
and repair work; and shall notify the Superintendent of Public Works
within two days after completion of his work.
The Superintendent of Public Works and the Borough Engineer
shall prepare construction regulations and specifications for sidewalk
construction within the Borough of Sharpsburg. Said regulations and
specifications shall be made available to any individual constructing
or repairing sidewalks within the Borough of Sharpsburg.[1]
[1]
Editor's Note: The specifications for curb construction are
on file in the office of the Borough Clerk.
[Added 11-19-1985 by Ord.
No. 449]
1.
When a sidewalk is to be opened, broken or destroyed as a result
of construction by the property owner abutting a sidewalk, or when
a sidewalk is opened, broken or destroyed as a result of the placement
of utility, water or sewage lines servicing the abutting property
owner's structure, the abutting property owner has 60 days from the
completion of that portion of the construction or placement of the
line which disturbed the sidewalk to repair and replace that portion
of the sidewalk opened, broken or destroyed.
2.
All repairs to the sidewalk must be made pursuant to the provision
of the subpart of this chapter of the Code of Ordinances of the Borough
of Sharpsburg.
[Added 11-19-1985 by Ord.
No. 449; amended 2-21-2013 by Ord. No. 13-05]
Any person, firm or corporation who shall violate any provision
of this part shall, upon conviction thereof, 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 30
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.
