Hamburg Borough Council amended Part 8 of the Property Transfer Use and Occupancy Certificate ordinance on Aug. 22 which establishes rules and regulations upon the transfer of a property in the Borough of Hamburg.
“This is just amending certain portions of the existing ordinance in place. So basically it’s just clarifying some of the rules,” said Hamburg Borough Solicitor Michael J. Gombar, Jr., Esquire.
Gombar said there were very minor changes made for clarity and there is nothing substantively different in comparison to when the ordinance was adopted in 2008.
“The general scope of (the ordinance) is with respect to some of the sidewalk and curb requirements,” he said.
“We’re hearing rumors about when you sell a property you have to put in curbing and you have to put in sidewalks in the area we live in and it’s up to either the owner or the buyer of the property,” said Hamburg resident Patricia DeLong.
“The Borough does have certain regulations regarding the installation of sidewalks and curbs upon the transfer of a property. That is a requirement of the transfer. Whether its the responsibility of the buyer or the seller that depends on how the real estate transaction works.”
Gombar said that requirement has been effective since 2008.
“How come some people are exempt and others are not?” asked DeLong’s husband, Kerry.
“You can apply for a variance, if the property is too steep and is not suitable for people to walk on,” said Jeanette Heckman, Council Vice President. “Some of the other variances are if there is no curbing in now you don’t have to put in a sidewalk.”
Kerry said there is no consistency with the variances.
Patricia asked why sidewalks were required on their street when so few people walk there.
“I don’t understand the purpose of them is,” said Patricia.
“To be perfectly honest, I agree with you,” said Heckman.
“So why do you have an ordinance making people do it?” asked Patricia.
“I’m not the only person who decides on ordinances,” said Heckman.
“She is one of seven,” said Council member Joshua Youpa. “The town has to be accessible to everyone including those in wheelchairs. I know the Borough has been threatened with lawsuits because wheelchair accessible people have not been able to get to areas of the Borough where there’s no sidewalks.”
In an effort to try to address this, the sidewalk requirement was put into effect in 2008.
“If that’s the case, then let’s be consistent in applying all requirements to all property owners,” said Kerry. “Not some here and some there. Because right now you have inconsistencies and it seems to me that there’s going to continue to be inconsistencies as far as the application of the sidewalks.”
“I believe the Attorney General put something in the state in 2014 and after that is when we began enforcing it because now legally we have to,” said Youpa.
Gombar said the Pennsylvania State Attorney has been doing inspections throughout the state.
“We should be consistent throughout,” repeated Kerry, noting that Williams Street does not have sidewalks.
Council member Jeffrey Adam explained further his understanding of the sidewalk requirements.
“To my understanding, we all have our own opinion, certain conditions which would apply to Williams, because there is no curbing, which means a line and grade is needed to install curbing. Instead of making one person pay for a whole street of line and grade, a new ownership on streets that do not have existing lining and grade are being told that if the Borough ever wants to redo the street you will be forced to put in sidewalk and curbing once line and grade is established,” said Adam. “So it’s being passed as a you could be asked to do this. If line and grade is established in the street with curbing, to my knowledge, a sidewalk should be installed.”
The amendments to Part 8 of the Property Transfer Use and Occupancy Certificate ordinance was unanimously approved. Council member Lindsay Adam was not present.
In other news, Council approved that $86,052.21 from the Street Cuts Fund be transferred to the General Fund for contractor payment to Landis C. Deck & Sons for paving completed on North 3rd Street, as recommended by the Road Committee.
Council also authorized Borough Council President Martha Bertolet execute the improvement agreement and stormwater maintenance agreement for the Manderbach Ford development at Grand Street, on the condition that the owner post the appropriate financial security.
In other news, Council approved, with regret, the resignation of Karen Fister from the Hamburg Library Board. Fister served on the Library Board for more than 15 years. Her resignation took effect immediately.
Borough Council meets regularly on the 4th Monday of every month at 7 p.m. in the Council Chambers of the Hamburg Municipal Center, 61 North 3rd Street, 2nd Floor, Hamburg. The next meeting will be Sept. 26.
