[Adopted 11-22-2005 by Ord. No. 05-04]
As used in this article, the following terms shall have the meanings indicated:
SIDEWALK
The portion of a street located outside the cartway, and shall include paved footway, unpaved grass plot, curb and gutter.
The Borough of Dravosburg hereby requires owners of property abutting on any street in the Borough of Dravosburg, including state highways, to grade, construct, drain, pave, repave, maintain and repair the sidewalk, curb and gutter along such property, at such grades and under such regulations as may be prescribed by the Borough Engineer.
A. 
Supports under sidewalks and curbs. Where sidewalks or curbs are to be constructed, paved, repaved or repaired over coal cellars or other excavations, such sidewalks shall be supported by iron or steel beams, girders, stone or concrete arches. Any support of wood or perishable material shall be prohibited.
B. 
Conformity to line and grade. All sidewalks, curbs and gutters shall be constructed, paved, repaved or repaired upon the line and grade obtained by the property owner from the Borough Engineer.
C. 
Notice to do work. Notice to construct, pave, repave and repair sidewalks, curbs or gutters shall be given by registered or certified mail to abutting property owners, and such owners shall have 60 days to comply with said notice in conformity with any construction specifications prescribed by the Borough Engineer.
D. 
Inspection. At any time during the performance of the required work, the Borough Engineer may inspect the work to determine whether construction specifications are being observed.
E. 
Municipality may do work and collect costs. Upon the neglect or failure of any property owner to grade, construct, drain, pave, repave or maintain any sidewalk, curb or gutter in compliance with notice to do so, the Borough may do the same or cause the same to be done and may levy the cost of its work, plus 10% additional, together with all charges and expenses, on such owner as a municipal lien and may file a municipal claim therefor or collect the same in the manner provided by law.
A. 
In addition to the remedies now vested in the Borough of Dravosburg to make repairs to sidewalks, the Borough shall have the power to make emergency repairs to any sidewalks thereon, where, in the opinion of the Borough Engineer, a dangerous condition exists that can be repaired by an expenditure of not more than $500. Before any such repairs are made, a notice to make the repairs within 48 hours shall be served upon the owner of the said property. 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.
B. 
Upon the completion of the work, the cost thereof shall be a charge against the owner of the property and shall be a lien, until paid, upon the abutting property, provided a claim is filed therefor in accordance with the law providing for the filing and collection of municipal claims. Any such charge may also be collected by action of assumpsit. This section is intended to provide an additional remedy for the Borough of Dravosburg in connection with emergency repairs, where the actual cost of doing the work does not exceed $500, and the opinion and/or certificate of the Borough Engineer shall be conclusive evidence of the existence of the emergency justifying the repair under the terms of this section.
Any property owner not required by notice to construct, pave, repave or keep in repair sidewalks, curbs or gutters may construct, pave, repave or repair the sidewalk, curb and gutter abutting his property, provided such owner shall make application to the Borough Engineer before commencing work; shall conform to the provisions of this article and other regulations as to specifications for construction and repair work; and shall notify the Borough Engineer within two days after completion of his work.
Neither the issuance of a permit by the Borough of Dravosburg under the provisions of this article, nor compliance with the provisions of this article by the owners of property abutting on any street in the Borough of Dravosburg, including state highways, with any condition imposed by the Borough of Dravosburg hereunder, shall relieve any person from any responsibility for damage to persons or property resulting thereof, or as otherwise imposed by law, nor impose any liability upon the Borough of Dravosburg or its agents for damages to persons or property. Additionally, on any claim presented for bodily injury or property damages on the sidewalk, curb and/or gutter covered by this article, the adjoining/abutting property owner shall be held liable in tort for such damages to another. Alternatively, should the Borough of Dravosburg be called upon to make such payment to a third party, the Borough of Dravosburg will look to the adjoining/abutting property owner for contribution and/or indemnity.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and, in default of payment, to imprisonment for a term not to exceed 30 days. Each day that a violation continues shall constitute a separate offense.