[Ord. 4, 8/14/1972, § 1; as amended by Ord. No.
7-2016, 10/10/2016; and by Ord. No. 3-2017, 8/14/2017]
1. Every owner of property in the Borough of Hughesville shall, within
60 days of written notice from the Borough of Hughesville, construct
or reconstruct a sidewalk and/or or curb, which shall conform to all
applicable requirements of this Subpart. Sidewalks are to be continuous
from property line to property line in front of or alongside such
property. If the 60 days following the written notice concludes after
November 15, then said required work shall be made on or before April
30 of the following year of said notice. However, where a condition
exists of an emergency nature, such repairs shall be made within 96
hours of said notice. Property owners with sidewalks previously removed
but not replaced will have one year from the adoption of this Subpart
to construct new sidewalks.
2. Borough Council shall have discretion to not require sidewalks and/or
curbs at/on properties based upon the following criteria:
A. Sidewalks and/or curbs were not installed on the property at the
time the property was developed;
B. Adjoining properties do not have sidewalks and/or curbs;
C. Stormwater considerations;
D. Vehicle traffic on streets; and
E. Any other circumstances impacting health, welfare or safety.
[Ord. No. 7-2016, 10/10/2016]
Sidewalks are to be constructed and repaired to maintain a constant
grade. Repairs shall be made when one or more sections of the sidewalk
rise above or drop below the grade of the edges of immediately adjacent
sections resulting in an irregular surface with depression greater
than one inch in depth. Properties with three or more sections of
sidewalk that has spalling on 25% or more of its surface, thereby
creating an uneven surface, must be replaced. Properties with sidewalks
that have four or more sections with three or more cracks must have
the blocks replaced.
[Ord. 4, 8/14/1972, § 3; as amended by Ord. 7-1979,
12/10/1979; and by Ord. No. 7-2016, 10/10/2016]
All sidewalks, driveway ramps and curbs shall be constructed,
reconstructed and repaired with concrete according to specifications
approved by resolution of the Borough Council, which may be modified
from time to time by the Borough Council by resolution.
[Ord. No. 7-2016, 10/10/2016]
No person shall have any sidewalk work commenced in the Borough
of Hughesville without first having obtained a permit therefor from
the Borough, and paying a permit fee of $5, which shall be for the
use of the Borough.
[Ord. No. 7-2016, 10/10/2016]
Every permit issued for work on a sidewalk shall state the location
and the length and width of sidewalk to be constructed, replaced or
repaired, shall state the time for which such permit shall be valid,
and shall require that the permit holder notify the Borough within
24 hours of completing the work.
[Ord. 4, 8/14/1972, § 5; as amended by Ord. No.
7-2016, 10/10/2016]
All sidewalks and curbs shall be constructed, reconstructed
and repaired and the grading thereof shall be done upon and according
to the line and grade therefor obtained by the property owner from
the Borough Code Enforcement Officer or designated Borough employee,
and not otherwise.
[Ord. 4, 8/14/1972, § 6; as amended by Ord. No.
7-2016, 10/10/2016]
It shall be the duty and responsibility of the Borough Code
Enforcement Officer or designated Borough employee to determine, in
the case of any individual property, whether or not the sidewalk or
curb shall be reconstructed or repaired, and, if so, the specific
part or parts thereof to be reconstructed or repaired. The Borough
Code Enforcement Officer or designated Borough employee may, at any
time during the course of work of constructing, reconstructing or
repairing any sidewalk or curb, visit the site of such work to ascertain
whether such work is being done according to applicable requirements
and specifications. The Borough Code Enforcement Officer or one of
his assistants shall visit any such site for such purpose at any reasonable
time when requested by the property owner. Within 24 hours after the
completion of any sidewalk work, the property owner shall notify the
Borough Code Enforcement Officer or designated Borough employee of
the completion of the work so that the Borough representative may
inspect the work for conformance with all sections of this chapter.
[Ord. 4, 8/14/1972, § 7; as amended by Ord. No.
7-2016, 10/10/2016]
Any property owner, upon his own initiative, and without a notice
from any Borough authority, may construct or reconstruct a sidewalk
and/or curb in front of or along his property, provided that such
owner shall first make application to the Borough Code Enforcement
Officer or designated Borough employee for the proper line and grade,
shall receive a permit for the work from the Borough Code Enforcement
Officer or designated Borough employee, shall conform to all requirements
of this Subpart as to line and grade, and as to material used, and
shall also notify the Borough Code Enforcement Officer or designated
Borough employee after completion of the work.
[Ord. 4, 8/14/1972, § 8; as amended by Ord. No.
7-2016, 10/10/2016]
Upon the neglect of any property owner to comply with any of
the provisions of this Subpart, the Borough may, after 10 days'
notice, cause the sidewalk and/or curb to be constructed, reconstructed
or repaired, as the case may be, at the expense of such owner, and
may collect the costs thereof, and 10% additional, together with all
charges and expenses from such property owner, and may file a municipal
claim therefor or collect the same by action in assumpsit. Provided:
this section shall apply to the construction, reconstruction or repair
of any sidewalk or curb, as specified in the notice given under the
provisions of this Subpart, or the completion or rectification of
any work commenced or done by a property owner, under notice or permit
provided by this Subpart so as to bring such work into full compliance
with all applicable provisions of this Subpart.
[Ord. 7-1979, 12/10/1979; as amended by Ord. No. 7-2016,
10/10/2016]
Any person or business, partnership, corporation or association
violating the provisions of §§ 31 through 39 of this
chapter, for each and every such violation, upon conviction thereof,
shall be sentenced to pay a fine of at least $100 but no more than
$1,000 and costs of prosecution, and in default of payment of such
fine and costs to undergo imprisonment for not more than 10 days.
Each and every day of violation shall be considered a separate violation
of this Subpart.
[Ord. 6, 8/14/1972, § 1; as amended by Ord. No.
3-2013, 1/14/2013; and by Ord. No. 5-2013, 3/11/2013]
1. The owner, occupant or tenant of any real estate fronting upon or
alongside of any of the streets of the Borough of Hughesville is hereby
required to remove, or cause to be removed, from the entire width
of any sidewalks in front of or alongside of said real estate all
snow, ice or sleet thereon fallen or formed within 24 hours after
the same shall have ceased to fail or to form.
2. No snow, ice or sleet which is removed from any said sidewalk or
from any location on any private property shall be deposited upon
the property of another without the prior authorization by the owner
of the property that the snow, ice or sleet will be deposited on.
Property of another shall include any property within the Borough
of Hughesville belonging to the Borough, private citizens or any other
entity (business, school, church, etc.) that does not belong to the
individual removing the snow, ice or sleet.
[Ord. 6, 8/14/1972, § 2]
The owner of such real estate shall be responsible for conforming
to the requirements of this Subpart where such real estate is occupied
by such owner or is unoccupied; the tenant or occupier thereof where
such real estate is occupied by such tenant or occupier only; and
the owner thereof where the real estate is a multiple-business or
multiple-dwelling property, occupied by more than one tenant or occupier.
[Ord. 6, 8/14/1972, § 3]
In any case where the owner, occupant or tenant, as aforesaid,
shall fail, neglect or refuse to comply with any of the provisions
of this Subpart within the time limit prescribed in § 51,
the Borough may proceed immediately to clear all snow and/or ice from
the sidewalk of such delinquent, and to collect the expenses of such
removal, with an additional amount of 10% from such owner, occupant
or tenant, as the case may be which may be in addition to any fine
or penalty imposed under § 54 of this Subpart.
[Ord. 6, 8/14/1972, § 4; as amended by Ord. No.
5-2013, 3/11/2013]
Any owner, occupant or tenant who shall violate any provision of this Subpart B, Snow and Ice Removal, of Chapter
19, shall, upon conviction thereof, be sentenced to pay a fine of $25 for the first offense, $50 for the second offense, and a fine of not less than $50 nor more than $100 for each offense thereafter, together with costs of prosecution, and, in default of payment thereof, to imprisonment for not more than five days. Provided: such fine and costs of prosecution may be in addition to any expenses and additional amounts authorized by law, imposed as provided § 53 of this Subpart. Each day of an offense shall be considered a separate offense subject to a separate fine.