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Ordinance amending the City of Pittsburgh Code of Ordinances Title Four: - Public Places and Property; Article I: - Public Right-of-Way; Chapter 417 Pavement Protection; by inclusion of new Section 417.08 Sidewalk and Curb Repair Program, to authorize the Directors of the Department of Mobility and Infrastructure and the Department of Public Works to develop and implement a program to provide options and incentives for property owner sidewalk repair and maintenance in lieu of prosecution.
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WHEREAS, pursuant to the City of Pittsburgh Code of Ordinances § 417.02, it is the duty of the property owner abutting or adjoining the public right-of-way to provide for the continuing care, maintenance, repair, and replacement of all sidewalk pavements and curbing installed in the right-of-way abutting or adjoining their property; and
WHEREAS, the City understands a large portion of sidewalks in the City are currently in need of repair or replacement by adjacent property owners; and
WHEREAS, it is in the public interest to have safe and well-maintained public sidewalks in operation within the City of Pittsburgh; and
WHEREAS, the City, through the Department of Mobility and Infrastructure (“DOMI”) and the Department of Public Works (“DPW”) desires to develop a program (“Program”) to provide assistance to property owners for repair and/or replacement of adjacent sidewalk and curbing, at the property owner’s expense, in lieu of prosecution for failure to properly maintain said adjacent sidewalk and curbing; and
WHEREAS, due to the scale and magnitude of the potential Program, the City wishes to initially begin efforts through a pilot that will designate certain areas of the City for attention based on need, cost, and other criteria; and
WHEREAS, the City wishes to authorize implementation of the pilot Program along with appurtenant agreements and fees.
The Council of the City of Pittsburgh hereby enacts as follows:
Section 1. Title Four: - Public Places and Property; Article I: - Public Right-of-Way; Chapter 417 Pavement Protection of the Pittsburgh Code of Ordinances is hereby amended to include new Section 417.08 Sidewalk and Curb Repair Program, as follows:
§ 417.08 - SIDEWALK AND CURB REPAIR PROGRAM.
(a) The Directors of the Department of Mobility and Infrastructure and the Department of Public Works are authorized to develop and implement a limited pilot program entitled the Sidewalk and Curb Repair Program.
(b) The intent of the Sidewalk and Curb Repair Program is to provide assistance to property owners in their compliance obligations under Section 417.02, in lieu of prosecution for violations arising from Section 417.02.
(c) The Sidewalk and Curb Repair Program shall not relieve a property owner of any responsibility or obligation of Section 417.02, or any cost or expense of fully complying with Section 417.02.
(d) The Director of the Department of Mobility and Infrastructure is authorized to promulgate regulations, charge fees and costs, and enter into agreements with eligible property owners necessary for the advancement of the Sidewalk and Curb Repair Program.
(e) The Sidewalk and Curb Repair Program may at the discretion of Department of Mobility and Infrastructure include an opportunity for eligible property owners to apply for an income-based forgiveness of some or all charged fees and costs.
(f) The authorizations under this Section 417.08 shall be in effect for twelve months following the effective date of this Ordinance. Within three months after the expiration hereunder, the Director of the Department of Mobility and Infrastructure shall present to Council a report on the effectiveness of the Sidewalk and Curb Repair Program including but not limited to the amount of sidewalk and curbing repaired along with costs expended and recovered. Thereafter, Council may by resolution reauthorize the Sidewalk and Curb Repair Program for such time as determined by Council.