[Adopted 6-11-1974 by Ord. No. 2952]
A.
PERSON
SIDEWALK
STREET
In this article, the following words shall have the
meanings hereby respectively ascribed thereto:
Any natural person, partnership, association, firm or corporation.
A paved walkway for public passage along the side of a street.
[Added 10-12-2004 by Ord. No. 2952.1]
Any public street, lane, alley or highway in the City of
Bradford.
B.
In this article, the singular shall include the plural,
the plural shall mean the singular, and the masculine shall include
the feminine and the neuter.
[Amended 10-12-2004 by Ord. No. 2952.1]
A.
It shall be the duty of every owner of property in
the City of Bradford, upon 10 days’ notice from the city, properly
to construct the sidewalk and thereafter to keep the same in good
repair along such property, at the official and proper grade, under
the regulations provided in this article and according to official
specifications.
B.
Upon failure of any owner to construct or maintain
any sidewalk after notice so to do, the same may be done or rectified
or caused to be done or rectified by the city, and the cost thereof
shall be levied and collected from such owner, together with a penalty
of 10% of such costs and all charges and expenses, which amount shall
be a lien upon such premises from the time of the completion of the
work.
C.
The notice required herein shall be served upon the
owner, if such can be done within the county. When it cannot be done
so, then the notice may be served upon the owner’s agent or
party in possession, and if the latter cannot be done, then the notice
may be served by posting conspicuously upon the premises.
[Amended 12-19-1995 by Ord. No. 3164; 10-12-2004 by Ord. No.
2952.1]
All sidewalks shall be constructed, reconstructed
and repaired of concrete, concrete pavers or brick according to specifications
adopted from time to time by City Council. Where sidewalks are required
to be constructed on a trestle or platform above the surface of the
ground, concrete need not be used in the construction, reconstruction
or repair thereof, but such walks shall be constructed, reconstructed
or repaired of other material as provided by resolution of Council
from time to time, and the property owner shall also be responsible
for constructing, maintaining and keeping in repair guardrails on
each side thereof, extending four feet above the level of the walk,
constructed either of wood or of metal.
[Amended 10-12-2004 by Ord. No. 2952.1]
All sidewalks shall be constructed, reconstructed
and repaired at the location and in conformity with the grade established
therefore by the city, and no person shall commence the work of construction,
reconstruction or repair without first having obtained the correct
line and grade from the Director of Public Works. All sidewalks shall
be constructed to a width of at least four feet, except where otherwise
specified by the Director of Public Works on the basis of local conditions
of terrain or pedestrian traffic or width of the portion of other
existing walks on the same block. As directed by the Director of
Public Works pursuant to specific ordinances applicable to particular
street or, where no such ordinance shall exist, on the basis of conditions
upon a specific street or portion thereof, a grass plot may be required
to be maintained between the outer edge of the sidewalk and the inner
edge of the curb. If practical, all gas and water curb boxes shall
be located in such grass plot or, if none shall exist, then in the
portion of the sidewalk area located no more than 18 inches from the
inner line of the curb.
[Amended 10-12-2004 by Ord. No. 2952.1]
It shall be unlawful for any person to cut or
remove any part of the curbing without first having obtained a permit
from the Director of Public Works. Such permit shall be granted in
order to provide access to a driveway crossing a sidewalk and only
where the sidewalk shall be constructed or reconstructed to a greater
thickness, as prescribed by resolution of Council, than shall be required
of a sidewalk not to be traversed by vehicles, and, in the case of
a curb cut along a state highway, all special state regulations and
requirements applicable thereto shall be adhered to.
[Amended 12-19-1995 by Ord. No. 3164; 10-12-2004 by Ord. No.
2952.1]
The City may make emergency repairs to any sidewalk when, in the opinion of the City Council or its authorized representative, a dangerous condition exists that can be repaired by an expenditure of not more than $500, upon failure of the owner of the property to make such repairs within 48 hours after service of notice upon such owner to do so. Such notice shall be served in the same manner provided in the second section of this article. This section is intended to provide a remedy in connection with such emergency repairs in addition to the procedure set out in §189-12 of this article. Upon completion of such emergency repairs, the cost thereof shall be a charge against the owner of the abutting property and shall be a lien, until paid, upon such property, provided that a claim therefor shall be filed in accordance with the law providing for the filing and collection of municipal claims. Any such charge may also be collected from the owner by an action in assumpsit.
[Added 10-12-2004 by Ord. No. 2952.1]
In the event of emergency repairs or utility
repairs, bituminous materials may be used on a temporary basis, not
to exceed 30 days. This timeframe may be extended for cause shown
(eg., inclement weather) upon written request to the Director of Public
Works. An extension(s) shall not exceed an aggregate period of 90
days.
[Added 10-12-2004 by Ord. No. 2952.1]
Any owner who shall violate any provision of
this article, in addition to any other provision that may be provided
herein, shall, upon conviction thereof, be sentenced to pay a fine
of not less than $100 nor more than $600 or to imprisonment of not
more than 90 days, or both.
