Sidewalk Ordinances
§ 105-3. Obstructions prohibited. [Amended 8-6-2012 by Ord. No. 2012-2]
No person or persons shall place, keep or cause to be placed or kept upon any sidewalk or footwalk in the Borough of Seven Valleys anything which will restrict or impair pedestrians using the sidewalk or footwalk or anything which will alter or inhibit water flow on or from the sidewalk or footwalk.
§ 105-5. Violations and penalties. [Added 11-6-1989 by Ord. No. 89-2]
Any person, corporation, partnership, company, or other entity who shall violate the provisions of this article shall, upon conviction before a District Justice, be sentenced to pay a fine of not less than $50 nor more than $600, together with the costs of prosecution, and in default thereof, be sentenced to imprisonment in the York County Prison for a period of not more than 30 days.
The owner, occupant or tenant of every property situate in the Borough of Seven Valleys, York County, Pennsylvania, is hereby required to remove or cause to be removed from all of the sidewalks and walkways abutting such property, all snow thereon fallen or ice thereon formed within 24 hours after the snow shall have ceased to fall or the ice shall have formed.
The snow or ice shall be removed to a width of not less than two feet and shall not be placed in streets, alleys, gutters, crosswalks, cartways or on or around fire hydrants.
§ 105-11. Minimum standards for vegetation over sidewalks.
No property owner owning property within the Borough of Seven Valleys shall allow any tree, bush or other vegetation to protrude over or overhang any sidewalk within the Borough so that there would be less than 10 vertical feet clearance from the surface of the sidewalk to said tree, bush or other vegetation.
In areas of the Borough where there are no sidewalks, such tree, bush or other vegetation shall not protrude over or overhang the area from the edge of the cartway a distance of six horizontal feet back from said cartway so that there would be less than 10 vertical feet clearance from the ground to said tree, bush or other vegetation.
§ 105-12. Blocking of streetlights prohibited.
No property owner owning property within the Borough of Seven Valleys shall allow any tree, bush or other vegetation to grow under or around any streetlight within the Borough so as to block illumination of the streetlight to the sidewalk or street within the area of the streetlight.
Any tree, bush or other vegetation that is growing closer than 10 vertical feet or five horizontal feet to a streetlight shall be conclusively presumed to be blocking the illumination of said streetlight to the sidewalk or street in the general vicinity of said streetlight.
§ 105-17. Sidewalk construction.
Whenever the Committee determines that a sidewalk, curb or gutter along any public street should be constructed or repaired, it shall be the responsibility of the owner of the property abutting on such public street to construct such sidewalk, curb or gutter along such property in accordance with the specifications and regulations set forth in this part.
§ 105-19. Sidewalk specifications.
Any sidewalk hereafter constructed within the Borough of Seven Valleys shall be concrete material at least four inches in depth and a width to be established by the Committee by taking into account the width of adjoining sidewalks, if any, and other special conditions, including but not limited to safety for pedestrians in a particular location.
The cross slope of the sidewalks shall not exceed 1/4 inch per foot of width except as specifically granted in the building permit authorizing the construction or repair.
Any such deviation from this specification shall only be permitted by the Borough Engineer in order to meet special conditions which cannot be otherwise accommodated.
§ 105-24. Notice of construction or repair.
A written notice shall be sent by certified mail to the owners of property who are required to construct or repair a sidewalk, curb or gutter notifying them that they have 90 days from the date of the notice to complete the required construction or repair.
If the required construction or repair is not completed within such ninety-day period, the Borough may cause the work to be done and charge the owners for the costs of the work and an additional 10% of such costs to cover the Borough’s cost of administering the work.
Such amount shall be paid by the owners upon receipt of an invoice for the same and shall bear interest at the rate of 6% per annum commencing 10 days from the date of the invoice.
In default of payment by the owners, the Borough shall file a municipal claim against the property benefited or collect the same by a civil action.
If the owners cannot be notified by certified mail, the notice required by this section shall be posted on the premises.
§ 105-26. Economic hardship.
If the required construction or repairs would be an economic hardship to the property owner, the Committee is specifically authorized to enter into an agreement whereby the Borough would cause the construction or repair to be done and have a municipal lien filed therefor and the property owner would repay the Borough in accordance with a payment schedule decided upon by the Committee.
§ 105-29. Violations and penalties.
If the owner of the premises fails to complete the construction or repairs as required by the notices or constructs or repairs a sidewalk, curb or driveway which is not in accordance with the construction specifications contained herein or the Borough Construction and Materials Specifications, the owner may be prosecuted for violating this article and, upon conviction, shall be sentenced to pay a fine of not more than $600, plus costs of prosecution, and in default of such fine and costs to imprisonment for not more than 30 days.
Each period of 60 days after the date of the second notice as required by § 105-24 of this article in which the required construction or repair is not completed shall be a new violation of this article.