It shall be the duty of all persons, firms,
or corporations wishing to erect, repair, or remove any building,
excavate or wall any cellar or vault, or make any improvement, the
doing of which would in any way obstruct any sidewalk, before proceeding
with the same, to obtain at the Borough office a permit, for which
the fee shall be $10 per day and $80 per week. Each permit issued
by the Borough shall be valid for a period of one week from the date
of issuance, and the Borough shall have the right to issue permits,
one at a time, for 26 weeks. Such permit shall specify the location
and the time required for the obstruction of the sidewalk in connection
therewith. In all cases, all material and rubbish shall be removed
by the party obtaining the permit, before the expiration of the time
for which the permit, or extended permit, as the case may be, was
granted; provided that every permit holder shall provide adequately
for the safety of the public during the time when such permit is in
effect, by the erection of barriers and/or warning lights and by any
other reasonable and prudent measures.
[Amended 6-15-2010 by Ord. No. 1068]
A. Any person
who shall violate any provision of this article shall, upon conviction
thereof by a District Justice or other court of competent jurisdiction,
be sentenced to pay a fine of not more than $1,000 and/or to undergo
imprisonment for a term not to exceed 30 days. Each day that a violation
of this article continues shall constitute a separate offense. Prior
to filing a citation in the District Court, the Code Enforcement Officer
shall provide a written notice to any person violating this article
and said person shall be given an opportunity to immediately and upon
receipt of said order abate the violation; except that for repeat
violations no such notice need be given and the Borough may proceed
directly to District Court. Further, the Borough may seek permanent
injunctive relief regarding any object that is placed in violation
of the terms of this article or that creates a nuisance or is a safety
hazard.
B. The remedies
provided herein for the enforcement of this article or any remedy
provided by law shall not be deemed mutually exclusive; rather, they
may be employed simultaneously or consecutively at the option of the
Council or officers of the Borough of Brookville.