[Adopted as Art. 909 of the 1979 Codified Ordinances]
When the roadway of any street, highway or alley, or part thereof is ordered to be paved or macadamized by ordinance, the same shall be done in accordance with the plans and specifications to be prepared by the City Engineer.
The Director of Streets and Public Improvements is authorized upon the passage of an ordinance providing for the paving and macadamizing of the roadway to advertise for proposals for such paving in accordance with plans and specifications prepared by the City Engineer.
The City Engineer shall supervise and oversee the work contemplated by this section as it progresses, and judge of the quantity and quality of materials to be used. He shall make estimates of the work done under the contract as may be proper and necessary.
All gas, water and other companies doing business in the City shall install, relay and repair all pipes, mains and conduits, and all abutting property owners shall make proper sewer connections as required by Article IV.
A. 
Council shall before a contract is awarded to pave any street, highway or alley, determine the paving materials.
B. 
If the roadway of any street, highway or alley has been paved or ordered to be paved with a material other than specifically mentioned in the ordinance providing therefor, such paving and all contracts therefor are hereby approved, ratified and confirmed as the act of the Mayor and Council.
[Amended 5-28-1957 by Ord. No. 26-1957]
Unless otherwise provided in the ordinance providing for the paving or macadamizing of any street, highway or alley or part thereof, where the cost and expense of paving or macadamizing is to be charged against the abutting property by the foot-front rule, the total cost and expense of such paving except any part or portion which is to be paid for by any railroad company as provided by ordinance and except the cost in front of any property exempt by law from assessment, shall be levied and assessed, and is hereby authorized to be collected from the property fronting and abutting the street, highway or alley, or part thereof, paved or macadamized pursuant to an ordinance, and from the owners thereof by an equal assessment upon such property in proportion to the number of feet the same fronts upon the street, highway or alley, or part thereof. The City Engineer shall calculate and ascertain the amount to be levied and collected from property owners of real estate fronting and abutting on such street, or highway or alley or part thereof.
In all contracts for the improvements contemplated in this article, the City may enter into an agreement with the contractor that he shall take an assignment of assessments in payment of the amount due him under the terms of the contract. In such case the City shall not be otherwise liable, under such contract, whether such assessments are collectible or not.
Upon the execution of any contract for the paving or macadamizing of the roadway of any street, highway or alley, or part thereof, where the assessment of the cost and expense thereof shall be by a jury of view, the City Solicitor shall present a petition to the court of common pleas, for the appointment of three disinterested freeholders as viewers, to assess the costs and expenses of such paving or macadamizing upon the property benefited in accordance with the Act of June 23, 1931, (P. L. 932), 53 P. S. § 37801 to 37851.
A. 
All assessments levied under this article shall be paid to the City Treasurer before a lien is filed, and to the City Solicitor after a lien is filed, and shall be payable by installments or otherwise, as provided by the ordinance for the paving or macadamizing of any street, highway or alley, or part thereof.
B. 
The unpaid amount of any assessment levied under this article shall bear interest at the rate of 6% per annum, to commence 30 days after the assessment has been finally ascertained.
C. 
If either the first or any subsequent installment of an assessment under this article remains unpaid for two months after the same has become due and payable, the whole of the assessments remaining unpaid shall thereupon be due and payable.
D. 
Any person upon whom an assessment under this article has been made may pay all or as many of such installments as he desires before the same are due.
Thirty days after the completion of the work under this article, or the confirmation of the report of any jury of view, the City Treasurer shall certify immediately to the City Solicitor the names of all persons assessed who have not paid in full such assessment together with a description of the property upon which assessments are unpaid, in whole or in part. The City Solicitor shall enter specifications of lien therefor. When any assessments are due under the terms of this article, or of the ordinance providing for the paving or macadamizing of any street, highway or alley, or part thereof, he shall proceed to collect the same according to law, with interest and 5% penalty and costs.
[Amended 6-15-2017 by Ord. No. 2-2017]
Upon violation of this article the City may take any of the following actions:
A. 
The Director of the Department of Streets or the Director of the Department of Public Safety or their duly authorized representatives or any Police officer may cause a printed ticket for such violation to be handed to the violator, left upon or affixed to the premises where such violation occurred, or mailed to the address of the property in question or the address to which tax bills are mailed for such property by certified mail. The ticket shall bear the date, the time and the nature of the violation, the fine prescribed therefor pursuant to Subsection A(2) below, and a reference to this chapter.
(1) 
Whoever receives such a ticket may within 10 days, admit the violation, waive a hearing and pay the fine in full satisfaction of such ticket. Payment shall be made as directed on the ticket and the violator shall be furnished with an official receipt therefor, which shall constitute an admission of the violation charged but shall not excuse a continuing violation.
(2) 
Ticketed penalties for violations shall be in the amount of $200, provided however, that the City Council may revise such ticket penalties amount by resolution from time to time.
(3) 
When a person has been notified in the manner set forth in this chapter and does not avail himself or herself of the penalty provision of Subsection A(1) hereof, a citation or summons shall be issued for such violation. Upon conviction on such summons or citation before the Magisterial District Justice, such person shall be subject to a penalty of not more than $1,000 and costs, and in default of payment thereof, imprisonment for a period of not more than 30 days. If the person named in the citation or summons fails to appear on the date specified therein, a warrant may be issued for his or her arrest.
B. 
The Director of the Department of Streets or the Director of the Department of Public Safety or their duly authorized representatives may cause the conditions in violation of this article to be removed or abated by employees of the City or by any independent contractor authorized by the City. Thereafter, the owners, tenant, occupant or agent of the property shall be liable for the cost of such removal or abatement, plus an administrative charge equal to 15% of such costs, in the manner of a municipal lien.
C. 
In addition to the penalty provided above, the City shall have all other remedies available at law and in equity.