[Ord. No. 344, 11/12/2019[1]]
The owner or owners of any lot or lots in the Borough with sidewalks
in the public right-of-way shall maintain such sidewalks in a safe
and passable condition, free of tripping hazards and obstructions.
The said owner or owners shall repair any defects in such sidewalks
and remove any obstructions which make them unsafe or impassable to
pedestrians. In some cases, this will also include the curbs of said
properties.
[1]
Editor's Note: This ordinance also superseded former Part
2, Maintenance of Sidewalks and Curbs, adopted by Ord. 208, 7/8/1985,
as amended.
[Ord. No. 344, 11/12/2019]
1.
The obligation of maintenance shall include but not be limited to:
A.
Repair of holes, and repair of cracks having a width in excess of
1/2 inch at any one point along a length of one foot or greater.
B.
Maintenance of a constant grade.
(1)
Repair 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 1/2 inch in depth.
(2)
Repair shall be made when the curb is out of vertical alignment
with the adjacent curb or an adjacent section or slab of sidewalk
in excess of 3/4 inch.
(3)
Repair shall be made when the curb is out of horizontal alignment
with the adjacent curb in excess of 1/2 inch.
C.
Repair of any section of sidewalk that has spalling on 25% or more
of its surface. For purposes of this section, "spalling" is defined
as cracking, breaking, flaking, or otherwise chipping that results
on the surface of the sidewalk.
D.
The removal of leaves, tree limbs, grass clippings, debris, cinders,
gravel, grits, or any other refuse on such sidewalk or projecting
branches and other obstructions below six feet, eight inches above
the sidewalk. The property owner shall be responsible for the prompt
removal of any such items, whether such items were deposited by the
owner, his tenants, anyone acting under his direction, control, or
license or any third person. Such leaves, tree limbs, grass clippings,
debris, cinders, gravel, grits and other refuse shall be properly
bagged and disposed of upon being removed from such sidewalk. The
sweeping or other removal of such items onto Borough streets or state
highways is prohibited.
E.
Repair of any other instance which may create a pedestrian safety
hazard as determined by the Borough Engineer.
[Ord. No. 344, 11/12/2019]
Once each year, the Borough shall have an inspection of all
sidewalks and curbing in the Borough completed which identifies those
properties not in compliance with the requirements of this Part. The
report shall include a brief description of each noncompliance and
shall specify the required repairs. The Borough Secretary shall then
give the report to Council at the next regularly scheduled meeting
and send out notices to the property owners requiring said repairs.
[Ord. No. 344, 11/12/2019]
Every owner of property in the Borough shall, on 60 days' notice,
repair the sidewalk or curbing, or both, in the manner stipulated
in such notice, in front of or alongside such property. If the 60
days concludes after November 15, then said repairs 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.
[Ord. No. 344, 11/12/2019]
Any property owner, upon his own initiative and without notice
from any Borough authority, may repair a sidewalk or curbing along
his property, provided that such owner shall have obtained the permits
specified in this Part and shall do such repairs in accordance with
the requirements of this Part as well as the attached exhibits.[1]
[1]
Editor's Note: Said exhibits are included as an attachment to this chapter.
[Ord. No. 344, 11/12/2019]
1.
No monolithic construction, repairs or other maintenance is permitted
of sidewalks and curbs. All designs, construction, repairs or other
maintenance required shall be performed in accordance with the specifications
set forth in this Part as well as the attached exhibits, listed below.[1] In general, the PennDOT Construction Standards should
be followed for the documents from PennDOT Publication 408, latest
edition, and amendments, and the details shown in the exhibits as
part of this Part. Said exhibits include:
A.
Concrete walk.
B.
Concrete curb and walk.
C.
Concrete walk in driveways.
D.
Concrete curb cut in driveways.
E.
Concrete curb installation in existing pavement.
F.
Plain cement concrete curb.
G.
Expansion and control joints.
[1]
Editor’s Note: Said exhibits are included as an attachment to this chapter.
[Ord. No. 344, 11/12/2019]
A permit shall be obtained from the Borough before doing any
required repairs or maintenance. The applicant shall submit the application
and the information requested on the form of application to the Borough.
[Ord. No. 344, 11/12/2019]
Upon failure of any owner of property in the Borough to repair
any curb or sidewalk after notice has been given in accordance with
this Part, the Borough may cause the necessary repairs to be done
at the expense of said owner and may collect the cost thereof and
all additional charges, expenses and penalties as authorized, including
but not limited to filing a municipal lien against the property.
[Ord. No. 344, 11/12/2019]
Any person who violates any of the provisions of this Part shall,
upon conviction in a summary proceeding before a District Justice
of Snyder County, be punishable by a fine of not more than $300 and
costs of prosecution for each and every offense or, upon default in
payment of the fine and costs not caused by indigence or lack of sufficient
assets, by imprisonment in the Snyder County Prison for a period not
to exceed 30 days. Each day that such violation is continued shall
constitute a new and separate offense, punishable by like fine, penalty
or imprisonment.
[Ord. No. 344, 11/12/2019]
This Part shall be enforced by the Borough Secretary and the
Borough police.
[Ord. No. 344, 11/12/2019]
If any section, subsection, sentence, clause or phrase or portion
of this Part is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such shall be deemed a separate,
distinct, and independent provision, and such holding shall not affect
the validity of the remaining portion thereof.
[Ord. No. 344, 11/12/2019]
All ordinances and parts of ordinances inconsistent herewith
are hereby repealed to the extent of such inconsistency.
[Ord. No. 344, 11/12/2019]
This Part shall be effective five days after enactment.
