Applewold City Zoning Code
CHAPTER 150
STREETS, SIDEWALKS, AND PUBLIC WAYS
§ 150.001 DEFINITIONS.
For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
APPLICANT. Any person who makes application for a permit.
BOROUGH. The Borough of Applewold, County of Armstrong, Commonwealth of Pennsylvania.
EMERGENCY. Any unforeseen circumstances or occurrences, the existence of which constitutes a clear and immediate danger to persons or properties.
MUNICIPAL AUTHORITY. Any body corporate and politic created pursuant to the laws of the commonwealth.
PERMITTEE. Any person who has been issued a permit and has agreed to fulfill all the terms of this subchapter.
PERSON. Includes any natural person, partnership, firm, association, utility, corporation, or authority created pursuant to an act of the Pennsylvania General Assembly. Whenever used in any section prescribing and imposing a penalty, the term PERSON, as applied to associations, shall mean the partners or members thereof, and as applied to corporations, the officers thereof.
PUBLIC UTILITY COMPANY. Any company subject to the jurisdiction of and control by the State Public Utility Commission.
STREET. Includes a public street, public easement, public right-of-way, public highway, public alley, public way, or public road accepted or maintained by the borough.
SUPERINTENDENT. The Chairperson of the Maintenance Committee of the Borough Council or a responsible agent or agency employed by the Council for the purposes of enforcing the provisions of this subchapter.
(Prior Code, § 21-101) (Ord. 81, passed 11-23-1981)
§ 150.002 PERMIT REQUIRED.
It shall be unlawful for any person to make any tunnel, opening, or excavation of any kind in or under the surface of any street without first securing a permit from the borough for each separate undertaking. Provided however, any person maintaining pipes, lines, or other underground facilities in or under the surface of any street may proceed with an opening without a permit when emergency circumstances demand the work to be done immediately, provided the permit could not reasonably and practically have been obtained beforehand. The person shall thereafter apply for a permit on the first regular business day on which the office of the Superintendent is open for business and said permit shall be retroactive to the date when the work was begun. In all cases where emergency openings are necessary, the Borough Police Department shall be notified prior to such opening.
(Prior Code, § 21-102) (Ord. 81, passed 11-23-1981) Penalty, see § 150.999
§ 150.003 LIMIT OF WORK.
No person to whom a permit has been granted shall perform any of the work authorized by such permit in any amount greater than that specified in the permit, except that upon approval by the Superintendent, additional work may be done under the provisions of the permit in such an amount as the Superintendent shall deem appropriate and necessary to complete the work. Any deposit and bond posted in connection with the permit shall be deemed to cover any such additional work as may be approved pursuant to this section within the limit mentioned herein.
(Prior Code, § 21-103) (Ord. 81, passed 11-23-1981) Penalty, see § 150.999
§ 150.004 WORK TO START WITHIN TIME LIMIT.
Work for which a permit has been issued shall commence within ten days after the issuance of the permit therefor. If not so commenced, the permit shall be automatically terminated unless the permittee applies to the Superintendent for an extension of time within which to commence work. If such an extension is granted, the original permit shall remain in force for the period of time specified in the extension. Permits which terminate within ten days after issuance or within any extension of time granted by the Superintendent may be renewed only upon the payment of an additional permit fee as originally required.
(Prior Code, § 21-104) (Ord. 81, passed 11-23-1981)
§ 150.005 PERMITS NOT TRANSFERABLE.
Permits are not transferable from one person to another, and the work shall not be made in any place other than the location specifically designated in the permit.
(Prior Code, § 21-105) (Ord. 81, passed 11-23-1981) Penalty, see § 150.999
§ 150.006 EXPIRATION/EXTENSION.
(A) Every permit shall expire at the time stated in the permit. If the permittee should not complete the work within the specified time, he or she shall, prior to expiration of the permit, present in writing to the Superintendent a request for an extension of time, setting forth therein the reasons for the requested extension.
(B) If, in the opinion of the Superintendent, such an extension is necessary and not contrary to the public interest, the permittee may be granted additional time for the completion of the work.
(Prior Code, § 21-106) (Ord. 81, passed 11-23-1981)
§ 150.007 OPENINGS MADE BY BOROUGH.
(A) All street openings required by utilities owned and/or operated by the borough shall be made and restored under the direction and supervision of the Superintendent.
(B) The permit, fee, deposit, insurance, and bond requirements of this subchapter shall not be applicable to any openings made by such municipally owned and/or operated utilities.
(Prior Code, § 21-107) (Ord. 81, passed 11-23-1981)
§ 150.008 EXCEPTION.
The provisions of this subchapter shall not be applicable in those instances where the highway is maintained by the commonwealth or by the county.
(Prior Code, § 21-108) (Ord. 81, passed 11-23-1981)
§ 150.009 STREET USE CONSISTENT WITH PERMIT.
Every permit shall be granted subject to the right of the borough or of any other person to lawfully use the street for any purpose not inconsistent with the permit.
(Prior Code, § 21-109) (Ord. 81, passed 11-23-1981)
§ 150.010 REVOCATION OF PERMIT.
(A) Any permit may be revoked by the Superintendent, after notice to the permittee, for:
(1) Violation of any condition of the permit or of any provision of this subchapter;
(2) Violation of any provision of any other applicable ordinance or law relating to the work; or
(3) Existence of any condition or the doing of any act constituting or creating a nuisance or endangering life or property.
(B) A permittee shall be granted a period of three days from the date of the notice to correct the violation and to proceed with the diligent prosecution of the work authorized by the permit before said permit is revoked. Written notice of any such violation or condition shall be served upon the permittee or his or her agent engaged in the work. The notice shall contain a brief statement of the reasons for revoking the permit. Notice may be given either by personal delivery thereof to the person to be notified or by certified or registered United States mail addressed to the person to be notified.
(C) (1) When any permit has been revoked and the work authorized by the permit has not been completed, the Superintendent shall do such work as may be necessary to restore the street or part thereof to as good a condition as before the opening was made.
(2) All expenses thereby incurred by the borough shall be recovered from the deposit or bond the permittee has made or filed with the borough.
(Prior Code, § 21-110) (Ord. 81, passed 11-23-1981)
§ 150.011 APPLICANT’S DUTIES.
It shall be the duty and responsibility of any applicant to:
(A) Make written application for such permit with the Superintendent on such form as he or she shall prescribe. No work shall commence until the Superintendent has approved the application and plan and issued a permit and until the permittee has paid and provided all fees, deposits, certificates, and bonds required by subchapter;
(B) Furnish in triplicate a plan showing the work to be performed under said permit. Two copies of such plan shall be returned to the applicant at the time the permit is granted; and
(C) Agree to save the borough, its officers, employees, and agents, harmless from any and all costs, damages and liabilities which may accrue or be claimed to accrue by reason of any work performed under said permit. The acceptance of any permit under this subchapter shall constitute such an agreement by the applicant whether the same is expressed or not.
(Prior Code, § 21-111) (Ord. 81, passed 11-23-1981)
§ 150.012 PERMIT HOLDER’S DUTIES.
It shall be the duty and responsibility of any person receiving a permit to:
(A) Pay a permit fee of $10;
(B) Make a deposit to cover the cost of inspecting the work authorized by the permit, unless excepted from such requirements by other provisions contained herein;
(C) Furnish a performance bond as required by this subchapter, unless excepted from such requirement;
(D) Furnish a certificate of insurance as required by this subchapter, unless excepted from such requirement;
(E) Keep the original copy of the permit and an approved copy of the plan at all times while such work is in progress at the location for which said permit was granted and show such permit and/or plan upon demand by the borough highway or police authorities; and
(F) Provide adequate security for the protection of existing municipal water lines and other utility service lines to insure against any damage to water lines occasioned by permittee’s excavation for a period of five years from the date of completion of the work.
(Prior Code, § 21-112) (Ord. 81, passed 11-23-1981) Penalty, see § 150.999
§ 150.013 OPENINGS/EXCAVATIONS.
(A) No opening or excavation in any street shall extend beyond the center line of the street before being backfilled and the surface of the street temporarily restored.
(B) No more than 100 feet measured longitudinally shall be opened in any street at any one time.
(C) All utility facilities shall be located sufficiently ahead of trench excavation work to avoid damage to those facilities and to permit their relocation, if necessary.
(D) Pipe drains, pipe culverts, or other facilities encountered shall be protected by the permittee.
(E) Any person whose facilities are damaged or caused to be relocated by the permittee may make the necessary repairs or relocation and file a claim against the permittee with the borough for the cost of such repairs or relocation. Public utility companies concerned shall be notified by the borough in sufficient time to determine the validity of the damage or relocation claims. The cost of such repair or relocation work may be held by the Superintendent from the deposit pending determination of liability for the damage.
(F) Monuments of concrete, iron, or other lasting materials set for the purpose of locating or preserving the lines of any street or property subdivision, or a precise survey reference point or a permanent survey bench mark within the borough shall not be removed or disturbed or caused to be removed or disturbed unless permission to do so is first obtained in writing from the Superintendent. Permission shall be granted only upon condition that the permittee shall pay all expenses incident to the proper replacement of the monument.
(G) When work performed by the permittee interferes with the established drainage system of any street, provision shall be made by the permittee to provide proper drainage to the satisfaction of the Superintendent.
(H) When any earth, gravel, or other excavating material is caused to roll, flow, or wash upon any street the permittee shall cause the same to be removed from the street within 24 hours after deposit. In the event the earth, gravel, or other excavated material so deposited is not removed, the Superintendent shall cause such removal and the cost incurred shall be paid by the permittee or deducted from his or her deposit.
(I) Every permittee shall place around the project such barriers, barricades, lights, warning flags, or danger signs as shall be determined by the Superintendent to be necessary for the protection of the public. Barricading shall be in compliance with the regulations set forth in the Commonwealth of Pennsylvania, Department of Highways, Traffic Engineering Bureau’s “Specifications for Control and Protection of Traffic on Construction and Maintenance Projects,” Bulletin 43 (1961 Edition), and any future revisions thereto. Additional safety requirements may be prescribed by the Superintendent. Whenever any person fails to provide or maintain the safety devices required by the Superintendent, such devices shall be installed and maintained by the borough, with the amount of the costs thereof being paid by the permittee. No person shall willfully move, remove, injure, destroy, or extinguish any barrier, warning light, sign, or notice erected, placed, or posted in accordance with the provisions of this subchapter.
(J) Access to private driveways shall be provided except during working hours when construction operations prohibit provision of such access. Free access must be provided at all times to fire hydrants.
(K) Excavated materials shall be laid compactly along the side of the trench and kept trim so as to cause as little inconvenience as possible to public travel. If the street is not wide enough to hold the excavated material without using part of the adjacent sidewalk, the permittee shall keep a passageway at least one-half the sidewalk width, open along such sidewalk line.
(L) Work authorized by a permit shall be performed between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday, unless the permittee obtains written consent from the Superintendent to do the work at an earlier or later hour.
(M) In granting any permit, the Superintendent may attach such conditions thereto as may be reasonably necessary to prevent damage to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance.
(Prior Code, § 21-113) (Ord. 81, passed 11-23-1981) Penalty, see § 150.999
§ 150.014 BACKFILLING/INSPECTIONS.
(A) All pavement cuts, openings, and excavations shall be properly made, backfilled, and temporarily surfaced by the permittee according to borough specifications.
(B) The Superintendent must be notified by the permittee during the 48-hour period preceding beginning of backfilling of the date and approximate time at which backfilling will be begun.
(C) The work of the final restoration, including both paving surface and paving base, shall be performed by the permittee according to borough specifications.
(D) After excavation is commenced, the work of making and backfilling the same shall be prosecuted with due diligence.
(E) The Superintendent shall make such inspections as he or she may deem necessary of all work authorized by a permit. The Superintendent is empowered to provide a full-time inspector if necessary to ensure compliance with the provisions of this subchapter.
(F) The permittee shall notify the Superintendent in writing upon completion of all work accomplished under the provisions of the permit. A certificate of final inspection shall be issued by the Superintendent to each permittee no sooner than one year after the permanent restoration of the excavation has been made, provided the work authorized by the permit has been performed according to borough specifications. Prior to the issuance of a certificate, the Superintendent shall make a final inspection of the restoration to determine whether borough specifications have been adhered to.
(G) If any settlement in a restored area occurs within a period of one year from date of completion of the permanent restoration, any expense incurred by the borough in correcting such settlement shall be paid by the permittee or recovered from his or her bond, unless the permittee submits proof satisfactory to the Superintendent that the settlement was not due to defective backfilling.
(H) In no case shall any opening made by a permittee be considered in the charge or care of the borough, or any of its officers or employees, and no officer or employee is authorized in any way to take or assume any jurisdiction over any such opening, except in the exercise of the police power, when it is necessary to protect life and property.
(Prior Code, § 21-114) (Ord. 81, passed 11-23-1981) Penalty, see § 150.999
§ 150.015 DEPOSIT.
(A) The Superintendent, upon receipt of a properly completed application, shall determine the amount of the deposit to be made by the permittee in accordance with a schedule of charges hereinafter provided; provided however, that the minimum amount of the deposit shall be $100. The deposit shall be paid at the time the permit is received, and the deposit shall be used to reimburse the borough for the cost of any work and/or materials furnished by it in connection with the work authorized by the permit, to cover all necessary inspections of said work, and for any other purpose set forth in this subchapter.
(B) The Borough may elect to waive this requirement insofar as it pertains to a public utility company if such company files with the borough its corporate bond in a form satisfactory to the Borough Solicitor, conditioned upon the payment to the borough of all costs which would otherwise be covered by and paid out of such a deposit. In the event any public utility company elects to file such a bond, the borough shall bill such company monthly for such costs as it accrues. Deposit may be either in the form of a certified treasurer’s or cashier’s check, or lawful money of the United States, or by bond, as set forth in this division (B).
(C) If any deposit is less than sufficient to pay all costs, the permittee shall, upon demand, pay to the borough an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency, the borough may institute an action to recover the same in any court of competent jurisdiction. Until such deficiency is paid in full, no additional permits shall be issued to such permittee.
(Prior Code, § 21-115) (Ord. 81, passed 11-23-1981)
§ 150.016 SCHEDULE OF CHARGES.
The Superintendent shall establish and maintain a schedule of charges for inspections, labor, materials, and such other expenses as may be incurred by the borough in meeting the requirements of this subchapter. In developing the schedule, the Superintendent shall be guided by the prevailing costs in the area for labor, materials, and equipment. The Superintendent shall revise the schedule of charges periodically to reflect any increase or decrease in costs used to establish such charges.
(Prior Code, § 21-116) (Ord. 81, passed 11-23-1981)
§ 150.017 REFUND.
Upon notification by the permittee that all work authorized by the permit has been completed, and after restoration of the opening, and after issuance of the certificate of final inspection, the Superintendent shall refund to the permittee his or her deposit, less all costs incurred by the borough in connection with said permit. In no event shall the permit fee be refunded.
(Prior Code, § 21-117) (Ord. 81, passed 11-23-1981)
§ 150.018 BOND.
(A) Each applicant, upon the receipt of a permit, shall provide the borough with an acceptable corporate surety bond or, if the applicant so desires, a cash bond to guarantee faithful performance of the work authorized by a permit granted pursuant to this subchapter. The amount of the bond shall be 100% of the estimated cost of restoring the street opening. The term of the bond shall begin upon the date of posting thereof, and shall terminate upon the receipt by the permittee of a certificate of final inspection from the Superintendent.
(B) Whenever the Superintendent shall find that a default has occurred in the performance of any term of condition of the permit, written notice thereof shall be given to the principal and to the surety on the bond. Such notice shall state the work to be done, the estimated cost thereof, and the period of time deemed by the Superintendent to be reasonably necessary for the completion of the work. After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, indemnify the borough for the cost of doing the work as set forth in the notice.
(Prior Code, § 21-118) (Ord. 81, passed 11-23-1981)
§ 150.019 INSURANCE.
(A) Each applicant, upon the receipt of a permit, shall provide the borough with an acceptable certificate of insurance indicating that he or she is insured against claims for damages for personal injury, as well as against claims for property damage, which may arise from or out of the performance of the work, whether such performance be by himself or herself, his or her subcontractor, or anyone directly or indirectly employed by him or her.
(B) Such insurance shall cover collapse, explosive hazards, and underground work by equipment on the street, and shall include protection against liability arising from completed operations. Such insurance shall further provide coverage for a period of five years after the work is completed, insuring against damage resulting from the disturbance of other pipe lines and underground facilities. The amount of the insurance shall be prescribed by the Superintendent in accordance with the nature of the risk involved. A public utility company or municipal authority may be relieved of the obligation of submitting such a certificate if it submits satisfactory evidence that it is insured or has adequate provisions for self-insurance, in accordance with the requirements of this subchapter.
(Prior Code, § 21-119) (Ord. 81, passed 11-23-1981) Penalty, see § 150.999
§ 150.030 CONSTRUCTION AND REPAIR REQUIRED.
The Council of the borough may require owners of property abutting on any street, including state highways, to construct, pave, repave, and keep in good repair the sidewalk, curb, and gutter along such property, at such grades and under such regulations as may be prescribed by ordinance.
(Prior Code, § 201) (Ord. 87, passed 10-7-1985)
§ 150.031 CONSTRUCTION MATERIALS.
Any construction, paving, repaving, or repairing of sidewalks and curbs as provided in § 150.030 shall be done with the use of concrete in a thickness of not less than four inches.
(Prior Code, § 202) (Ord. 87, passed 10-7-1985) Penalty, see § 150.999
§ 150.032 CONFORMITY TO LINE AND GRADE.
All sidewalks, curbs, and gutters shall be constructed, paved, repaved, or repaired upon the line and grade obtained by the property owner from the Borough Engineer.
(Prior Code, § 203) (Ord. 87, passed 10-7-1985) Penalty, see § 150.999
§ 150.033 NOTICE TO DO WORK.
Notice to construct, pave, repave, and repair sidewalks, curbs, or gutters shall be given by registered or certified mail to abutting property owners, and such owners shall have 30 days to comply with said notice in conformity with any construction specifications prescribed by this subchapter.
(Prior Code, § 204) (Ord. 87, passed 10-7-1985)
§ 150.034 INSPECTION.
At any time during the performance of the required work, the Borough Engineer may inspect the work to determine whether construction specifications are being observed.
(Prior Code, § 205) (Ord. 87, passed 10-7-1985)
§ 150.035 AUTHORITY OF BOROUGH TO PERFORM WORK AND COLLECT COSTS.
Upon the failure of any property owner to construct, pave, repave, or maintain any sidewalk, curb, or gutter in compliance with notice to do so as set forth in § 150.033, the borough may do the same or cause the same to be done and may levy the cost of its work on such owner as a property lien to be collected in the manner provided by law.
(Prior Code, § 206) (Ord. 87, passed 10-7-1985)
§ 150.036 EMERGENCY REPAIRS.
(A) Where in the opinion of the Borough Council a dangerous condition exists that can be repaired by an expenditure of $100, the borough shall send such property owner notice by registered or certified mail stating emergency repairs are required.
(B) Upon failure of such owner to comply with the notice within 48 hours after receiving it, the borough may make emergency repairs and levy the cost of its work on such owner as a property lien to be collected in the manner provided by law.
(Prior Code, § 207) (Ord. 87, passed 10-7-1985)
§ 150.037 CONSTRUCTION AND REPAIR DONE ON OWNER’S INITIATIVE WITHOUT NOTICE.
Any property owner not required by notice to construct, pave, repave, or keep in repair sidewalks, curbs or gutters, may construct, pave, repave, or repair the sidewalk, curb, and gutter abutting his or her property; provided, however, that such owner shall make application to the Borough Engineer before commencing work, shall conform to the provisions of this subchapter and other regulations as to specifications for construction and repair work, and shall notify the Engineer within two days after completion of his or her work.
(Prior Code, § 208) (Ord. 87, passed 10-7-1985) Penalty, see § 150.999
§ 150.050 DEFINITIONS.
For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
OWNER. Any person vested with ownership, legal or equitable, sole or partial, of any improved property.
PERSON. Any individual, firm, corporation, association, or company. Any PERSON owning, occupying, or using any property within the borough.
SIDEWALKS. Portion of a street between the curb line or the lateral lines of a cartway, and the adjacent property lines intended for use by pedestrians.
STREET or HIGHWAY. The entire width between the boundary lines of a way publicly maintained when any part thereof is opened to the use of the public for purposes of vehicular travel.
(Prior Code, § 301) (Ord. 88, passed 10-7-1985)
§ 150.051 RESPONSIBILITY FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS.
(A) Every person in charge or control of any building or lot of land fronting or abutting on a paved sidewalk, whether as owner, tenant, occupant, lessee, or otherwise, shall remove and clear away or cause to be removed or cleared away snow and/or ice from a path of at least 30 inches in width from so much of said sidewalk as is in front of or abuts on said building or lot of land.
(B) The owner of a property shall be responsible for conforming to the requirements of this section where such property is occupied by such owner or is unoccupied or vacant, or where such property is a multiple business or multiple dwelling property occupied by more than one tenant or occupier.
(C) The occupant or tenant of a single unit leased property occupied only by said tenant or occupier shall be responsible for performing to the requirements of this section.
(D) In the event snow and/or ice on a sidewalk has become so hard that it cannot be removed without likelihood of damage to the sidewalk, the person charged with its removal shall, within the time hereinabove mentioned, cause enough sand or other abrasive to be put on the sidewalk to make travel reasonably safe; and shall, as soon thereafter as weather permits, cause to be cleared a path in said sidewalk of at least 30 inches in width.
(Prior Code, § 302) (Ord. 88, passed 10-7-1985) Penalty, see § 150.999
§ 150.052 RESPONSIBILITY FOR REMOVAL FROM ROOFS.
Every person in charge or control of any 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 snow and ice on said building or other structure which is liable to fall on any sidewalk, street, or highway, or other public way. Such work shall be completed within 24 hours after the cessation of any fall of snow, sleet, or freezing rain.
(Prior Code, § 303) (Ord. 88, passed 10-7-1985) Penalty, see § 150.999
§ 150.053 AUTHORITY FOR THE BOROUGH TO REMOVE SNOW AND ICE AND IMPOSE CHARGES THEREFOR.
In any case where the owner, occupant, or tenant shall fail, neglect, or refuse to comply with any of the provisions for the removal of snow and ice from the sidewalk as set forth in § 150.051 within the time limit prescribed therein, the borough may proceed immediately to clear all snow and/or ice from the sidewalks and to collect the expense for said removal, together with a 10% charge, from such owner, occupant, or tenant. The cost imposed under this section for the removal of snow may be in addition to any fine or penalty imposed for the failure to remove snow and ice from sidewalks as hereinafter provided.
(Prior Code, § 304) (Ord. 88, passed 10-7-1985) Penalty, see § 150.999
§ 150.065 DEFINITIONS.
The word PERSON, as used in this subchapter, shall mean and include any natural person, partnership, association, firm, or corporation. The singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
(Prior Code, § 25-101) (Ord. 83, passed 12-6-1982)
§ 150.066 BOROUGH COUNCIL TO ACT AS SHADE TREE COMMISSION.
The Borough Council hereby elects to assume the duties and responsibilities of a Shade Tree Commission in accordance with Borough Code enacted Act 2014-37, being 8 Pa.C.S. §§ 2720 et seq.
(Prior Code, § 25-102) (Ord. 83, passed 12-6-1982)
§ 150.067 PERMIT REQUIRED.
A permit is required before any tree within the rights-of-way of borough streets can be cut down or planted. An application for said permit may be obtained from the Borough Secretary.
(Prior Code, § 25-103) (Ord. 83, passed 12-6-1982)
§ 150.068 RESTRICTIONS ON PLANTING AND GROWING OF CERTAIN TREES.
It shall be unlawful for any person to plant, maintain, or allow to grow the trees commonly referred to as “weeping willow” and “cottonwood” within the lines of any street, alley, or sidewalk in the borough, or within 100 feet of any public sewer or water line. Existing trees with a height of ten feet or more are exempted from this provision.
(Prior Code, § 25-104) (Ord. 83, passed 12-6-1982) Penalty, see § 150.999
§ 150.069 CLEARANCE ABOVE STREET AND SIDEWALK.
Every owner of property in the borough shall be required to keep limbs and branches of all trees growing upon such property or along the street, sidewalk, curb, or alley abutting upon such property trimmed so that no part of such limbs or branches or of the foliage growing thereupon shall have a clearance of less than eight feet above the surface of the sidewalk or of less than 14 feet above the surface of the roadway of any street or alley.
(Prior Code, § 25-105) (Ord. 83, passed 12-6-1982) Penalty, see § 150.999
§ 150.070 REMOVAL AND TRIMMING OF TREES.
It shall be the responsibility of property owners in the borough to conform to the requirements of this subchapter as to trees upon property owned by them, or along streets, alleys, and sidewalks abutting upon such property, and, upon notice from the Borough Council, to remove any tree or trees growing in violation of § 150.068, and to trim or cut the branches or limbs of trees as required by § 150.067. Any person failing to comply with any such notice, within the time limit stated therein, shall be guilty of a violation of this subchapter and, following the expiration of such time limit, the Borough Council shall have the authority to cause the work required by such notice to be done by the municipality or under contract therewith, and to collect the cost of such work, with an additional amount of 10% from such property owner in default.
(Prior Code, § 25-106) (Ord. 83, passed 12-6-1982) Penalty, see § 150.999
§ 150.999 PENALTY.
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) Any owner, occupant, or tenant who shall fail to remove any snow or ice from the sidewalk as required by § 150.051 shall, upon conviction thereof, be sentenced to pay a fine of not more than $10 and costs of prosecution, and in default of payment of such fine and costs, may be sentenced to imprisonment for a period not to exceed five days. Each day that a violation continues shall constitute a separate sentence.
(Prior Code, § 305)
(C) Any person, firm, or corporation who shall violate any provision of §§ 150.065 through 150.070 shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 together with costs of prosecution, or to imprisonment for a term not to exceed 30 days.
(Prior Code, § 25-107)
(Ord. 83, passed 12-6-1982; Ord. 88, passed 10-7-1985)