Every owner of property in the Borough of Bath
shall, on 30 days' notice from the Borough Council, construct or reconstruct
a sidewalk and/or curb, which shall conform to all applicable requirements
of this article and said notice, in front of or alongside of such
property.
Every owner of property in the Borough of Bath
shall, on 15 days' notice from the Borough Council, repair the sidewalk
and/or curb, in the manner stipulated in such notice, in front of
or alongside such property.
The notices referred to in §§
568-1 and
568-2 may be written or printed or partly written and partly printed.
All sidewalks and/or curbs shall be constructed,
reconstructed and repaired of concrete only, according to specifications
determined from time to time by the Borough Engineer. All sidewalks
shall be five feet wide.
All sidewalks and/or curbs shall be constructed, reconstructed and repaired and the grading therefor done upon the line and grade obtained by the property owner from the Borough Engineer, and not otherwise. Upon notice, as provided in §
568-1 or
568-2, as the case may be, such work of construction, reconstruction or repair shall be done by the owner or owners of such property.
It shall be the duty and responsibility of the
Borough Engineer to determine, in the case of any individual property,
whether or not the sidewalk and/or curb shall be reconstructed or
repaired, and, if so, the specific part or parts thereof to be reconstructed
or repaired. The Engineer may, at any time, during the course of work
of constructing, reconstructing or repairing any sidewalk and/or curb,
visit the site of such work to ascertain whether such work is being
done according to requirements; and he or one of his assistants shall
visit any such site for such purpose whenever requested by the property
owner. Within two days after the completion of the work of construction,
reconstruction or repair of any sidewalk and/or curb, it shall be
the duty of the owner of the property where such work was done to
notify the Borough Engineer of that fact, so that he may inspect such
sidewalk and/or curb to determine whether the grade thereof has been
observed and followed.
Any property owner, upon his own initiative, and without notice from any Borough authority, may construct, reconstruct or repair a sidewalk and/or curb in front of or along his property, provided that such owner shall first make application to the Borough Engineer and shall conform to the requirements of this article as to line and grade and as to material used, and that he shall also notify the Borough Engineer, as required by §
568-6, within two days after completion of the work.
On the neglect or refusal of the owner or owners
of the lot or lots, as aforesaid, to grade, pave, repave or repair
any sidewalk, or to set, place, construct or repair any curb at the
edge thereof, after notice so to do, as aforesaid, the Borough, through
its proper officials, shall cause the same to be done, and shall collect
from such owner or owners of the lot or lots the cost thereof and
10% additional, together with all charges and expenses, and shall
file a municipal lien therefor against such lot or lots.
[Amended 9-11-1989 by Ord. No. 421; 11-5-2018 by Ord. No. 2018-678]
Sidewalks and curbs not laid in conformity with
the provisions of this article and the established grade of the street
on which they are constructed, are hereby declared to be nuisances,
and must be taken up and relaid, according to the provisions of this
article, within 30 days after notice to the owner or owners so to
do by the Borough; and upon failure of said owner or owners thereof
to re-grade, recurb and repave said sidewalk and/or curb, within the
time stipulated, they shall be liable to a fine of not less than $25,
and not more than $600, to be collected for the use of said Borough,
as fines of like amount are now by law recoverable; the same to be
paid into the Borough treasury; and said Borough shall cause said
sidewalk and/or curb to be regraded, recurbed, and repaved in the
manner herein and hereby required, and the said Borough shall collect
the cost thereof, together with all charges and expenses, from the
owner or owners of the lot or lots as aforesaid, according to law
and this article. In addition, court costs and reasonable attorney
fees incurred by the Borough in enforcement proceedings shall be assessed
against violator and awarded to the Borough.
No sidewalk and/or curb heretofore laid with
material or materials not hereinbefore prescribed shall be permitted
to be repaired, but whenever any such sidewalk and/or curb becomes,
in the opinion of the council of said Borough in bad condition, notice
shall be served upon the owner or owners of the lot or lots fronting
thereon to repave the sidewalk or re-set the curb with the material,
as herein provided, and upon his, her or their failure so to do, after
30 days' notice, said Borough shall cause the same to be done and
the cost thereof, with penalty and expenses, shall be collected by
the said Borough from the owner or owners, as aforesaid.