Article 745
STREET AND SIDEWALK CODE
Sections:
745.02 Sidewalks mandatory along certain streets and parts of streets.
745.04 Permit required to install or replace.
745.06 Initial procedure for request to remove or require sidewalks.
745.07 Obstructions prohibited.
745.09 Damaging or marking sidewalks.
745.10 Sidewalk openings or projections.
745.11 Playing on streets – Throwing articles.
745.12 Broken glass or injurious substances.
745.14 Enforcement proceedings.
Prior legislation: Ords. 3209 and 3225.
745.01 Short title.
This article shall be known and cited as the street and sidewalk code of the Meadville Municipal Code. (Ord. 3717 § 1, 2013; Ord. 2903, 1976)
745.02 Sidewalks mandatory along certain streets and parts of streets.
All persons owning property abutting on those streets and parts of streets set forth upon Schedule A, which is the official sidewalk map of the City of Meadville and is hereby incorporated and made a part of this article by reference, shall install sidewalks along the full length of those portions of the properties which abut such streets and parts of streets. (Ord. 3717 § 1, 2013; Ord. 2903, 1976)
745.03 Sidewalk standards.
No person shall install or replace any sidewalk abutting any street in the City of Meadville except in conformity with standards as are, from time to time, promulgated by the city manager and approved by city council. Copies of current sidewalk standards shall be on file and available to the public in the office of the city manager or his designee. (Ord. 3717 § 1, 2013; Ord. 2903, 1976)
745.04 Permit required to install or replace.
No person shall install or replace any sidewalk abutting any street in the City of Meadville without first having obtained a permit from the office designated by the city manager. (Ord. 3717 § 1, 2013; Ord. 2903, 1976)
745.05 Sidewalk removal.
(A) Sidewalks Shall Not Be Removed. No person shall remove any sidewalk abutting any street in the City of Meadville except as hereinafter provided.
(B) City Council May Permit Removal of Sidewalks. Upon application by the owner of any property abutting any street in the City of Meadville, and after obtaining the recommendation of the city manager or his designee, city council may, by resolution or ordinance, permit the removal of sidewalks from the applicant’s property. (Ord. 3717 § 1, 2013; Ord. 2903, 1976)
745.06 Initial procedure for request to remove or require sidewalks.
(A) Application. Any person who desires city council to permit the removal of or require the installation of sidewalks upon land abutting any city street shall make application therefor at the office of the city manager or his designee upon a form prescribed by the city manager.
(B) Requirements for Processing Request. The city manager or his designee shall process all applications filed upon proper forms; provided, that if any application seeks permission to remove sidewalks in any of the following situations, the following additional materials must be filed with the application before any action is taken thereon:
(1) Dead End Streets. Written consent to the proposed removal signed by all persons who own and all persons who occupy properties which:
(a) Are on the same side of the street as the property affected by the application; and
(b) Have sidewalks; and
(c) Are located between the site of the proposed removal and the dead end of the street.
(2) Streets with Partial Sidewalks. Written consent to the proposed removal signed by all persons who own and all persons who occupy properties which:
(a) Are on the same side of the street as the property affected by the application; and
(b) Have sidewalks abutting the street; and
(c) Which are located within the same block as the site of the proposed removal.
(C) Procedure. Upon receipt of any application together with all supplemental data required by this code, the city manager or his designee shall forthwith schedule a public hearing upon any such application within 30 days of his receipt of the said materials. The city manager or his designee shall further cause public notice of the time, place and subject matter of each scheduled hearing by one publication in a newspaper of general circulation in the city at least seven days before the date of the hearing.
(D) Hearings. The city manager or his designee shall make full inquiry into the facts and circumstances surrounding each application. The city manager or his designee shall hear and make note of such comment as any person may desire to make regarding the application.
(E) Recommendation to City Council. Within 30 days of each hearing, the city manager or his designee shall make a written recommendation thereupon to city council. Such recommendations shall fully describe the property in question, the nature of the application, the identity and comments of each person who appeared at the public hearing and the recommendation for action. Each such recommendation shall note the city manager’s or his designee’s consideration of each of the following factors:
(1) Location of schools.
(2) Pedestrian school children’s existing traffic patterns and volume.
(3) Location of commercial, institutional, industrial and other pedestrian traffic generators.
(4) Existing general pedestrian traffic patterns and volume of general pedestrian traffic.
(5) Sidewalks on one side only or both sides and the percentage, by number and front footage, of properties in the same block and along the same street which have sidewalks.
(6) Sidewalks in suburban type residential developments.
(7) Volume of vehicular traffic.
(8) Maximum permitted speed for vehicular traffic.
(9) Topography or special features.
(10) Lack of pedestrian or vehicular traffic.
(F) Recommendations of the city manager or his designee shall be filed in the office of the city clerk. The city clerk shall, upon receipt of any recommendation, forthwith forward a copy thereof to each member of city council and place the recommendation on the agenda of the next public city council meeting which is at least 14 days from the date upon which copies of the recommendation were mailed to the members of council.
(G) Nothing contained herein shall be construed to limit city council from instituting proceedings in accordance with this section to remove or require sidewalks. (Ord. 3717 § 1, 2013; Ord. 2903, 1976. Formerly 745.08)
745.07 Obstructions prohibited.
No person, firm or corporation shall place or permit the placement of any obstructions, including such things as boxes, agricultural products or packing materials, bales, barrels, or other articles of merchandise, lumber, coal, wood, ashes, building materials, or any other article or thing whatever, reasonably deemed by the city to constitute an obstruction, in or upon any of the sidewalks or other portions of streets, lanes or alleys in the city. However, this section shall not be construed to apply to the temporary placing of the above enumerated articles or things upon any sidewalks, street, lane or alley, by the owner, tenant or lawful occupant of the abutting premises for a length of time reasonably necessary to the receipt or delivery of such articles or things. Any person, firm or corporation may, at any time, obtain permission under the provisions of existing ordinances to occupy portions of the streets, alleys and sidewalks of the city for the purpose of placing building materials thereon. (Ord. 3717 § 1, 2013; Ord. 2903, 1976. Formerly 745.11)
745.08 Sliding prohibited.
No person shall engage in the sport of riding or sliding on any street or sidewalk, when the same is covered with snow or ice, on any sled or other similar device. (Ord. 3717 § 1, 2013; Ord. 2903, 1976. Formerly 745.12)
745.09 Damaging or marking sidewalks.
No person shall willfully and maliciously damage or mark, or cause to be damaged or marked, any sidewalk. (Ord. 3717 § 1, 2013; Ord. 2903, 1976. Formerly 745.13)
745.10 Sidewalk openings or projections.
No person shall construct any cellar door stairs, steps, passageway or opening of any kind, or any porch, piazza, veranda or any other projection from a building in any sidewalk, public street, alley or highway in the city without written approval of the city manager or his designee. However, scuttles and skylights may be placed in sidewalks, but in every case they shall be secured in accordance with applicable codes, including but not limited to the Pennsylvania Uniform Construction Code, Americans with Disabilities Act and the Meadville Property Maintenance Code. (Ord. 3717 § 1, 2013; Ord. 2903, 1976. Formerly 745.15)
745.11 Playing on streets – Throwing articles.
No person shall play ball or any other game or amusement upon any of the public streets, alleys or highways, or throw any ball, dart, arrow, other instrument of sport, stone, missile or any other substance whatever across or into any public street, alley or highway. (Ord. 3717 § 1, 2013; Ord. 2903, 1976. Formerly 745.16)
745.12 Broken glass or injurious substances.
No person shall place, leave, or allow to remain on the sidewalks, streets, alleys or places of public travel in the city any broken glass, nails or other sharp substances liable to be injurious to persons, animals or vehicles. (Ord. 3717 § 1, 2013; Ord. 2903, 1976. Formerly 745.17)
745.13 Penalties.
If any person shall violate a provision of this code, or shall fail to comply with any of the requirements of this code, or shall fail to comply with an order issued by the city manager, his designee or the code official, the city is hereby authorized to:
(A) Have the said violation corrected by the city or a contractor hired by the city. The cost of such remedial action and all expenses incidental thereto, together with a penalty of 10 percent of the costs plus attorneys’ fees, may be collected from the owner or other person responsible for the premises in any manner permitted by law.
(B) File a municipal lien or claim in the amount of the costs, related expenses, and penalties against the premises which were in violation.
(C) Prosecute the offense as a summary criminal violation, punishable by a fine of up to $1,000 for any violation which remains uncorrected following written notice of such violation for the city manager or his designee.
(D) Pursue any and all other lawful remedies for the violation. (Ord. 3717 § 1, 2013; Ord. 2903, 1976. Formerly 745.99)
745.14 Enforcement proceedings.
Enforcement proceedings may be instituted by the code official for MMC 745.02 through 745.06 and by the city police for MMC 745.07 through 745.12. (Ord. 3717 § 1, 2013)