[Adopted 7-5-1967 by Ord. No. 260]
A.
PERSON
STREET
Definitions. The following words, when used in this article, shall
have the meanings ascribed to them in this section:
Any natural person, association, partnership, firm or corporation.
The entirety of a way or place, of whatever nature, open
to the use of the public as a matter of right, within or partly within
the Borough of West Conshohocken, for purposes of vehicular travel,
including the unimproved portion of the right-of-way adjacent to the
cartway.
B.
Usage. The singular shall include the plural, and the masculine shall
include the feminine and neuter.
No person shall erect or construct any building, structure,
fence or other artificial condition, temporary or permanent, upon
or within any street.
No person owning premises abutting any street shall maintain
or permit the continued existence of any building, structure, fence
or other artificial condition, whether temporary or permanent, within
that portion of the street abutting his premises.
This article shall not apply to curbing, sidewalks, rain gutter
drains, parking or any approved municipal improvements within the
right-of-way of any street.
Whenever any person shall have violated any provision of this article, the Borough may serve upon him, in the manner hereinafter provided, notice to remove the offending building, structure, fence or other artificial condition, upon penalty of prosecution as set forth in § 99-19 hereof or upon penalty of such action's being accomplished by the Borough, with the costs thereof to be charged to such person as hereinafter set forth, or both.
The notice provided for in § 99-16 hereof may be served in any one of the following ways:
A.
By registered or certified mail.
B.
By personal service.
C.
By handing the same to any person occupying the premises abutting
the street whereon the offending condition exists, hereby designated
as agent of the owner for purposes of service.
D.
By posting notice upon the premises abutting the street whereon the
offending condition exists.
Should any person fail to remove the offending condition within
seven days of the date of service of the notice hereinabove provided
for, the Borough may cause the removal of said condition and, upon
so doing, shall recover the cost thereof and an attorney's fee
of 5% by municipal claim proceedings under the Act of May 16, 1923,
P.L. 207, as amended, by summary proceedings under Section 3401 of
the Borough Code of 1966 or by such other remedies as may be provided
by law, at the election of the Borough.
[Revised 7-8-1975 by Ord.
No. 305; amended 10-12-2010 by Ord. No. 2010-14, approved 10-12-2010]
Any person violating the provisions of this article shall be subject to the provisions detailed in Chapter 53A of the Code of the Borough of West Conshohocken.
The remedies provided for herein shall not be mutually exclusive
and the Borough shall have the right to utilize any one or more of
said remedies concurrently or consecutively.
