CROSS REFERENCES
Power to require construction and repair — See
3rd Class § 3001 (53 P.S. § 38001).
Work done by City — See 3rd Class § 3002
(53 P.S. § 38002).
Sidewalk obstructions — See GEN. OFF. 719.05
et seq.
[Ord. 98-1994 § 1, passed 12-28-1994]
On every street which now is or hereafter shall be laid out
and opened to the public use in the City, it shall be the duty of
the several owners of the lots or parcels of land abutting thereon,
and they are hereby enjoined and required, at their own expense, to
construct and maintain convenient sidewalks in front of and adjoining
their respective lots or parcels of land, and to pave the same and
keep in good faith and safe condition for the use of pedestrians.
On every lot or parcel of land upon which a residence or other improvement
is being constructed it shall be the concurrent duty of the contractor
in charge of such construction to so construct such sidewalks as hereinbefore
provided.
[Ord. 98-1994 § 1, passed 12-28-1994]
If the owners fail to construct such sidewalks, the City shall
lay out and construct the same or cause the same to be done and charge
the costs thereof against the property owners, together with such
interest and penalties as may be authorized by law.
[Ord. 98-1994 § 1, passed 12-28-1994]
Whenever, in the judgment of the City Engineer, it shall become
necessary to construct sidewalks or reconstruct or repair any sidewalk
abutting any of the streets of the City, the City Engineer shall give
notice in writing to the owners of any such lot or piece of ground,
or to their duly authorized agent in charge of the same, to construct,
reconstruct, or repair such sidewalk, and the time within which the
same shall be commenced and finished. The notice shall designate the
kind of material to be used in such construction, reconstruction and
repair as is required by ordinance of the City.
If the owner or agent resides in the City, the notice as herein
required shall be served on such owner or agent not less than 10 days
prior to the date fixed for the commencement of the work; if not a
resident of the City, then such notice shall be given by registered
letter to the owner or agent. The letter shall be deposited in the
City post office not less than 15 days prior to the time fixed for
the commencement of such work.
[Ord. 98-1994 § 1, passed 12-28-1994]
All new sidewalks laid and all old sidewalks relaid under the
provisions of this article shall be laid at the proper distance from
the property line or curb line as determined by the City Engineer
and when any part of the walk on one side of a City block has been
properly laid in accordance with the provisions of this article, no
person shall lay any part of the balance of the walk on such side
of such City block otherwise than in line with the walk first above
referred to, except as authorized by the written determinations of
the City Engineer.
[Ord. 98-1994 § 1, passed 12-28-1994]
Those proposed sidewalks fronting an unpaved street or street
not to the proper grade shall require a grade order from the City
Engineer at a fee of $1 per lineal foot of property frontage. The
City Engineer shall fix the proper grade, and give stakes for the
same, whenever any sidewalk or curb is to be constructed or reconstructed
on any unpaved street or street not to the proper grade. Such grade
shall be fixed before the time for the commencement of the work.
[Ord. 98-1994 § 1, passed 12-28-1994]
Permits are to be granted for a definite period, which is to
be as short as the circumstances of the case permit, but in no event
longer than 60 consecutive days. If, at the end of the period any
further use of the highway is required, another permit shall be obtained
in the same manner and under the same circumstances as to fees, periods,
etc., as in the case of an original permit.
[Ord. 98-1994 § 1, passed 12-28-1994]
(a)
Whenever any sidewalk shall be laid or relaid within the City the
grade or slope of such sidewalk from property line to curb or gutter,
shall not be greater than 1/4 inch per foot.
(b)
Any sidewalk which is laid or relaid in disregard of or in nonconformity
with such grade, is hereby declared to be a public nuisance, and shall
be abated by the City Engineer who shall cause the sidewalk to be
removed and relaid to the proper grade. The entire costs and expenses
of such removal and relaying, with a penalty of 10% of such cost and
expenses added thereto, shall be recoverable from the owner of the
property along which such sidewalk was removed and relaid, to be collected
in like manner as similar debts are now by law collectible.
[Ord. 98-1994 § 1, passed 12-28-1994]
All new sidewalks on all streets or parts of streets in the
City shall be constructed of Portland cement concrete, which shall
be made and laid in accordance with the latest standard formula for
work of that class and with a foundation of cinders, slag or such
other material as the character of the soil and drainage may render
necessary. All work shall conform to the specifications on file in
the office of the City Engineer.
[Ord. 98-1994 § 1, passed 12-28-1994]
All persons securing permits for the construction of cement
sidewalks and curbing are required to pay a fee of $20 per permit.
A separate permit shall be required for the laying of a curb and sidewalk
unless constructed simultaneously.
[Ord. 63-2004, passed 8-4-2004]
All curbs and sidewalks at intersections of streets or avenues
in the City which are being constructed, reconstructed or altered
for any reason shall provide curb cut ramps for the physically handicapped
in accordance with the Design Requirements and Specifications for
the Construction of Pedestrian Facilities at Intersections and any
Americans with Disabilities Act requirements on file with the City
Engineers, unless exempt therefrom by such standards. Any person constructing
a physically handicapped ramp within the City of Erie shall be responsible
for any additional costs and expenses to the City of Erie as a result
of a failure to comply with this section.
[Ord. 98-1994 § 1, passed 12-28-1994]
When any portion of any highway is used under any permit, a
sufficient number of red lanterns or lights, conspicuously placed,
shall be used from dark until sunrise every night, to render such
highway perfectly safe. All excavations shall be protected by a sufficient
guard rail or fence.
[Ord. 98-1994 § 1, passed 12-28-1994]
The slope of all sidewalks from curb to house line shall be
at the rate of 1/4 inch to the foot, except at street corners, where
a mitre of both street grades shall be made.
[Ord. 98-1994 § 1, passed 12-28-1994]
Every permit issued hereunder shall be conditioned on faithful
compliance with all of the provisions of this article. Any failure
to so comply with such provisions shall be cause for revocation of
such permit.
[Ord. 98-1994 § 1, passed 12-28-1994]
(a)
Any person violating any provision of this article shall, upon conviction
thereof, be fined not less than $300 nor more than $1,000 for each
and every offense, together with costs, and in default of payment
thereof, shall be imprisoned not more than 30 days. Each failure to
obtain a permit or to comply with any of the requirements of this
article, and each and every day during which such violation continues
shall constitute a separate offense.
(b)
The City Engineer reserves the right to deny the issuance of future
sidewalk and curb construction permits to any person who violates
the provisions of this article. This provision in no way shall prohibit
or limit the right of the City to bring legal action against the permittee.
