[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.