Article 2
Sidewalks

A.    Sidewalk and Curb Construction and Repair

§12-201 Property Owners to Construct or Reconstruct Sidewalks and Curbs on Notice.

Every owner of property in the Borough shall, on 30 days notice from Council, construct or reconstruct a sidewalk and/or curb, which shall conform to all applicable requirements of this Article 2A, in front of and/or alongside the property.

(Ord. 1984-1, 7/9/1984, §12-2001)

§12-202 Property Owners to Repair Sidewalks and Curbs on Notice.

Every owner of property in the Borough shall, on 30 days notice from Council, repair the sidewalks and/or curb, in conformity with the requirements of the notice, in front of and/or alongside the property.

(Ord. 1984-1, 7/9/1984, §12-2002)

§12-203 Sidewalk and Curb Specifications.

1.    All sidewalks and curbs shall be constructed or reconstructed of concrete, according to specifications adopted by Council from time to time, and the sidewalk shall be paved to the width specified in the notice. The width shall be that set out in specific ordinances establishing width for individual streets, where ordinances shall have previously been enacted and shall remain in effect, or shall hereafter be enacted. Where there shall be no ordinance establishing the width for a sidewalk on any street, the Council may, at the time of ordering the construction or reconstruction of a sidewalk, determine the width to be paved and shall specify that width in the notice to construct or reconstruct.

2.    All sidewalks heretofore lawfully constructed of material other than concrete may be repaired of the same material, if council shall determine that the sidewalk in question is repairable, and is not in a condition requiring complete reconstruction.

3.    All sidewalks and curbs hereafter constructed, reconstructed or repaired shall conform to the grade and line established for them by Council, and the Borough shall furnish the property owner with the correct grade and line, without charge.

(Ord. 1984-1, 7/9/1984, §12-2003)

§12-204 Conditions for Construction, Reconstruction or Repair of Sidewalks and Curbs by Property Owners on Own Initiative.

Any property owner may, on his own initiative and without prior notice from council, construct, reconstruct or repair a sidewalk and/or curb in front of or alongside his property provided that: (A) he shall first make application to Council for a permit therefor, which shall be issued without charge; and (B) he shall conform to all the requirements of the law and of the permit and of this Article 2A that would have applied had he been required by Council to construct, reconstruct or repair the sidewalk or curb. Provided; in issuing the permit, Council shall specify the width, grade and lines of the paved sidewalk and/or curb, so as to conform with those of other sidewalks and curbs along the same block, or so as to establish those to which curbs and walks subsequently constructed along that block shall adhere.

(Ord. 1984-1, 7/9/1984, §12-2004)

§12-205 Sidewalks and Curbs along Corner Lots.

Whenever a sidewalk or curb shall be constructed or reconstructed along the front or side of a corner lot, either on notice from Council or at the discretion of the property owner, the property owner shall be required to continue the walk or curb beyond the corner of the lot for a distance of the width of the intersecting walk on the intersecting street, so that a continuous walk and/or curb shall be provided.

(Ord. 1984-1, 7/9/1984, §12-2005)

§12-206 Authority for Borough to Do Certain Work and Collect Cost, plus 10 Percent from Defaulting Property Owner.

Whenever any property owner shall fail, neglect or refuse to construct, reconstruct or repair any sidewalk or curb, following notice as referred to in §§12-201 or 12-202 within the time limit prescribed, the Borough shall have authority to cause the work of construction, reconstruction or repair, as the case may be, to be done, and shall collect the cost and expenses thereof, with an additional amount of 10 percent from the property owner in default. Similarly, when a sidewalk or curb shall be constructed, reconstructed or repaired otherwise than in strict conformity to the requirements of this Article 2A and/or any notice or permit issued pursuant thereto, and the property owner shall fail, neglect or refuse to remedy, complete or rectify the defective or incomplete work, following 10 days notice from Council to do so, the Borough shall have authority to cause any work done that shall be necessary for completion, remedy or rectification, and shall collect the costs and expenses thereof, with an additional amount of 10 percent from the property owner in default.

(Ord. 1984-1, 7/9/1984, §12-2006)

B.    Snow and Ice on Sidewalks

§12-211 “Sidewalk” Defined.

The word “sidewalk” when used in this Article 2B shall mean the walkway, either paved or unpaved, that is used or usable as a walkway for pedestrian travel, and that runs parallel, or approximately parallel, to the street that is used for vehicular traffic.

(Ord. 1984-1, 7/9/1984, §12-2021)

§12-212 Responsibility for Removing Snow, Ice and Slush from Sidewalks, or for Placing Abrasive Material.

The owner, occupant or tenant of every property fronting upon or alongside of any public street or road in the Borough shall remove or cause to be removed all snow, ice, slush or any combination of them from the sidewalk, including that portion of the driveway where the sidewalk crosses the driveway, for a minimum width of 3 feet, within 24 hours after the snow, ice, slush or any combination of them ceased to fall, unless the snow, ice, slush or combination of them is so hardened or frozen that it cannot be removed without injury to the sidewalk, in which latter event the owner, occupant or tenant shall place salt, sand or other abrasive material upon the snow, ice, slush or combination of it, within the time above provided. The owner of a property shall be responsible for conforming to the requirements of this Section where that property is occupied by that owner or is unoccupied or vacant, or is multi-business or multi-dwelling property occupied by more than one tenant or occupant, and tenant or occupant of a property shall be responsible for conforming to the requirements of this section where that property is occupied by that tenant or occupant only. Provided; the snow, ice or slush removed from a sidewalk shall not be placed on any street, road or gutter.

(Ord. 1984-1, 7/9/1984, §12-2022)

§12-213 Authority for Borough to Remove Snow, Ice and Slush or to Place Abrasive Material at Expense of Person in Default.

In any case where the owner, occupant or tenant fails, neglects or refuses to comply with any provision of §12-212 within the time limit prescribed in that Section, the Borough may, in its discretion, proceed immediately to clear the snow, ice, slush or any combination of them from the sidewalk, or to place salt, sand or other abrasive material, and to collect the expenses of that work, with any additional amount allowed by law, from that owner, occupant or tenant, as the case may be, which may be in addition to any fine or penalty imposed under §12-214.

(Ord. 1984-1, 7/9/1984, §12-2023)

§12-214 Penalty for Violation.

Any person, firm or corporation who shall violate any provision of this Article 2B, upon conviction thereof, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Article 2B continues or each Section of this Article 2B which shall be found to have been violated shall constitute a separate offense.

(Ord. 1984-1, 7/9/1984, §12-2024; as amended by Ord. 2009-1, 7/13/2009)

C.    Trees, Bushes and Shrubs along Streets and Sidewalks to Be Kept Trimmed

§12-221 Trimming.

All trees, bushes and shrubs shall be kept trimmed by the owners of the property on or in front of which they are located:

A.    So as not to interfere with the proper lighting of public streets and highways by the street lights.

B.    So that the minimum clearance of any public street or highway of any overhanging portion thereof shall be 14 feet. Provided; Council shall have the authority to designate a higher clearance on any public street or highway where heavy traffic or other conditions make it expedient.

C.    So as not to interfere with the pedestrian traffic on any sidewalks or footways of pedestrian traffic.

If any property owner neglects or refuses to trim any tree, bush or shrub as required by this Section, upon notice in writing from the Borough, within the time limit specified in the notice, the Borough may cause such trimming to be done at the expense of the property owner, and the entire cost thereof shall be a lien upon said premises, and a claim therefor shall be filed and collected by the Solicitor in the same manner as municipal claims are filed and collected.

(Ord. 197, 10/10/1966, §1)

§12-222 Penalty for Violation of Failure to Comply.

Any person, firm or corporation who shall violate any provision of this Article 2C, upon conviction thereof, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Article 2C continues or each Section of this Article 2C which shall be found to have been violated shall constitute a separate offense.

(Ord. 197, 10/10/1966, §2; as amended by Ord. 2009-1, 7/13/2009)