This article is enacted pursuant to the Borough Code, Act of February 1, 1966, P.L. 1656 (1965), as amended, 53 P.S. § 46202(17) (Street and sewer regulation; obstructions),[1] 53 P.S. § 46801 et seq. (Sidewalks and curbs),[2] 53 P.S. § 48301 et seq. (General powers, enforcement)[3] and the Act of Act of May 16, 1923, P.L. 207, § 7, as amended, 53 P.S. § 7101 et seq., as amended (Municipal Claims and Tax Liens).
[Adopted 9-4-1996 by Ord. No. 560]
The Borough of New Cumberland recognizes the necessity for the construction, repair, maintenance and upkeep of curbs in order to provide safe, unimpeded and unobstructed pedestrian access and motor vehicle use within the municipality. The safe, unimpeded and unobstructed pedestrian access and motor vehicle use throughout the Borough of New Cumberland is necessary to preserve the health, safety and general welfare of the citizens and businesses. The Borough of New Cumberland further recognizes the need for adequate and sufficient curbing to regulate stormwater runoff, to provide reasonable parking accommodations and to provide safe, unimpeded and unobstructed pedestrian access to existing sidewalks, curbs and properties within the municipality.
A.
General curb construction, repair and maintenance requirements.
(1)
Any person(s), company or corporation owning real estate abutting any public street, right-of-way, avenue, alley or laned roadway within the Borough of New Cumberland shall, upon being served with notice as required by this article, construct concrete curb and all such construction of curb shall conform to all provisions of this article.
(2)
No owner of any real estate with curbs or with curbs hereinafter constructed shall remove such curbs, or cause or permit such curbs to deteriorate or decay to a condition which creates a dangerous condition or prevents the safe and unimpeded passage of pedestrian use. A "dangerous condition" shall be defined as a reasonably foreseeable condition which creates a risk of accident or injury through tripping, falling or slipping as a result of the condition or state of a curb.
(3)
All construction, reconstruction, grading, paving, repairing, repaving of existing curbs at corner lots or adjacent to crosswalks shall be completed by the owner or owners of any real estate abutting such curbs so as to allow for curb cuts and ramps, where feasible, and to make the transition from street to curb easily negotiable for handicapped persons in wheelchairs and for other persons who may be disabled or have difficulty in making the required step up or down from curb level to street level.
B.
Owner responsibility.
(1)
All construction, reconstruction, grading, paving, repairing, repaving of existing curbs or curbs hereinafter constructed in the Borough of New Cumberland shall be done either by the owner or owners of the lot or lots abutting thereon or, after receipt of proper notice in accordance with this article, by the Borough of New Cumberland at the reasonable cost and expense of the owner or owners, as provided by law and in accordance with this article.
(2)
Existing curbs and all curbs hereinafter constructed in the Borough of New Cumberland shall be maintained in continual repair and in safe condition by the owner or owners of the property abutting said curbs, or upon failure of the owner or owners, by the Borough of New Cumberland at the reasonable cost and expense of the owner or owners, as provided by law.
C.
Curb construction specifications.
(1)
Curb concrete. Concrete shall conform to PA Department of Transportation Class A concrete for cement concrete curb, and shall attain an ultimate strength of 3,300 pounds per square inch in 28 days. Test cylinders and samples must be supplied by the contractor upon request of the Borough Engineer.
(2)
Size. Curb shall be constructed 18 inches in depth, seven inches wide at top, with a one-inch batter on an eight-inch face, eight inches at the bottom, with an eight-inch reveal.
(3)
Forms. All forms shall be metal, straight, free from warp and of sufficient strength when staked to resist the pressure of the concrete without springing. Both inside and outside forms shall extend to the full depth of the curb, and shall be securely fastened together.
(4)
Treatment of forms. All forms and templates shall be cleaned thoroughly and treated with an approved material as required to prevent the concrete from adhering thereto.
(5)
Joints. Expansion joints shall be cut in curbs according to the detail and at intervals not more than 20 feet. Expansion joints, consisting of a minimum of 1/2-inch fiber matrix and bitumen material.[1] Material shall be cut to conform to area adjacent to curb or to conform to cross-sectional area of curb.
[1]
Editor's Note: So in original.
(6)
Placing of concrete. The subgrade shall be formed four inches below the required depth of the curb. Four inches of 2B stone shall be placed and tamped prior to pouring the concrete. The concrete shall be placed in the forms and vibrated only sufficiently to bring mortar to the surface, after which the top surface of the curb shall be finished smooth and even by means of a wooden float immediately after being placed. When concrete curb has set sufficiently, the forms shall be removed and the concrete shall be rubbed out to an even textured finish.
(7)
Depressed curb and ADA ramps. The height of the curb may be lowered six inches at all places where driveways enter the street and at such other places as directed by the Borough Manager or Borough Engineer.
(8)
Grades and offset stakes. Grade stakes and offset stakes will be given by the Borough Engineer upon request of the Borough Manager. The Borough Engineer shall be given five days' notice prior to the date the owner wishes to start the construction so that there shall be ample time to place the construction stakes. The position of the curb will be determined by these stakes.
D.
Obstructions/nuisances.
(1)
No fixed or permanent structure adjacent to any residential, commercial or industrial use shall impede or restrict the flow of stormwater adjacent to any curb within the Borough of New Cumberland.
(2)
No fixed or permanent structure, including, but not limited to, porches, steps, building entrances, bay or bowed windows, adjacent to a residential, commercial or industrial use, shall extend over any curb so as to restrict the free and unimpeded movement of pedestrian traffic or to create a dangerous condition.
(3)
Any fixed or permanent structure which obstructs the flow of stormwater along any curb or extends over a curb may constitute a nuisance which is unlawful and abatable as such following establishment of such nuisance before a Magisterial District Judge or court of common pleas.
A.
Upon the failure or neglect of any owner or owners of real estate or lots to construct, maintain, repair or replace any curb in violation of this article, or in the event such curb is in a dangerous condition, the Borough Secretary or its agents shall provide notice to such owner of the defective and deficient conditions of such curb. All such notices 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 of the Borough, then such 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, then service shall be by printed or written notice conspicuously posted upon the premises.
B.
Upon the failure or neglect of the owner or owners of the property to construct, maintain, repair or replace any curb within 90 days after receiving notice of such violation or failure, the Borough of New Cumberland may cause the construction, grading, replacement, maintenance and repairing to be done at the cost thereof and 10% additional, together with all charges and expenses, from such owner or owners in accordance with the acts of Assembly, and in accordance with the law relating to the filing and collection of municipal claims, or by action for assumpsit.
In addition to the remedies stated above, the Borough shall have the power to make emergency repairs to any curb where, in the opinion of the Borough Engineer and the Highway Superintendent, a curb is in a dangerous condition and can be repaired by an expenditure of not more than $500. In the event such emergency repair is required, the Borough shall cause to be personally delivered upon the owners or owner's agents a notice of such dangerous conditions. 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 agent or party in possession, the notice may be served by posting the same upon such premises. Upon the failure or neglect of the owner or owners to make such emergency repairs within a forty-eight hour period after service of such notice, the Borough may make such repairs and, upon completion of the work, the cost thereof shall be a charge against the owner or owners of the property and shall be a lien, until paid, upon the abutting property, provided a claim is therefor filed in accordance with the law providing for the filing and collection of municipal claims. Any such charge may also be collected by an action in assumpsit.
A.
Amount of fees. Where attorney fees are sought to be collected or are incurred in the collection of a delinquent account(s), said fees are hereby approved at an hourly rate of $85 per hour, with said fees to be calculated upon said hourly rate at time increments of no less than 1/10 of an hour, based upon the time expended by the Borough Solicitor or any other attorney designated from time to time by Council to collect upon any delinquent account and/or represent the Borough in actions involving claims arising out of the Municipal Claim and Tax Lien Act, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
B.
Collection of attorney fees. Where attorney fees are sought to be collected or are incurred in the collection of a delinquent account(s), at least 30 days prior to assessing or imposing attorneys' fees in connection with delinquent account(s), the Borough of New Cumberland shall, by United States certified mail, return receipt requested, postage prepaid, mail to the property owner(s) the notice of intent to impose attorney fees. The notice to the owner(s) shall include a statement of the municipality's intent to impose or assess attorney fees within 30 days of mailing the notice when notice is received by the owner(s), or within no earlier than 10 days of the mailing of the notice when such notice is refused or unclaimed as set forth above. Any notice required by this section shall be mailed to the owner's/owners' last known post office address by virtue of the knowledge and information possessed by the Borough of New Cumberland and the county office responsible for assessments and revision of taxes. The Borough of New Cumberland shall determine the owner's/owners' last post office address known to the appropriate agent of the Borough and county assessment office. The assessment of attorney fees shall thereafter be charged, assessed, imposed and recovered in accordance with the manner of collection of the underlying municipal claim or lien.
A.
Review by Borough. All properties with existing curbs shall be reviewed on an annual basis by a committee appointed by the governing body or by staff of the Borough. The Borough Engineer shall review any curbs determined to need maintenance and repair, or in a dangerous condition, and may provide the governing body and property owner(s) with an estimate for repairs with the notice requirements identified in § 328-49.
B.
Voluntary compliance. Nothing in this article shall be construed to prevent any owner or owners of property within the Borough from voluntarily constructing curbs or repaving or repairing the same adjacent to their property in accordance with the terms, specifications and requirements of this article.
C.
Penalty for violation. In addition to the remedies to insure compliance as set forth above, including the imposition of attorney fees and liens, the Borough of New Cumberland may seek enforcement of this article before an issuing authority. Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $150, nor more than $1,000, together with the costs of prosecution, to be collected as other fines and costs are now recovered by law, together with the replacement cost of all work not meeting specifications.
This article shall become effective in accordance with law.
In the event that any provision, section, sentence, clause or part of this article shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this article or other ordinances affected by this article, it being the intent of the Borough of New Cumberland that such remainder shall be and shall remain in full force and effect.
All other ordinances, parts of ordinances or parts of resolutions inconsistent herewith shall be and the same expressly are repealed. Ord. Nos. 193 and 221 are hereby repealed.