[Amended 10-17-1994 by Ord. No. 720]
A. Anywhere there is a presently existing sidewalk in
Sayre Borough, that sidewalk must be maintained on the property and
it can only be replaced with a sidewalk that conforms to this section,
but it cannot be removed and not replaced. There must always be a
sidewalk at the property unless otherwise directed by Council.
[Amended 3-22-2004 by Ord. No. 829]
B. Any property that is the subject of new construction
for a single-family residence that is not part of a new residential
subdivision in the Borough where a sidewalk does not exist must install
a sidewalk or sidewalks parallel to the area where the property abuts
the street or streets if the property is abutted by a neighboring
property that has an existing sidewalk. If the property that is the
subject of the new construction does not have an existing sidewalk
immediately abutting the property line, then the property owner will
not be required to install a sidewalk.
[Amended 3-22-2004 by Ord. No. 829]
C. Any property that is the subject of new construction
that is part of a commercial development, new residential subdivision,
or multifamily residential development in the Borough where a sidewalk
does not exist must install a sidewalk or sidewalks parallel to the
area where the property abuts the street or streets. If the property
that is the subject of the new construction does not have an existing
sidewalk immediately abutting the property line and installation of
a new sidewalk would present a safety hazard, then the property owner
will not be required to install a sidewalk.
[Amended 3-22-2004 by Ord. No. 829; 10-28-2020 by Ord. No.
964]
D. For purposes of interpretation of this section, a new residential subdivision as referred to in Subsection
C, is defined as the new construction of two or more single-family residences on adjoining or contiguous lots or on the same parcel which may or may not be subdivided in the future.
[Added 3-22-2004 by Ord. No. 829 ]
E. The sidewalks shall be maintained in a safe condition
and in good repair and shall be kept free of snow and ice or other
obstructions. Any sidewalk that contains any of the following shall
be deemed to be unsafe and in need of repair:
(1) Any block in the sidewalk is raised more than one
inch higher than the adjoining block or is raised more than one inch
within itself.
(2) Twenty-five percent of the surface area of any one
block is crumbled and deteriorated.
(3) Any block contains a crack that is more than one inch
in width.
F. If the Borough of Sayre shall determine that a sidewalk should be constructed or repaired because it is unsafe as set forth in Subsection
E or that an existing sidewalk should be replaced in its entirety, it shall cause a notice to be sent to the property owner.
G. Notice.
[Amended 3-27-2008 by Ord. No. 857]
(1) Said notice shall be in writing and served on the
owner, specifying the time within which the sidewalk must be constructed,
repaired or replaced, such time to be not more than 30 days from the
date the notice indicates the repair must be commenced specifying
the location and the manner of the sidewalk to be constructed or replaced
and the manner of such proposed construction. The Borough, through
its designated representative, shall determine, based on the time
of year and weather conditions, the date when the sidewalk can be
repaired or replaced. That determination shall be placed in the notice
indicating when the sidewalk must be repaired or replaced.
(2) Once the owner has received said notice of the repair,
the owner shall make the repair on or before the date that the notice
indicates the repair should be completed. If the owner fails to comply
and make the repair or replacement within six months of the service
of the notice to repair, then the Borough may repair or replace the
sidewalk and file a lien against said property in accordance with
the provisions in this Part 3.
H. If the Borough of Sayre shall determine that a sidewalk
is in need of immediate repair and presents a danger to the public,
the sidewalk will be closed off and the Borough may proceed as follows:
the property owner will be given a written notice of the need to repair
or replace the sidewalk within 10 business days, the notice to specify
the location of the sidewalk to be repaired or replaced in the manner
of the proposed construction. Once the owner has received the notice
of repair, the owner shall make the repairs immediately. If the sidewalk
is not repaired or replaced within 10 business days, then the Borough
may repair or replace the sidewalk and file a lien against said property
in accordance with the provisions in this Part 3.
[Amended 3-27-2008 by Ord. No. 857]
[Amended 3-27-2008 by Ord. No. 857]
Upon failure of any of the abutting landowners
and/or property owners required to install a sidewalk to commence
to lay any sidewalks or repair the same within the above-specified
times, the Borough of Sayre may cause such sidewalks or repair of
the same to be laid or repaired in accordance with this Part 3 and
shall collect from the owner or owners thereof the cost and 10% in
addition, together with all charges and expenses, and may file a municipal
claim therefor or collect the same by the appropriate legal action.
[Amended 10-21-1991 by Ord. No. 686]
Any person, firm or corporation who or which
shall violate or fail to comply with any of the provisions of this
Part 3 shall, upon conviction, be sentenced to pay a fine of not more
than $600 and costs of prosecution and, in default of payment of such
fine and costs, be imprisoned for a term not exceeding 30 days.