[Adopted 3-2-1982 as Ch. XXI, Part 4, of the 1982 Code
of Ordinances]
All persons, firms or corporations being the
owner or owners of any lots or pieces of ground fronting upon any
street or avenue in the Borough of Brentwood are required to cause
the sidewalks in front of their said lots to be paved according to
specifications, upon 30 days' written notice from Council. Upon failure
of any owner to construct such pavement within said period of 30 days,
the Street Committee may cause such pavement to be laid and constructed,
and the Borough shall collect the cost thereof and 10% additional,
together with all charges and expenses, from the owners in the manner
provided by law.
[Amended 4-15-2003 by Ord. No. 1132-2003]
A.
OCCUPANT
OWNER
PERSON
SIDEWALK
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A person who is in physical possession of a property, or
a person who has responsibility for, and control over, the condition
of a property, the activities conducted on that property, and the
persons allowed to enter that property.
In the case of land, any person who is recorded on the tax
records as the owner of land, or in the case of property other than
land, any person who is in lawful possession thereof.
Includes any individual, corporation, society, association,
partnership, or firm, and the successor or the heir, executor, administrators,
or other legal representatives of a person.
That part of the highway especially adapted to the use of
or ordinarily used by pedestrians and includes that part of the highway
between the curbline (or the edge of the roadway where there is no
curbline) and the adjacent property line, whether or not paved or
improved
B.
Every occupant, owner, or person of every house, shop,
building, lot, parcel of land, or other property that adjoins or is
abutting to or on a sidewalk in the Borough of Brentwood shall be
charged with the responsibility to keep such sidewalk in a good state
of repair and free from defects and debris. Failure to maintain said
sidewalk will result in the Borough of Brentwood undertaking such
repair or remedy and charging back to the property owner. On any claim
presented for bodily injury or property damage on the sidewalk, the
adjoining or abutting property owner shall be held liable in tort
for such damages to another. Alternatively, should the Borough of
Brentwood be called upon to make such payments to a third party, the
Borough will look to the adjoining/abutting landowner for contribution
and indemnity.
C.
After having received a notice provided for in § 180-15, it shall be the duty of all persons, firms or corporations being the owner or owners of any lots or pieces of ground fronting upon any street or avenue to cause the sidewalk in front of said lots to be paved according to specifications. In addition to the remedy provided in § 180-15, any failure to comply with such notice shall be deemed a violation of this article.
[Amended 2-4-1997 by Ord. No. 1091]
Before any sidewalk can be laid, a permit must
be obtained from the Code Enforcement Officer, and all walks must
be laid according to specifications furnished by the Code Enforcement
Officer at the time the permit is granted.
It is hereby made the duty of the Code Enforcement
Officer to require all owners of property to keep paved sidewalks
in repair, and whenever any sidewalk is out of repair, the Code Enforcement
Officer shall give the owner 30 days' written notice to repair such
walk, and upon failure of any owner to make such repairs within said
period of 30 days, the Code Enforcement Officer shall cause such pavement
to be repaired and the Borough shall collect the cost thereof and
10% additional, together with all charges and expenses, from such
owner by the filing of a municipal lien against the lot in front of
which the pavement is repaired, or said cost may be collected in any
other manner authorized by law.
All such notices shall be served upon the owner
of the premises to which the notice refers, if such owner be a resident
of the Borough. If the owner is not a resident, then the 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 within the Borough,
or there be no occupier of such premises, then service shall be by
printed or written notice posted upon the premises.
[Amended 2-4-1997 by Ord. No. 1091]
Any person, firm or corporation who or which
shall violate any provision of this Article shall, upon conviction
thereof, be sentenced to pay a fine of not more than $600 and costs
of prosecution or, in default of payment of such fine and costs, to
undergo imprisonment for not more than 30 days.
