[HISTORY: Adopted by the Borough Council of the Borough of
Mount Jewett as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-9-1987 by Ord.
No. 184]
As used in this article, the following terms shall have the
meanings indicated:
Includes any natural person, partnership, association, firm,
corporation or authority.
Includes any public street, road, or alley in the Borough
of Mt. Jewett, from inside sidewalk line to inside sidewalk line,
but shall not include any state highway or continuation thereof, for
so long as permits for openings in such state highways shall remain
under the jurisdiction and control of the State Department of Transportation.
It shall be unlawful for any person to make any openings or
excavation in or under any street in the Borough of Mt. Jewett without
first having obtained a permit therefor from the Borough Council for
each separate undertaking, such permit and application therefor to
be in the form prepared by the Borough, and containing a statement
that the applicant agrees to the terms of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The application for the permit and every such permit shall state
the location and extent of the proposed opening, and the purpose thereof,
and the permit shall state the days and times when such street may
remain open pursuant to such permit. A permit fee of $50 will be charged
for each opening to help defray administrative and inspection costs
for each such project for individuals; however, any authority or utility
may exercise the right to post a standing bond in the amount of $2,500,
which shall be deemed to cover the possible costs of repair for any
project undertaken by such authority or utility within the Borough.
It shall be a violation of this article for the holder of any such
permit to make any opening or excavation otherwise than as provided
in the permit as to location, extent, purpose and time, provided in
case of emergence of breaks or leaks, repairs may be made without
permit, on condition that the permit is obtained the next working
day.
It shall be the duty and responsibility of the holder of every
permit under this article to provide and maintain proper and adequate
guards, barriers, warning lights and warning signs to prevent accidents,
and such permit holder shall assume all risks and be liable for all
damages by reason of the opening or excavation and by reason of any
failure to refill the opening; and to prepare the same for resurfacing.
A.
It shall be the duty of every holder of a permit under this article
to refill the opening or excavation thoroughly and completely with
either No. 2RC aggregate or retained suitable material (such retained
suitable material shall not include broken blacktop, brick, cement,
rubber, muck, or dirt). Tamping and compaction shall be done throughout
its full width in layers not to exceed four inches, and tamping shall
be done with a machine tamper (motor-driven) and not hand tamped.
Temporary restoration shall be made and kept in place for a minimum
of 90 days and shall be checked every 10 days. If settling should
occur between the ten-day period, the holder of the permit must refill
at the request of the Borough Manager.
B.
The Borough will require the permittee to resurface the portion of
the street disturbed by such openings with a permanent base course
and a permanent binder and surface course (ID-2A blacktop) within
a 180-day period of the initial opening.
C.
Repairing of sidewalks, seeded and replanting of grass, shrubs, trees,
etc., will be the duty of the permit holder.
If any work of opening, excavating, refilling and preparing
for grass, shrubs, trees, etc., shall not be done promptly, or shall
be unskillfully or improperly or incompletely done, the Borough shall
have the authority to cause the same to be done in the manner deemed
proper, and the expense thereof, including any overhead expense, shall
be charged to the permit holder.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of McKean County.
All ordinances or parts of ordinances inconsistent herewith
be, and the same are, repealed.
[Adopted 3-29-2004 by Ord. No. 218]
The Borough Council of the Borough of Mount Jewett finds that
the accumulation of ice and snow on sidewalks, the placement of obstructions
upon sidewalks, and conditions of disrepair of sidewalks are all contrary
to the health and welfare of the citizens of Mount Jewett and others
who use sidewalks within the Borough of Mount Jewett for customary
and ordinary purposes, by creating conditions that lead to injuries
from falls and other accidents and by forcing pedestrians to travel
upon roadways that are also used by motor vehicles. The Borough Council
further finds that the health and safety of citizens of the Borough
and others who use the sidewalks located within the Borough will be
served by requiring that sidewalks be kept in good repair and that
sidewalks be kept free of ice and snow.
As used in this article, the following words shall have the
meanings set forth below:
The Borough of Mount Jewett, McKean County, Pennsylvania.
Any owner, tenant, occupant, lessee or other person who has
legal control of, whether solely or jointly with others, upon which
or adjacent to which sidewalks are now constructed or are hereafter
constructed. The term "owner" shall include any natural person, partnership,
association, firm or corporation.
Any natural person, partnership, association, firm or corporation.
That portion of a street between the curblines or the lateral
lines of a cartway, and the adjacent property lines, intended for
the use of pedestrians.
Any public street of the Borough of Mount Jewett or any state
highway located within the Borough of Mount Jewett.
A.
The Borough is committed to constructing new sidewalks as grant money
and other funds become available, but reserves the right to use grant
money for other worthwhile projects.
B.
Upon the construction of sidewalks within the Borough, it will be
the responsibility of the owners of property adjacent to or upon which
sidewalks are constructed to maintain such sidewalks at their own
expense.
All owners, as that term is defined herein, shall maintain the
sidewalk or sidewalks constructed upon or adjacent to owners' property
in good repair so that sidewalks are safe for the usual and customary
pedestrian use thereof. All owners shall, upon 60 days' written notice
from the Borough (acting through the Borough Council, any Borough
Code Enforcement Officer, or any Borough police officer), upgrade
or repair the sidewalk or sidewalks in order to make the sidewalk
or sidewalks safe for ordinary uses and in the manner directed in
such notice from the Borough. Upon the failure or neglect of any owner
to comply with said notice to upgrade or repair a sidewalk, the Borough
may cause the necessary work to be done, and the Borough shall be
entitled to recover from the owner the costs of such repair or upgrade,
together with an additional 10% thereof, together with such other
costs and penalties provided in this article or otherwise by law.
No person shall place any object or objects on any sidewalk
within the Borough in a manner that interferes with movement of pedestrian
traffic or snow removal, except if written permission is provided
by the Borough.
A.
All sidewalks
shall have such width, grade and location as may be established by
the Borough. All sidewalks shall be constructed of concrete and shall
have a minimum thickness of four inches, with a minimum width of four
feet. In the case of driveway approach areas, the minimum thickness
shall be six inches, with a wire mesh. All sidewalks shall be so laid
as to have a true pitch from the side of the sidewalk furthest from
the street and running toward the center of the street of one-fourth
inch for each linear foot in width of sidewalk. Sidewalks must be
jointed with false cracks every five feet. Additionally, approved
expansion joints must be placed not farther apart than 20 feet, and
expansion joints must be placed where sidewalks meet existing curbs,
driveways, sidewalks, and steps leading to buildings. At all street
intersections, sidewalks shall be constructed to, and at grade with,
the curbline.
B.
No person
shall construct or replace a sidewalk without first obtaining a permit
from the Borough. Any person planning to construct, replace or upgrade
a sidewalk within the Borough shall first make application for a permit
by completing an application form provided by the Borough Secretary
and submitting such application, together with any permit fee therefor,
and obtaining a permit. The sidewalk shall thereafter be constructed
in compliance with the terms of this article and any other terms imposed
by the permit. Failure or neglect to do so shall be a violation of
this article.
A.
All owners shall be responsible for keeping sidewalks clear of snow,
ice, leaves and debris in a manner that will permit the safe use of
sidewalk areas by the public. It shall be a violation of this article
for any owner to permit the accumulation of ice or snow which becomes
irregular on its surface to the extent that ridges or hills exist
which would foreseeably result in injury to any person using the sidewalk
with reasonable care. All owners shall clean all snow and ice from
sidewalks no later than 24 hours after snowfall or ice accumulation.
B.
In the event snow or ice on the sidewalk has become so hard that
it cannot be removed without likelihood of damage to the sidewalk,
the owner shall cause enough sand or other abrasive material to be
put on the sidewalk to make travel reasonably safe and shall, as soon
thereafter as weather permits, cause said snow and ice to be removed
to the extent that a clear path of at least 30 inches in width is
created.
C.
No person shall deposit or cause to be deposited any snow or ice
on or immediately next to fire hydrants or on any sidewalk, roadway,
or loading or unloading area of a public transportation system, except
that snow and ice may be mounded on the curbs for the clearing of
sidewalks in the business district.
D.
Upon violation of this article, the Borough shall provide notice
of the first such violation to the owner; said notice to be provided
by certified mail, return receipt requested, or by personal service
made by the Borough Code Enforcement Officer or any Borough police
officer. In the event the owner cannot be located for purposes of
providing notice by certified mail or personal service, then notice
may be provided by posting notice of violation at a conspicuous location
on the property. Any second and subsequent violations shall be prosecuted
as provided hereunder.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this article,
the Borough may enforce this chapter in equity in the Court of Common
Pleas of McKean County.
The Borough hereby delegates authority to any duly appointed
Code Enforcement Officer and to any police officer of the Borough
to take all action necessary to enforce this article.
Any ordinance or part of ordinance conflicting with the provisions
of this article are hereby repealed.
This article shall become effective 10 days after it is ordained
and enacted.
