As used in this Part, the following terms shall
have the meanings indicated:
CURB
The raised edge serving as a border between the sidewalk
and the part of the highway or roadway that is adapted to the use
primarily of or is ordinarily and primarily used by motor vehicles.
OCCUPANT
1.
A person who is in physical possession of a
property; or
2.
A person who has responsibility for or the right
of the control over the condition of a property, the activities conducted
on the property, or the persons allowed to enter the property.
OWNER
1.
In the case of land, any person who holds a
legal or beneficial interest in the land. The records of the Allegheny
County Recorder of Deed and the Allegheny County Office of Tax Assessment
shall be prima facie proof of the identity of the owner.
2.
In the case of property other than land, any
person who is in lawful possession thereof.
PERSON
Any individual, corporation, society, association, partnership,
firm or other entity and any and all successors, heirs, executors,
administrators or other legal representatives of a person.
SIDEWALK
That part of a highway or roadway especially adapted to the
use of or ordinarily used by pedestrians and includes that part of
the highway between the curb (or, where there is no curb, the edge
of the part of the highway or roadway that is adapted to the use primarily
of or is ordinarily and primarily used by motor vehicles) and the
adjacent property line, whether or not paved or improved.
Every person who is an occupant or owner of
a residence, house, shop, building, lot, parcel of land or other property
that adjoins or is abutting to or on a sidewalk and/or curb in the
Borough of Homestead is hereby charged with the responsibility to
keep, at all times, such sidewalk and/or curb in good and safe condition
and repair, free from defects and debris.
In addition to any penalty set forth in §
21-113 of this Part
1:
1. Failure of any person who is an occupant or owner to maintain a sidewalk or curb in the manner required by §
21-102 of this Part may result in the Borough of Homestead undertaking or contracting for all remedies and repairs necessary to place said sidewalk or curb in good condition and repair, free from defects and debris, and the costs of such remedies and repairs shall thereupon be assessed against the property and the property owner to the fullest extent provided for by law in such cases.
2. Persons who are owners and/or occupants of a residence, house, shop, building, lot, parcel of land or other property that adjoins or is abutting to or on a sidewalk and/or curb shall be liable for any and all claims made by any person due to bodily injury or property damage proximately caused by failure of an occupant or owner to maintain said sidewalk and/or curb in accordance with the requirements of §
21-102 of this Part. The Borough of Homestead shall not be liable for any such claims and shall be indemnified in full by said owners and/or occupants in the event the Borough of Homestead pays all or any part of any such claim.
Every sidewalk and/or curb shall be constructed,
reconstructed or repaired in accordance with specifications adopted
by the Borough Council. All new sidewalks and curbs constructed by
an owner or occupant shall be constructed in accordance with the line
and grade established by the Borough Engineer. All existing sidewalks
and curbs reconstructed or repaired shall be reconstructed or repaired
in accordance with the existing line and grade, unless such line or
grade is changed by the Borough Engineer. It shall be the duty of
the owner in all instances to make inquiry of the Borough Engineer
respecting such line and grade and for ensuring compliance with the
Borough Engineer's line and grade requirements.