[Adopted as Ch. XX, Part 2A, of the 1979 Code of Ordinances; amended in its entirety 4-8-1996 by Ord. No. 1996-01]
Every owner of land abutting any public street or alley in the Borough of Mount Holly Springs shall maintain the sidewalks and curbs that abut such land in good and safe condition, free of holes, depressions, cracks or unsafe conditions.
It shall be the duty of the Code Enforcement Officer to notify in writing any owner who neglects to maintain such sidewalks and/or curbs in good and safe condition, free of holes, depressions, cracks or unsafe conditions, to repair, reconstruct or replace same. As used in this article, "reconstruct" shall mean the complete replacement of sidewalk and/or curb to either existing or new line and grade as directed by the Code Enforcement Officer after consultation with the Borough Engineer, where applicable.
All repairing, reconstructing and replacing of sidewalks and/or curbs shall be in accordance with the provisions of this article and with specifications and criteria approved by resolution of Borough Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
All sidewalks and curbs, hereinafter constructed shall be upon lines and grades for the proper location thereof which shall be determined by the Code Enforcement Officer after consultation with the Borough Engineer, where applicable, and in accordance with the provisions of this article and with specifications and criteria approved by resolution of Borough Council, and with the PennDot 408 Form as a guided reference material.
Where land abutting any public street or alley in the Borough has no sidewalk and/or curb constructed along the boundary thereof formed by such public street or alley, and the Borough Council shall deem a sidewalk and/or curb at the location to be necessary for the safety and convenience of the public, the owner of such land shall construct such sidewalk and/or curb after written notice to do so from the Code Enforcement Officer and after having received a permit from the Code Enforcement Officer. Said construction shall conform to the provisions of this article and with specifications and criteria approved by resolution of Borough Council.
A. 
No person, partnership, corporation or entity shall commence the construction, reconstruction, repair or replacement or any sidewalk or curb in the Borough of Mount Holly Springs without first making application for and obtaining a permit therefor from the Code Enforcement Officer. In the case of new construction, a plot plan showing the location of the proposed work in relation to existing buildings, curbs and sidewalks should be submitted with the application. The issuance of any permit notwithstanding, no work shall commence with respect to new construction or reconstruction without first having secured a line and grade from the Code Enforcement Officer after consultation with the Borough Engineer, where applicable.
B. 
Permit fees shall be established from time to time by resolution of Borough Council.
C. 
Unless otherwise specified in this article, all permits issued hereunder shall be null and void unless work is commenced and completed within two calendar months from the date of issuance of said permit. Except in the case where an owner has been notified and directed to construct, reconstruct, repair or replace a sidewalk, the Code Enforcement Officer, for cause shown and after written application therefor, may grant one or more thirty-day extensions of time to complete the work without the necessity of making application for and receiving issuance of a new permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Where an owner has been notified and directed, pursuant to § 446-10, to repair or replace sidewalk and/or curb, such repairs or replacement shall be completed within not less than 30 days of the date of service of such notice. Where an owner has been notified and directed, pursuant to § 446-10 or 446-13, to reconstruct or construct a sidewalk and/or curb, such reconstruction or construction shall be completed within two calendar months from the date of service of such notice.
Upon neglect of any property owner to comply with any requirements of this article, the Borough may, after notice, cause the grading, paving, repairing, construction, reconstruction or replacing of sidewalk and/or curb, at the cost of such owner, and may collect the cost thereof and 10% additional, together with all charges and expenses from such owner, and may file a municipal claim therefor or collect the same by action in assumpsit.
A. 
The Borough shall have the power to make emergency repairs to any sidewalk, where, in the opinion of the Code Enforcement Officer, a dangerous condition exists that can be repaired by an expenditure of not more than $1,000. Before any such repairs are made, a notice to make the repairs within 48 hours shall be served upon the owner of the property. If the owner cannot be served within the county, notice may be served upon the agent of the owner or the party in possession, or if there is no such agent or party in possession, the notice may be served by posting the same upon such premises.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
The certificate of the Code Enforcement Officer shall be conclusive evidence of the existence of the emergency justifying the repair under this section. Upon completion of the work, the costs thereof shall be a charge against the owner of the property, and shall be a lien, until paid, upon the abutting property, provided a claim is filed therefor in accordance with the law providing for the filing and collection of municipal claims. Any such charge may also be collected by action of assumpsit.
If any sidewalk and/or curb shall be constructed, reconstructed, repaired or replaced without conforming to the requirements of this article and applicable specifications and criteria, the Code Enforcement Officer may require the owner of the premises and any other person responsible for such construction to remove the faulty curb, paving or sidewalk and replace it with conforming construction, and on failure of such person to do so within such time as the Code Enforcement Officer shall fix, the Borough may proceed to do so and collect the cost thereof by entry of lien or otherwise.
[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 less than $100 and 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 Cumberland County.
Unless otherwise specifically provided for herein, all notices required to be given in 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 of Mount Holly Springs. If the owner or owners have no tenant, or there is no occupier of said premises, then service shall be by printed or written notice posted upon the premises.