PUBLIC NOTICE Notice of Intent to Adopt Ordinances on final reading by the City Council of the City of Meadville. Notice is hereby given that on Wednesday, July 17, 2013 at a Regular meeting, bills proposing the adoption of the following proposed ordinances were introduced to and considered by City Council of the City of Meadville on first and second reading. Notice is further given that the City Council of the City of Meadville intends to consider the said proposed ordinances on third and final reading at its Regular meeting scheduled for Wednesday, August 7, 2013 at 4:00 P.M. in the Council Chambers at the Meadville City Building, 894 Diamond Park, Meadville, Pennsylvania. The proposed ordinances may be finally passed at that time. BILL NO. 6 OF 2013 CITY OF MEADVILLE CRAWFORD COUNTY, PENNSYLVANIA AN ORDINANCE OF THE CITY OF MEADVILLE, CRAWFORD COUNTY, PENNSYLVANIA, TO AMEND AND REENACT ARTICLE 745, THE STREET AND SIDEWALK CODE, OF THE MEADVILLE MUNICIPAL CODE OF THE CITY OF MEADVILLE. BE IT ORDAINED AND ENACTED by the Council of the City of Meadville, Crawford County, Pennsylvania, and it is hereby ordained and enacted by and with the authority of the same as follows: Section 1. Amendment of Article 745 entitled Street and Sidewalk Code. Article 745 of the Meadville Municipal Code Entitled Street and Sidewalk Code is hereby amended and reenacted in its entirety to read as follows: Article 745.01 Short title. This article shall be known and cited as the Street and Sidewalk Code of the Meadville Municipal Code. Article 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. Article 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. Article 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. Article 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 applicants property. Article 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 (7) 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 Managers or his designees consideration of each of the following factors: (1) Location of schools. (2) Pedestrian school childrens 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. Article 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. Article 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. Article 745.09 Damaging or marking sidewalks. No person shall willfully and maliciously damage or mark, or cause to be damaged or marked, any sidewalk. Article 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. Article 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. Article 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. Article 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. Article 745.14 Enforcement proceedings. Enforcement proceedings may be instituted by the Code Official for Sections 745.02 through 745.06 and by the City Police for Sections 745.07 through 745.12. Repealer. All ordinances and parts of ordinances inconsistent herewith are hereby repealed. Severability. Should any section, part or provision of this Ordinance be declared by appropriate authority to be unlawful or unconstitutional, all other terms, conditions, provisions and parts hereof, and of any Code of which this Ordinance may be or may be considered to be part, shall continue in full force and effect as if the provision declared to be unlawful or unconstitutional had been omitted as of the date of final enactment hereof. Effective Date. The provisions of this Ordinance shall become effective at 12:01 AM, prevailing time, on the 21st day after the date of final passage and enactment. BILL NO. 7 OF 2013 CITY OF MEADVILLE CRAWFORD COUNTY, PENNSYLVANIA AN ORDINANCE OF THE CITY OF MEADVILLE, CRAWFORD COUNTY, PENNSYLVANIA, TO AMEND AND REENACT ARTICLE 1721, THE PROPERTY MAINTENANCE CODE, OF THE MEADVILLE MUNICIPAL CODE OF THE CITY OF MEADVILLE. BE IT ORDAINED AND ENACTED by the Council of the City of Meadville, Crawford County, Pennsylvania, and it is hereby ordained and enacted by and with the authority of the same as follows: Section 1. Amendment of Article 1721 entitled Property Maintenance Code. Article 1721 of the Meadville Municipal Code Entitled Property Maintenance Code is hereby amended to include the following sections, and to read as follows: Article 1721.33 Standard of maintenance and mandatory compliance for public sidewalks. A. All public sidewalks in the City of Meadville shall be maintained in accord with such 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. B. Upon determining that a sidewalk does not comply with the standards promulgated in accord with subsection (A) of this section, the code official or his designee is hereby authorized to issue orders complying with the notice requirements in this code to the owners of properties upon which or adjacent to which said sidewalks exist requiring that such sidewalks be repaired or replaced in a manner which causes said sidewalks to comply with such standards. C. If the property owner fails or refuses to take action to correct the sidewalk condition in accordance with an order issued pursuant to this section, the City is hereby authorized to cause the same to be repaired by the City or a contractor hired by the City as necessary to bring it into compliance with the standards promulgated in accordance with subsection (A) of this section. The cost of such remedial action and all expenses incidental thereto together with a penalty of 10 percent of the costs may be collected from the owner or other person responsible for the premises in any manner permitted by law. In addition, a municipal lien or claim in the amount of the costs, related expenses, and penalties may be filed against the premises which were in violation. In addition, the City may pursue any and all other lawful remedies for the violation, including prosecution of the offense in accordance with the procedures pursuant to Section 1721.13 of this Code. Article 1721.34 Roof water running over or dripping on sidewalk prohibited. No owner of any building or part thereof shall permit water from the roof, eaves or spouting of such building or part thereof to run over, or drip or flow upon or over any sidewalk or street in the City. Repealer: All ordinances and parts of ordinances inconsistent herewith are hereby repealed. Effective Date. The provisions of this Ordinance shall become effective at 12:01 AM, prevailing time, on the 21st day after the date of final passage and enactment. Introduced This 17th day of July , A.D., 2013 Second Reading This 17th day of July, A.D., 2013 CITY OF MEADVILLE John Christopher Soff, Mayor Attest: Andrew J. Walker, City Clerk 07/27/13
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