[Adopted over veto 3-20-1984 by Ord. No. 634[1]]
[1]
Editor's Note: Ordinance No. 635, which was also adopted
over veto on 3-20-1984 and provided for the construction of curbs
and sidewalks on the south side of Pittsburgh Street, would appear
to have served its purpose and has not been included in this chapter.
Every owner of real estate within the Borough of Cheswick shall,
upon 30 days' written notice from the Borough, construct or reconstruct
a sidewalk and/or curb, which shall conform to all applicable provisions
of this article, in front of and/or alongside such property.
Every owner of real estate within the Borough of Cheswick shall,
upon 30 days' written notice from the Borough, repair the sidewalk
and/or curb, in the manner stipulated in such notice, in conformance
with all applicable provisions of this article, in front of or alongside
such property.
Upon the neglect of any property owner to comply with any of
the requirements provided for in the preceding sections of this article,
the Borough shall, after notice, cause the sidewalk and/or curb to
be constructed, reconstructed or repaired at the cost of such owner
and shall collect the cost thereof, and 10% additional, together with
all charges, expenses, penalties and interest, from such owner and
shall file a municipal lien therefor or collect the same by action
in assumpsit.
All notices required by this article shall be served upon the
owner of the premises to which the notice refers, if such owner is
a resident of the Borough. If the owner is not a resident, then the
notice may be served upon the agent or tenant of the owner or upon
the occupant of such premises, if the owner has no agent or tenant
or there is no occupier of such premises. If the owner has no agent
or tenant or there is no occupier of such premises, then service shall
be by notice posted upon the premises.
All sidewalks and curbs shall be constructed, reconstructed
and repaired according to specifications prepared from time to time
by the Borough Engineer and approved by the Borough Council, copies
of which are attached hereto and incorporated herein, provided that
where the existing sidewalk is of a material other than concrete and
was originally constructed in conformity with a then-valid ordinance
of the Borough, and at least 2/3 of such sidewalk is in good repair,
such sidewalk may be repaired of the same material of which it was
originally constructed; provided, further, that sidewalks constructed
in developments by subdividers shall be further subject to the provisions
of the Borough Subdivision Regulations, if any.[1]
The width of sidewalks and curbs, the portion of the width of
such sidewalks that shall be paved and the portion thereof, if any,
that shall be left unpaved and the location of such paved and unpaved
portions shall be as specified in the most recent and valid ordinance
of the Borough establishing such widths and lines for the street or
alley along which a sidewalk is to be constructed, reconstructed or
repaired.[1] Such location and width shall be according to specifications
prepared from time to time by the Borough Engineer and approved by
the Borough Council.
[1]
Editor's Note: See Arts. I and II of this chapter.
All sidewalks and curbs shall be constructed, reconstructed and repaired, and the grading therefor shall be done upon the line and grade obtained by the property owner from the Borough or Borough Engineer and not otherwise. Upon notice, as provided in §§ 138-23 and 138-24 of this article, as the case may be, such work or construction, reconstruction or repair shall be done by the owner or owners of such property.
It shall be the duty and responsibility of the Council of the
Borough of Cheswick or its duly appointed representative to determine
whether or not the sidewalk and/or curb shall be reconstructed or
repaired and, if so, the specific part or parts thereof to be reconstructed
or repaired. The Council or its agent may, during the course of work
or constructing, reconstructing or repairing any sidewalk and/or curb,
visit the site of such work to ascertain whether such work is being
done according to requirements, and the Council or its agent shall
visit any such site for such purpose whenever requested by the property
owner. Within 48 hours after the completion of the work of the construction,
reconstruction or repair of any sidewalk and/or curb, it shall be
the duty of the owner of the property to notify the Council or its
agent of such fact, so that it or its agent may inspect such sidewalk
and/or curb to determine whether such work was done in conformity
with the requirements of this and all other applicable ordinances.
Any property owner may, upon his own initiative and without
notice from any Borough authority, construct, reconstruct or repair
a sidewalk and/or curb in front of or alongside his property, provided
that such owner shall first make application to the Council or its
agent and shall conform to the requirements of this and any other
applicable ordinance as to line and grade and as to the material to
be used, and that the property owner shall also notify the Council
or its agent within 48 hours after the completion of such work.
[Amended 4-21-1987 by Ord. No. 659; 5-17-1988 by Ord. No. 663-C]
Any person who shall violate a provision of this article or
shall fail to comply with any of the requirements thereof shall be
guilty of a violation of this article and, upon conviction thereof
before any District Justice, shall be sentenced to pay a fine of not
less than $50 nor more than $1,000, and costs of prosecution, per
violation or, in default of payment of such fine and costs, to be
imprisoned in the county jail for not more than 30 days.
