[Adopted 10-5-1970 by Ord. No. 1970-14]
[Amended 11-26-2013 by Ord. No. 2013-5]
Every owner of real estate in the Borough of Millersville along, adjacent to, or abutting on a public street is hereby required to lay out and construct, and permanently maintain, both a curb and a sidewalk along such street or streets unless the abutting street is identified in §§ 320-12, 320-13, or 320-14 below. In such case the owner of the real estate along, adjacent to or abutting a designated street is required to lay out and construct curb and/or sidewalk as designated in such sections.
No curb or sidewalk shall be laid out, constructed, reconstructed or materially repaired by any person, firm or corporation unless a permit therefor shall have been obtained from the Borough Secretary. No permit shall be issued by the Borough Secretary until the person, firm or corporation making application shall submit plans showing that the location, length, width, depth, grade and design of the proposed curb and sidewalk, or repair thereto, are in conformity with the standards prescribed therefor by the Borough Engineer. Where special circumstances exist, special standards shall be applied in the interest of public safety and the best interests of the Borough.
All curbs and sidewalks shall be constructed in a workmanlike manner and shall be made of concrete, unless written permission for some other suitable material is obtained from the Borough Council. Written approval of the work must be obtained from the Borough Secretary or his deputy upon completion thereof. Failure to obtain such approval shall subject the party responsible therefor to the remedies and penalties hereinafter described.
Where required by this article, work on the construction of curbs and sidewalks shall commence within 30 days from the date of the enactment of this article and shall proceed with due diligence upon proper notification from the Borough Secretary. Where streets are added by ordinance to the list of designated streets, the property owners thereon shall commence work within 30 days of the date of enactment of such ordinance. Where such compliance would work a hardship on the property owner, said owner may make written application for an extension of time to the Borough Council.
All curbs and sidewalks now in existence or hereafter constructed shall be kept in good repair and in safe and usable condition.
[Amended 6-7-1982 by Ord. No. 1982-35; 5-7-1984 by Ord. No. 1984-7; 7-25-1995 by Ord. No. 1995-5]
Upon neglect of any property owner to comply with any provision of this article, the Borough may, after 20 days' notice, have the laying out, grading, constructing or repairing of curbs and sidewalks done by the Borough. The cost of that work, plus 10% additional, together with all charges and expenses, shall be assessed against that property owner and may be collected by municipal claim or action in assumpsit.
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days; provided that, after receiving notice of any violation, each day thereafter shall constitute a separate offense until the violation is remedied; and provided, further, that the penalties prescribed in this subsection may be in addition to any amount assessed and collected under Subsection A of this section.
Any and all notices required by this article shall be served on the owner of the premises to which the notice refers if such owner is a resident of the Borough. If the owner is not a resident, then the notice may be served upon the agent or tenant of the owner or upon the occupant of such premises. If the owner has no agent or tenant or there is no occupier of such premises, then service shall be by notice posted upon the premises.
[Amended 6-7-1982 by Ord. No. 1982-35; 6-4-1984 by Ord. No. 1984-8; 7-7-1986 by Ord. No. 1986-7; 5-12-1988 by Ord. No. 1988-2; 7-10-1989 by Ord. No. 1989-5; 11-26-2013 by Ord. No. 2013-5]
The owners of real estate adjacent to the following streets shall not be required to lay out or construct curbs or sidewalks:
[Amended 1-8-1979 by Ord. No. 1979-1; 6-7-1982 by Ord. No. 1982-35; 5-7-1984 by Ord. No. 1984-7; 11-10-1998 by Ord. No. 1998-6; 11-26-2013 by Ord. No. 2013-5]
The owners of real estate adjacent to the following streets are required to lay out and construct curbs along those streets according to other sections of this article:
[Amended 6-7-1982 by Ord. No. 1982-35]
The owners of real estate adjacent to the following streets are required to lay out and construct sidewalks along those streets according to other sections of this article: