ORDINANCE NO

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1 C:\My Docs\Ma nor\manor Sidewa lk Construction & Repair & Snow & Ice Removal Ordi nancerev 31Aug 16 ORDINANCE NO AN ORDINANCE OF THE BOROUGH OF MANOR, WESTMORELAND COUNTY, PENNSYLVANIA, REPEALING ORDINANCES NO. 309 AND 390 OF THE BOROUOGH; ESTABLISHING PROCEDURES FOR THE MAINTENANCE, CONSTRUCTION, REPLACEMENT AND/OR REPAIR OF SIDEWALKS WITHIN THE BOROUGH OF MANOR; ESTABLISHING REGULATIONS FOR HAZARDOUS PRECIPITATAION REMOVAL ON SAID SIDEWALKS; AND PROVIDING FOR PENALTIES AND ENFORCEMENT FOR VIOLA TONS OF THE ORDINANCE. BE IT ORDAINED AND ENACTED, and it is hereby Ordained and Enacted by the Borough Council of the Borough of Manor, Westmoreland County, Pennsylvania, as follows: Section 1. Construction and Repair Required. A. It shall be the duty of all owners of property abutting or adjacent to any street, including state highways, to keep and maintain the sidewalk, driveway opening or apron and curb abutting or adjacent to such street or highway in good order, condition and repair in accord with the standards as established and prescribed from time to time by Resolution of Council. B. The Borough of Manor may require owners of property abutting or adjacent to any street, including state highways, to repair, replace, construct, pave, repave and keep in good repair the sidewalk, driveway opening or apron, curb and gutter along or adjacent to such property, at such grades and under such regulations as may be established and prescribed from time to time by Resolution of Council. C. Before any owner undertakes to construct, repair, replace, pave and/or repave any sidewalk, driveway opening and/or apron, the owner shall make application to the Borough upon a form provided by the Borough; and be issued a permit by the Borough for the work and activities to be performed. Fees for such application, permit and inspections shall be established and prescribed from time to time by Resolution of Council. Section 2. Suppo1is Under Sidewalks, Driveway Openings and Curbs. 1

2 C:\My Docs\Manor\Manor Sidewa lk Co nstruction & Repa ir & Snow & Ice Removal Ordinancerev 3 I Aug I 6 Where sidewalks, driveway openings or aprons or curbs are to be constructed, paved,, repaved, replaced or repaired over openings, chambers or other excavations, such sidewalks, driveway openings or aprons or curbs shall be supported by iron or steel beams, girders, stone or concrete arches. Any support of wood or perishable material is prohibited. Section 3. Conformity to Line and Grade. All sidewalks, driveway openings or aprons, curbs and gutters shall be constructed, paved, repaved, replaced or repaired, upon the line and grade obtained by the property owner from the Borough's authorized representative. Section 4. Notice To Do Work. Notice to construct, pave, repave, replace and repair sidewalks, driveway openings or aprons, curbs or gutters shall be given by registered or certified mail to abutting property owners, and such owners shall have thirty (30) days to comply with said notice in conformity with any construction specifications as established and prescribed from time to time by Resolution of Council. Section 5. Inspection. At any time during the performance of any required work, the Borough's authorized representative or the Borough Engineer may inspect the work to determine whether construction specifications, standards and regulations are being kept and observed. Section 6. Borough May Do Work and Collect Costs. Upon the failure of any property owner to construct, pave, repave, replace, repair, keep or maintain any sidewalk, driveway opening or apron, curb or gutter in compliance with notice to do so, the Borough may do the same or cause the same to be done, and upon the completion of the work, the cost shall be a charge against the owner of the property, and shall be a lien, until 2

3 C:\My Docs\Manor\Manor Sidewalk Construction & Repair & Snow & Ice Removal Ordinancerev 31Aug16 paid, upon said property; and further, the Borough may levy the cost of such work on such owner as a property lien and claim to be filed and collected in the manner provided by law for the filing and collection of municipal claims. The charge may also be collected from the property owner by action of assumpsit. Section 7. Emergency Repairs. Where in the opinion of the Borough's authorized representative a dangerous condition exists to any sidewalk, driveway opening or apron, curb or gutter that can be repaired, the Borough shall provide the abutting or adjacent property owner with a written notice, by registered or certified mail, setting forth the emergency repairs that are required. Upon failure, refusal or neglect of such owner to comply with the notice within fmiy-eight ( 48) hours after receiving the same, and where the actual cost of doing the work does not exceed one thousand dollars ($1,000) (as certified by the Borough's authorized representative ), the Borough may make or cause to be made such emergency repairs, and may levy and asses the cost of such work on such owner as a prope1iy lien and claim to be filed and collected in the manner provided by law for the filing and collection of municipal claims. The charge may also be collected from the property owner by action of assumpsit. The aforesaid certificate of the Borough's authorized repesentative shall be conclusive evidence of the existence of the emergency justifying the repair. Section 8. Construction and Repair Done on Owner's Initiative without Notice. Any property owner not required by notice to construct, pave, repave, replace or keep in repair sidewalks, driveway openings or aprons, curbs or gutters, may construct, pave, repave, replace or repair the sidewalk, driveway opening or apron, curb and gutter abutting his/her property; provided such owner shall make application to the Borough's authorized representative before commencing such work, shall perform said work in conformity with the provisions of this Ordinance and other regulations of the Borough concerning specifications, standards and regulations for construction, replacement and repair work; and shall notify the Borough's authorized representative in accord with such specifications, standards and regulations. Section 9. Hazardous Precipitation Removal 3

4 C:\My Docs\Manor\Manor Sidewa lk Construction & Repair & Snow & lee Removal Ordinancerev 31Aug16 Definitions. As used in this Ordinance, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context: CAR TWA Y portion of a street or highway improved, designed, or ordinarily used for vehicular travel, exclusive of the berm or shoulder. HAZARDOUS PRECIPITATION - snow, ice, sleet, freezing rain or similar precipitation or any combination thereof. PERSON - entity. natural person, partnership, corporation, association, or any other legal SIDEWALK - portion of a street between the curb lines, or the lateral lines of a cartway, and the adjacent property lines, designed, constructed or intended for use by pedestrians. STREET or HIGHWAY - shall mean and include any street, road, lane, court, cul-desac, alley, public way and public square, either used for or intended for public use, and shall include the cartway, sidewalk, gutter, and the right-of-way area, whether or not the street, or any part of the street, is owned in fee by others than the Borough. Section 10. Responsibility for Removal of Hazardous Precipitation from Sidewalks. Every person owning, occupying, in charge of or control of any property, building or lot of land fronting, adjacent to or abutting on an improved sidewalk, whether as owner, tenant, occupant, lessee, or otherwise, shall remove and clear away or cause to be removed or cleared away, hazardous precipitation, as well as any mud or other debris created by or from such hazardous precipitation, from such sidewalk so as to create a path of at least thitty inches (30") in width on said sidewalk as is in front of, adjacent to or abuts on said prope1ty, building or lot of land. A. Except as provided in subsection B hereof, hazardous precipitation shall be removed from sidewalks within twelve (12) hours after the cessation of any fall of hazardous precipitation. 4

5 C:\My Docs\Manor\Ma nor Sidewa lk Co nstruction & Repa ir & Snow & lee Remova l Ordinancerev 31Aug 16 B. In the event hazardous precipitation on a sidewalk has become of such a condition that removal of the same is likely to cause damage to the sidewalk, then the person responsible for its removal shall, within the time provided in subsection A hereof, undertake other measures to make pedestrian travel on the sidewalk reasonably safe; and shall, as soon thereafter as weather permits, cause to be cleared a path on said sidewalk of at least thirty inches (30") in width. Section 11. Responsibility for Removal from Roofs. Every person in charge or control of any property, building or other structure, whether as owner, tenant, occupant, lessee, or otherwise, shall remove and clear away, or cause to be removed and cleared away, any accumulation of hazardous precipitation on said property, building or other structure which is liable to fall onto any sidewalk, street or other public property. Such work shall be completed within a reasonable time, but not later than twelve (12) hours after the cessation of any hazardous precipitation. Section 12. Depositing of Hazardous Precipitation Restricted. A. No person shall deposit or cause to be deposited any hazardous precipitation on or immediately next to a fire hydrant or on any sidewalk, street, or loading and unloading areas of a public transportation system. A violation of this provision shall constitute a public nuisance. B. Hazardous precipitation may be pushed, placed or mounded by the Borough on public cartways incident to the cleaning thereof or pushed, placed or mounded on curbs incident to the clearing of sidewalks in business districts of the Borough. Section 13. Penalties and Enforcement. A. Any person who shall violate any provision of this Ordinance, including the provisions of any Resolution adopted by the Borough Council pursuant to the provisions of this Ordinance, shall, upon conviction thereof, be sentenced to pay a fine of not more than Six hundred dollars ($600.00), and, upon failure to pay said fine, to imprisonment for a term not to exceed thirty (30) days. Each day that a violation continues shall constitute a separate offense. 5

6 C:\My Docs\Manor\Manor Sidewalk Construction & Repair & Snow & Ice Removal Ordinancerev 31Aug 16 B. In addition to the penalties set forth in subsection A, above, the Borough may enforce the provisions of the Ordinance and the provisions of any Resolution adopted by the Borough Council pursuant to the provisions of this Ordinance by an action in equity commenced in the Court of Common Pleas of Wetmoreland County. Section 14. Severability. If any word, phrase, section, sentence, clause or part of this Ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, invalidity or illegality shall not affect or impair any of the remaining words, phrases, sections, sentences, clauses or parts of this Ordinance. It is hereby declared to be the intent of the Borough Council of the Borough of Manor that this Ordinance would have been adopted had such unconstitutional, illegal or invalid word, plu ase, section, sentence, clause or part thereof not been included therein. Section 15. repealed. General Repealer. All ordinances or parts of ordinances inconsistent with this ordinance are hereby 6

7 C:\My Docs\Manor\Manor Sidewa lk Construction & Repair & Snow & Ice Removal Ordinancerev J I Aug 16 ORDAINED AND ENACTED by The Council of The Borough of Manor this 19th day of October, THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY. BOROUGH OF MANOR ATTEST: Secretary-Treasurer Approved this 19th day of October, ATTEST: Secretary-Treasurer 7

8 C:\My Docs\Manor\Manor Sidewa lk Construction & Repair & Snow & fee Removal Ordinancerev 31Aug 16 CERTIFICATION I, Joseph L. Lapia, duly qualified Secretary-Treasurer of the Borough Council of the Borough of Manor, Westmoreland County, Pennsylvania, do hereby ce1iify that the foregoing Ordinance No is a true and correct copy of the original Ordinance No duly passed and adopted by a majority vote of the Borough Council of the Borough of Manor at a duly advertised and convened rygular meeting held on the 19th day of October, 2016, and that the minutes of said meeting showing how each member voted have been duly recorded in the official minutes of said Borough Council and remains in effect as of this date. IN WITNESS WHEREOF, I affix my hand and attach the seal of the Borough of Manor, this 19th day of October, Certified to by: v Joseph L. Lapia Secretary-Treasurer 8