[HISTORY: Adopted by the Borough Council of the Borough of Avis 12-1-1997 by Ord. No. 220 (Ch. 21, Part 1, of the 1992 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Code enforcement — See Ch. 242.
Streets and sidewalks — See Ch. 450.
Zoning — See Ch. 500.
It is hereby declared unlawful for any person, firm or corporation to grade, construct or repair any driveway entrances within the Borough of Avis, except in compliance with the provisions of this chapter.
Any person, firm or corporation desiring to grade, construct or repair any driveway entrance shall first obtain a permit therefor from the Avis Borough Zoning Office, said permit to be issued by the Avis Borough Zoning Officer only after the following conditions have been satisfied:
A. 
The filing of written application with said Borough Manager or Supervisor setting forth the location, size and purpose of the driveway entrance and approximate date the construction will start and finish.
B. 
The approval of said application by the Borough Engineer.
C. 
The approval of the location of said driveway entrance by the Borough Council.
D. 
The payment of a permit fee to be determined upon receipt of the application and review by the Borough Engineer, said fee to be paid to the Borough Secretary.
A. 
Driveway entrance abutting a curbed street. All driveway entrances shall have a curb radius or drop curb of two feet of property owner's curbline on each side, shall have the outside edge along the curbline 1 1/2 inches above the flow line of the gutter, and shall have a straight slope from the gutter line upward to the sidewalk level, shall have a sidewalk surface of the same grade and width as the adjacent sidewalks.
B. 
Driveway entrance abutting an uncurbed street. All driveway entrances shall have a six-inch vertical grade sloping upward to the abutting street, which grade shall be measured six feet from the end of the paved area of the Borough street abutting any such driveway. All driveway entrances shall be a minimum of 12 feet wide. No driveway entrance shall be constructed with a frontage exceeding 16 feet along the curbline, including radius, except upon specific approval by resolution of the Borough Council.
C. 
Driveway entrances, heretofore laid in such a manner not prescribed herein shall be permitted to be repaired but whenever any such driveway entrance, in the opinion of Council, is in a dangerous condition, installed with insufficient sight distance, deposits stormwater runoff onto Borough streets or contributes to a dangerous safety condition, are hereby declared to be a nuisance and must be removed, regraded and/or reconstructed according to the provisions of this chapter.
D. 
Driveway entrances which are hereafter constructed and are not laid in conformity with the provisions of this chapter and with the established grades and lines of the Borough of Avis are hereby declared to be a nuisance and must be removed, regraded and/or reconstructed according to the provisions of this chapter.
E. 
In either case, notice shall be given to the owner to reconstruct the driveway entrance within 30 days after notice to the owner or owners to do so by Council, and upon failure of said owner to regrade, repair or reconstruct the driveway entrance within the time stipulated, the Council shall cause the same to be done in the manner herein provided and shall collect the costs thereof plus 10% additional, together with all charges and expenses from the owner or owners, and if payment is not made, shall file a municipal lien therefor against the owner or owners for collection thereof.
A. 
Any violation of any provision of this chapter may be deemed a public nuisance. Each day a violation occurs shall be deemed a separate violation.
B. 
Any person which has violated any provisions of this chapter shall, upon a judicial determination thereof, be subject to a fine for each such violation of not more than $1,000 and/or a civil judgment in such amount, plus costs of suit. All fines and/or civil judgments shall be paid to the Borough of Avis for its general use. In addition to the remedies contained in § 274-3E above, the Borough of Avis, its agents and/or law enforcement officials may institute injunctive, mandamus or any other appropriate action or proceeding in law or in equity for the enforcement of this chapter. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.