[Amended 12-28-2021 by Ord. No. C-598, approved 12-28-2021]
A. 
It shall be the responsibility of every property owner within the Borough of Lititz to construct, maintain and repair all sidewalks on or adjacent to his or her property. Failure to do so shall subject such property owner, upon conviction thereof, to the penalties established by this article, whether or not any notice was issued pursuant to this article. Lititz Borough shall pay for curb replacement costs utilizing funds derived from the Borough's Stormwater Fee. The construction of this curb shall be performed by a contractor of the Borough's choosing.
B. 
The purpose of §§ 105-14 through 105-22 of this article is to provide a procedure whereby the Borough may order the construction and/or the repair of sidewalks and curbs and to ensure that certain standards are met by the property owner in performing such construction and/or repair. Nothing in this article shall be construed as affecting the responsibility for the construction, maintenance or repair of sidewalks, which is hereby declared to rest solely with the property owner, nor shall this article be deemed in any way to make the Borough liable for any injury or damages caused by the failure of the property owner to properly construct, maintain or repair any sidewalk, whether or not any notice was issued to the property owner by the Borough concerning such failure, or whether or not the work was undertaken and approved pursuant to this article.
Every owner of property in the Borough of Lititz shall, on 30 days' notice from the Borough Council, construct or reconstruct a sidewalk, which shall conform to all applicable requirements of this chapter, in front of or at the side of such property.
Every owner of property in the Borough of Lititz shall, on five days' notice from the Borough Council, repair the sidewalk in the manner stipulated in such notice, in front of or at the side of such property.
All sidewalks and curbs shall be constructed, reconstructed and repaired of concrete only, according to specifications determined by the Borough Council, provided that, in the case of sidewalks only, a temporary bituminous surface meeting specifications determined by the Borough Council may be applied as protective coating only until the concrete is replaced; but where a block of concrete has to be replaced, such replacement shall be with concrete only; provided, further, that where the existing sidewalk is of brick and at least 2/3 of such sidewalk is in good repair, such sidewalk may be repaired with brick.
A. 
It shall be the duty of all owners of property abutting a dedicated or opened or public street or highway within the Borough to construct concrete ramps, where feasible, and crosswalks when new installations of sidewalks and/or curbs 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 and down from curb level to street level.
B. 
All such ramps shall be constructed or installed in accordance with the designs and specifications thereof prepared by the Pennsylvania Department of Transportation. The cost of such installation shall be borne by the abutting property owners. The abutting property owners shall also keep the same in good repair.
New brick sidewalks may be constructed with the permission of the Borough Council and only in accordance with the following specifications:
A. 
Excavation shall be made to the required depth and the subgrade compacted to a firm, even surface.
B. 
A six-inch layer of 2B stone shall be placed and compacted to accept a two-inch layer of compacted stone dust.
C. 
Brick pavers shall be set on the compacted stone dust and sand brushed into the joints.
D. 
Line and grade dimensions, general requirements and backfilling shall be in accordance with the specifications for curb and sidewalks, updated and revised March 27, 2008 and as hereafter amended.
On all streets, the sidewalks shall be at least five feet wide, with the exception of sidewalks passing tree wells which shall be allowed at four feet.
In all cases where sidewalks are constructed, reconstructed or repaired over coal cellars or other excavations under such sidewalks, such sidewalks shall be supported by iron or steel beams or girders or stone or concrete arches. In no case shall any support of wood or other perishable materials be used.
All sidewalks shall be constructed, reconstructed and repaired and the grading thereon shall be done upon the line and grade obtained by the property owner from the Borough Inspector, and not otherwise. Upon notice as provided in §§ 105-14 and 105-15, as the case may be, the work of construction, reconstruction or repair shall be done by the owner or owners of such property.
It shall be the duty and responsibility of the Public Works to determine, in the case of any individual property, whether or not the sidewalk and/or curb shall be reconstructed or repaired and, if so, the specific part or parts thereof to be reconstructed or repaired. Public Works may, at any time during the course of repairing any sidewalk and/or curb, visit the site of such work to ascertain whether such work is being done according to requirements; and he or one of his assistants or other designated Borough official shall visit any such site for such purpose whenever requested by the property owner. Within two days after the completion of the work of construction, reconstruction or repair of any sidewalk, it shall be the duty of the owner of the property where such work was done to notify the Borough Inspector of the fact, so that he may inspect such sidewalk to determine whether the grade thereof has been observed and followed.
Any property owner, upon his own initiative and without notice from any Borough authority, may construct, reconstruct or repair a sidewalk or curb in front of or along his property, provided that such owner shall first make application to the Borough Inspector and shall conform to the requirements of this chapter as to line and grade and as to material used and that he shall also notify the Borough Inspector as required by § 105-21 within two days after completion of the work.
Any person, whether as principal, agent or employee, violating or assisting in the violation of any of the provisions of this article shall, upon conviction thereof before the Mayor or before any District Justice of the Borough, pay a fine not to exceed the maximum fine of $300, plus costs of prosecution, and, in default of payment of such costs and prosecution, be subject to imprisonment for a term not exceeding 30 days; provided, however, that if the District Justice determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Justice deems to be just.