[Adopted 11-16-1995 by Ord. No. 95-18 as Ch. 208, Art. I, of the 1995 Code]
A. 
No portions of land dedicated to the public for streets, courts or alleys within the City shall be considered public streets, courts or alleys of the City before they are opened and properly graded and until affirmative acceptance by the City of the land so dedicated by appropriate ordinance hereafter enacted.
B. 
No plan or plot of lots within the City, not duly recorded in the office of the Recorder of Deeds of Luzerne County, shall be accepted by the City, nor shall any of the streets, courts or alleys thereon be accepted or opened, nor any existing streets extend upon such plan or plot, unless the plan, and the streets, courts or alleys thereon, shall conform to the following:
(1) 
The main streets shall be of a minimum width of 50 feet, of which 34 feet in the center shall constitute the driveway and eight feet on either side thereof shall constitute the sidewalk.
(2) 
If any main street shall be 60 feet in width, then 40 feet in the center shall constitute the driveway and 10 feet on either side thereof shall constitute the sidewalk.
(3) 
All streets other than main streets shall have a minimum width of 50 feet, of which 34 feet in the center shall constitute the driveway and eight feet on either side thereof shall constitute the sidewalk.
(4) 
All courts or alleys shall be of a minimum width of 28 feet, of which 20 feet in the center shall constitute the driveway and four feet on either side thereof shall constitute the sidewalk.
(5) 
The squares thereon shall be plotted to a length not less than 500 feet along such main street.
C. 
For the purposes of this section, a "main street" is defined to be a street in a plan upon which the lots shall abut in their most narrow dimension, and a court or alley shall be such intended thoroughfare as does not exceed 28 feet in width.
A. 
The City Engineer is authorized and directed to notify all gas and water companies or electric light, telephone, trolley or other companies maintaining water mains or poles or occupying or authorized to occupy any specific street in the City, which said street is to be paved, by ordinance properly introduced and enacted by the Council, to lay all pipes, mains, connections and branches to the inner curbstone necessary to convey gas and water to lots and properties abutting on such streets to be paved; to locate, remove or replace all poles for the service of telephone, electric light, trolley or other use to points designated by the Director of Public Works within a period of 30 days from the time of service of such notice; and directing all such gas and water companies maintaining pipes or mains on such streets to be paved to renew and repair all defective pipes or mains within 30 days.
B. 
It shall be the duty of every gas and water company authorized to occupy or now occupying any street selected for paving by the City Council to lay all gas and water pipes, together with the necessary connection and branches required to supply any abutting lot along the street, between the points where such paving is to be constructed.
C. 
If any company now occupying or authorized to occupy any street in the City so selected for such improvement by paving shall not lay such main and house connections as may be required of it, or shall not renew or repair the existing pipes or house connections within the time specified in such notice, the City shall, in default of compliance with such notice, lay, renew and repair all such pipes and pipe connections and shall collect the cost from the company, corporation or person in default according to law.
D. 
If telephone, electric light, trolley or other company shall fail or refuse to place, locate, replace or relocate any pole or poles, the City shall, in default of compliance with such notice, locate, replace, move or relocate such pole or poles and charge and collect from the company, corporation or person at default the cost of such relocation, removal or replacing of such pole or poles.
It shall be the duty of the Director of Public Works to place or cause to placed in some conspicuous position on each corner, according to the direction and subject to the discretion of the Mayor as to the particular corner, the name of each of the streets in such a way as to indicate or to designate them.
A. 
Any person desiring to secure a permit granting the right or privilege to occupy or use any portion of the streets, highways or pavements of the City or to erect, construct or maintain any structure upon any sidewalk or extending from buildings over any sidewalk shall make application to the City, in writing. Such application shall be made on a form provided by the City and shall be filed with the City Clerk. Such application shall contain the following information, together with other information which the City shall require from time to time:
Name of Applicant ________________________________
(Person, Persons or Corporation)
Address _______________________________________
Registered Owner of Premises _______________________
Address __________________________
Nature of Use and Occupation of Premises ________________________
Nature of Encroachment ______________________________
Nature of Indemnity, Corporate Surety or Public Liability Insurance ______________________________
Joinder by property owner in application, if application is made by a tenant.
B. 
A copy of each application filed pursuant to Subsection A of this section shall be referred immediately to the Hazleton Planning Commission.
C. 
Application fee.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1) 
All applications under this section shall be accompanied by an application fee according to the amount set forth in the fee schedule adopted by resolution of the City Council.
(2) 
A certain portion of each application fee paid, in the amount specified in the fee schedule adopted by resolution of the City Council, will be forwarded to the Hazleton Planning Commission; the remaining portion of each application fee will be retained by the City of Hazleton. In no case shall any portion of the fee be refunded to the applicant, the payment constituting reasonable costs incurred by the City and the Planning Commission in filing and investigating the application.
D. 
This section shall not apply to the temporary use of any public sidewalk for charitable bazaars, sidewalk sales or any other temporary public use which conforms to fire and safety codes.
E. 
A violation of this section shall be unlawful, and the penalty for such violation shall be in accordance with Chapter 1, Article II, Violations and Penalties, of this Code. Each day that any violation of this section continues shall constitute a separate offense, in accordance with Chapter 1, Article II, of this Code.
The application filed pursuant to § 440-5 shall be accompanied by a corporate bond of indemnity, with the applicant as a party principal, or such application shall be accompanied by a policy of public liability insurance with the City included as an additional party insured. Such corporate bond or policy of public liability insurance shall be in such form and substance as shall indemnify, save harmless and protect the City from all future liability from damages arising from or incident to such occupation, erection or maintenance or any combination thereof of the structure, projection or article or property constituting the encroachment, it being understood that such obligation shall be a continuing one, and that no time limitations of liability or restriction as to the institution of suit shall be contained in such obligation other than as provided by the laws of the commonwealth in such case made and provided. It shall be further understood that such corporate bond or policy of public liability insurance shall in no instance be canceled, voided or terminated by the applicant or by the corporate surety or insurance corporation providing the policy unless there shall be notice in writing given to the City, served upon the City Clerk, not less than 30 days prior to termination.
A. 
It shall be unlawful for any person to dig or cause to be dug any vault or aperture in or under the sidewalks of any street, alley, lane or way of the City for the purpose of constructing coal holes or receptacles for any other articles or for light or air for an entrance or for any other purpose without a permit from the City Engineer, who is hereby authorized to judge and determine on the security thereof.
B. 
Such vault and aperture shall in no case extend beyond the line of the curb, and no person shall leave such coal hole or other aperture open or unfastened after sunset nor in the daytime except while actually in use with a person having the same in charge.
C. 
All cellar doors extending upon the sidewalks shall be securely covered or protected with good and sufficient iron doors and iron or stone frame, such doors and frames to shut even with the sidewalk and to be at all times properly guarded. All cellar doors shall be kept closed at all times except when in use and at such times to be guarded by some competent person.
A. 
No person shall stand or place or cause to be placed or stood on or over any part of the sidewalks, pavements or gutters of this City any casks, barrels, boxes, wares, goods or merchandise, whether for sale or otherwise.
B. 
Notwithstanding the provisions of Subsection A, it shall be lawful for the occupant of any property in the City to place temporarily upon the sidewalk in front of such premises goods, boxes, barrels or casks for the purpose of opening, loading or unloading the same; provided, however, that the sidewalks shall not be used for such purposes at one time for more than two consecutive hours, and provided, further, that an unobstructed passageway of not less than eight feet wide on Broad Street and not less than four feet wide on any other street shall be at all times kept open. If, for any time whatever, goods or other material shall be left standing in such passageway, the person so offending shall be guilty of a misdemeanor and shall be responsible for such damages as any person may sustain by the refusal or neglect to comply with the conditions of this subsection.
A. 
It shall be unlawful for any person owning or occupying any lot adjoining or fronting upon any of the streets in this City to suffer snow, ice or sleet to be and remain upon the sidewalks and gutters adjoining such lot for a longer period than 24 hours after it shall have ceased snowing or sleeting, if it is in the daytime, or after 9:00 a.m. on the next day. If the same cannot be wholly removed, such person shall sprinkle thereon sand or other substance so that such sidewalk shall be safe for travel. If any person owning or occupying such lot as aforesaid shall neglect or refuse to remove such snow, ice or sleet from the sidewalk or gutter adjoining his lot, within the time and in the manner specified in this section, such pavement, sidewalk and gutter shall be declared a nuisance. Every person so offending shall be guilty of a summary offense and subject to prosecution therefor. In addition, it shall be lawful for and become the duty of the Code Enforcement Officer to cause the snow and ice to be removed forthwith, and the expense thereof with costs of suit, if necessary, shall be collected from the owner or occupier in an action of debt in the name of the City.
[Amended 2-8-2002 by Ord. No. 2001-5]
B. 
Whenever snow or ice is removed from sidewalks in the City, pursuant to the requirements of any ordinance now or hereafter in effect, by workers employed by the City, the section foreman engaged in the work shall collect, at the time the work is done, from the owner or occupier of the property, the cost thereof, with the same to be paid to the City as other like sums are paid. In default of payment, the amount due shall be collected by the City Solicitor upon return made to him by the City Engineer, as debts of like amount are collectible by law.
A. 
No person shall allow the wastewater from any well, pump, hydrant or cistern to flow into or upon any street, alley or sidewalk. No person shall permit the water from eaves or conductors to flow upon the sidewalk, but water so originating upon the eaves or roof may be carried by and through such drains or pipes as shall be approved by the building official.
B. 
The construction and maintenance of any drain or pipes in conflict with the provisions of this section shall be deemed to be a common nuisance to be abated according to law and a continuing offense against the provisions of this section.
Any person violating any provision of this article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as prescribed in Chapter 1, Article II, Violations and Penalties, of this Code.
When any public street, alley or lane has been or hereafter shall be laid out and opened according to law in the City, it shall be the duty of the owners of lots, or real estate abutting thereon, and they are hereby enjoined and required to construct, pave, curb, repave or recurb sidewalks along such property at their own expense and keep the same in good repair. Such sidewalks and curbing shall be constructed and maintained under regulations prescribed in this article.
A. 
Whenever, in the judgment of the Director of Public Works, it shall become necessary to construct sidewalks, footways, curbing and guttering or to reconstruct or repair any sidewalk, footway, curbing and guttering in the front of or adjoining any lot or other real estate abutting any of the streets, alleys, courts or ways of the City, the City Engineer, under the direction of the Director of Public Works, shall give notice in writing to the owner of such lot or other real estate, or to his duly authorized agent in charge of the same, to construct, reconstruct or repair such sidewalks, footways, curbing and guttering in accord with the provisions of this article. It is hereby specially provided that, for the purposes of this section, notice to the agent of a nonresident owner shall be regarded as notice to the owner.
B. 
In the case of repairs, the notice provided for in this section shall prescribe that such repairs shall be made within 30 days after service of the notice.
A. 
Upon failure of any owner to comply with a notice given to him pursuant to § 440-14, the City Engineer shall forthwith cause the work to be done by the City, and the expense thereof shall be levied upon such property and collected from such owner with costs, which amount shall be a lien upon such premises with the incidents and remedies provided by law.
B. 
Whenever any sidewalk has been constructed, curbed, repaved or recurbed by the City, it shall be the duty of the City Engineer forthwith to file with the City Clerk his certificate setting forth the time of the commencement of the work, the name of the property owner, a description of the premises and a detailed statement of the expenses of such work. It shall then be the duty of the City Clerk, after making a record of such certificates, to transmit a copy thereof to the City Solicitor for such further proceedings as may be requisite and necessary.
A. 
The City Engineer shall give the proper line or lines and grades for sidewalks, footways, curbs or gutters to be laid or relaid under this article, and such sidewalks, footways, curbs and gutters shall be laid or relaid so as to conform in every particular to the stakes and marks placed by the City Engineer. Lines and grades shall be given by the City Engineer without charge, except where such sidewalks, footways, curbs or gutters are required to be reset in consequence of any fault or delay on the part of the property owner in constructing the same, in which event, the expense of such setting of line or grade shall be paid for by the property owner in an amount equal to the actual cost of the work required for resetting same, plus 15%.
B. 
The City Engineer shall make profiles of the present curbing along the several unpaved streets of the City and reestablish grades suitable for properly paving such streets. He shall also make and keep a record of the changes in grade of such present curbing. When giving to owners of property abutting on any of such unpaved streets the grade for sidewalks or curbing, the paving grade, as established pursuant to this subsection, shall be used, provided that, in the City Engineer's judgment, the same will not cause a nuisance or menace due to the difference between the established paving grade and the present grade; otherwise, the City Engineer shall notify the owners of such abutting property that the sidewalks or curbing shall be laid to conform with the present grade, to remain so only until such time as such street shall become paved, when the same will be required to conform with the established paving grade.
All sidewalks, footways, curbing or guttering laid or relaid under the provisions of this article shall be laid at a proper distance from the property line as specified in this article and special or general ordinances now in force or hereafter enacted. The curbing shall be set so that its street face shall be six inches farther from the property line than the specified width of the sidewalk.
A. 
When streets have been paved or shall be paved, the sidewalk shall be constructed of Portland cement concrete and in such manner and of such aggregate as is set forth by the plans and specifications prepared by the City Engineer. Where sidewalks now laid along existing paved streets or along streets being paved are of material other than Portland cement concrete, the same shall be permitted to remain so until, in the judgment of the Director of Public Works, they require reconstruction, whereupon it shall be his duty to notify property owners as provided in this article to reconstruct the sidewalks with cement concrete.
B. 
Sidewalks on unpaved streets, alleys, courts and ways shall be constructed of either hard brick, hard smooth flagstone, bituminous concrete or Portland cement concrete in accordance with the plans and specifications of, and under the direction of, the City Engineer.
A. 
Except as otherwise specifically provided, sidewalks constructed under this article shall have the following widths, the distances to be measured out from the lot lines to the inside edge of the curbing:
(1) 
On Broad Street, 12 feet, commencing at a distance of 10 feet from the lot lines.
(2) 
On all other streets of 50 feet or more in width, eight feet out from the lot lines.
(3) 
On streets more than 30 feet in width but less than 50 feet, six feet out from the lot lines.
(4) 
On alleys and lanes less than 30 feet in width, three feet out from the lot lines.
B. 
Notwithstanding the provisions of Subsection A, sidewalks on Broad Street, where possible, shall be constructed with a full width of 22 feet commencing at the building line.
C. 
Upon the streets and courts of Hazleton Heights, the following widths of sidewalks, including curbing, shall be established:
(1) 
On Poplar Street and all avenues from Samuels to Dietrich, inclusive, the sidewalks shall be 10 feet in width measuring from the lot line.
(2) 
On all other streets 50 feet in width, sidewalks shall be eight feet wide, including curbing.
(3) 
On streets and avenues 30 feet in width, sidewalks shall be six feet wide, including curbing.
(4) 
On courts 28 feet in width, sidewalks shall be four feet wide, including curbing.
A. 
Sidewalks laid or constructed under this article shall have a pitch of 1/2 inch to the foot, measuring from the front line of the lot to the outer edge of the curbing, unless the grade of intersecting streets does not permit, in which case the same shall be made as the City Engineer may direct.
B. 
Whenever, in the judgment of the City Engineer, cement concrete sidewalks can be laid at a pitch from the property line to the curb of 1/4 inch to one foot, without conflicting with the rate of 1/2 inch to one foot as fixed by Subsection A, he shall so provide in the plans for construction.
A. 
The curbstone on Broad Street, from Hazle Street to James Street, and on Wyoming Street, from Holly Street to Beech Street, shall not be less than five inches thick, nor less than three feet and six inches in length, nor less than 30 inches in depth. On all other streets and alleys, the curbing shall be not less than five inches thick, nor less than 18 inches in length, nor less than 12 inches in depth. The trenches shall be excavated to such width and depth so as to allow a filling of at least six inches on each side of the curbstone, which shall be filled with either good sand, gravel or fine cinders to be rammed until the same is solid and compact.
B. 
All curbstone shall be of good quality, sound and free from seams and cracks and strictly located according to established lines and grades.
C. 
All curbing constructed under this article shall be uniform in material and dimensions as set forth in the plans and specifications for the paving of the street.
A. 
A gutter shall be made along the curblines on each side of all streets and alleys as follows:
(1) 
On Broad Street, from Hazle Street to James Street, and on Wyoming Street from Holly Street to Beech Street, of a width of three feet and a depth of nine inches below the top of the curb on the inside and even with the grade of the street at the outside of such gutters.
(2) 
On all other streets 30 feet in width and over, a gutter three feet in width and of a depth of not less than six inches below the top of the curb, such gutter to be even with the curb on the inside and even with the grade of the street on the outside of such gutter.
(3) 
On all streets and alleys less than 30 feet in width, gutter two feet in width and of a depth of not less than four inches.
B. 
The trenches for gutters shall be excavated to a depth of not less than one foot below the established grade and shall be filled with not less than six inches of good sand, gravel or cinders thoroughly rammed into solid and compact form, upon which shall rest the gutterstone which shall be hammer-dressed stone not less than eight inches in depth, with not less than five-inch face.
When, in the judgment of the Director of Public Works, it is found necessary or advantageous to provide for paving the entire width of any court or alley, the sidewalks and curbing as provided for in this article for streets less than 30 feet in width shall be omitted, and a header to retain the paving shall be set immediately outside of the abutting property lines. The cost of such header and paving for the width of such sidewalks, from the property line, shall be borne entirely by the owners of real estate abutting thereon.
A. 
All sidewalks, footways, curbing and guttering which are out of repair shall be repaired with materials of the same quality and to the same extent as that originally used in the construction of such sidewalks, footways, curbing or guttering, unless such original materials do not conform to the materials set forth in this article and other City ordinances.
B. 
The repairs shall then be made with such of the materials, provided by City ordinance, as in the opinion of the City Engineer shall be proper.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
An inspection fee in the amount set forth in the fee schedule adopted by resolution of the City Council shall be paid to the City for inspection by the City Engineer of all sidewalk, curb and gutter installations or repairs.
The authority delegated under this article to the Director of Public Works and to the City Engineer may be limited or curtailed as to any particular sidewalk, footway, curbing or guttering by resolution of the City Council.
A. 
It shall be the duty of the Director of Public Works to enforce the provisions of this article and promptly report to the Mayor any infraction thereof.
B. 
It shall be the duty of the City Engineer to report to the City Council any deviation on the part of any property owner from the requirements of this article as to grades or otherwise, and the City Council shall take such action on such reports as may seem to it proper, with a view to the proper enforcement of this article.
A. 
It shall be the duty of all owners of property abutting a dedicated or opened or public street or highway within the City to construct concrete ramps, where feasible, and crosswalks when new installations of sidewalk and/or curb are made or when a replacement of an existing sidewalk and/or curb is made so as to make the transition from street to sidewalk easily negotiable for handicapped persons in wheelchairs and for other persons who may have difficulty in making the required step up or down from curb level to street level.
B. 
All such ramps shall be constructed or installed in accordance with the designs and specifications therefor prepared by the Pennsylvania Department of Transportation. The cost for such installation shall be borne by the abutting property owner. The abutting property owners shall also keep the same in good repair.
[Added 10-24-2023 by Ord. No. 2023-6]
A. 
Definitions:
OBSTRUCTION
A hindrance, obstacle or barrier interfering with the use of a public sidewalk, including extension cords, EV charging cords, battery packs, charging equipment, or any other impediment placed on said sidewalk in relation to the charging of an electric vehicle.
PUBLIC SIDEWALKS
That part of a public street or highway in the City of Hazleton designed for the use of pedestrians and being exclusively reserved for them.
B. 
Public sidewalk obstructions in relation to the charging of an EV:
(1) 
No person, firm, corporation or other legal entity shall cause an obstruction to be placed in, upon, over or under a public sidewalk in connection with or in relation to the charging of an EV.
(2) 
If an EV cannot be charged from an off-street parking area, an EV must be charged at either an approved electric vehicle supply equipment (EVSE), also known as charging location, or in a manner or location that will not cause an obstruction to a public sidewalk.
(3) 
City-owned infrastructure, outlets, buildings, or property may not be used as charging locations unless approved for such use by the City.
C. 
Penalty:
(1) 
Any person who violates or permits the violation of any provision of this section shall be issued a citation by the City of Hazleton an amount not to exceed $300, and each day or portion thereof in which a violation of this section is found to exist shall constitute a separate offense.
(2) 
Uon any subsequent violations, any person who violates or permits the violation of any provision of this section shall, upon conviction thereof in a summary proceeding brought before a Magisterial District Judge, be guilty of a summary offense and shall be subject to the penalties provided in Chapter 1, Article II, Violations and Penalties.