Alleys, Driveways & Retaining Walls

This web page outlines the procedures for having repairs made on alleys, driveways and/or retaining walls after receipt of a condemnation notice. This web page also briefly outlines the rights and obligations that citizens have on alleys, driveways and/or retaining walls. These procedures are set forth by the
 Pennsylvania State Legislature's Act of Assembly dated July 11, 1923.

YOUR RIGHTS AND OBLIGATIONS

Alleys, driveways and/or retaining walls are private property. They belong to you, the property owner; the City does not own or maintain them. It is your responsibility to maintain them in a safe and sanitary condition.

All abutting owners, generally, have the right to use the entire length of an alley way or driveway (This is written in your deed.)

All costs for repairs or reconstruction to an alleyway or driveway are shared by those property owners having deed rights and otherwise for the use of said alleyways, driveways, and retaining walls. Even if only parts of an alley, driveway or retaining wall need repair, all responsible property owners must share the cost of the repair.

CONDEMNATION NOTICE

A condemnation notice is issued when the following conditions, or combination of conditions, is found on an alley, driveway and/or retaining wall:

Defective drainage.

Paving broken, in a state of disrepair or having no paving.

Wall in a state of complete or partial collapse and/or in a state of disrepair.

The Health Department condemns conditions of this sort as adversely affecting the public health and welfare. A copy of the notice is sent to the Department of Streets, which then, as required by law, serves all abutting property owners with notices indicating that repairs must be within 30 days.

MAKING THE REPAIRS

The repair or reconstruction of an alley, driveway and/or retaining wall can be accomplished in one of two ways. If all the abutting owners get together, they can arrange to have a contractor do the reconstruction or repair for them directly. Should it be impossible for all the abutting owners to get together, then the City is authorized to do the work at the expense of the owners. Several locations are placed in one contract on which public bids are received.

REPAIR AND RECONSTRUCTION STANDARDS

All work must be accomplished in conformance with standard City specifications. The contractor must be registered with the City and be aware of all the pertinent regulations. The contractor must be under bond with the City to guarantee any work for two years after the work is completed.

RESPONSIBILITY FOR PAYMENT

All abutting property owners must pay a share of the cost of repairs for an alley or driveway regardless of the extent or actual location of the damage. Payment for each property owner is determined in proportion to the width of their properties abutting the alley or driveway. This principle also pertains to retaining walls.

The equitable sharing of costs is based on the premise that all property owners having deed rights, or having actual physical use other than deed use, of an alley or driveway, are responsible for their proportionate share of the costs, regardless if all or only partial reconstruction is required.

If the repair or reconstruction is part of a group contract that the Department of Streets advertised, the costs to each property owner will be determined by the District Surveyor who will prepare assessment bills against each property, based on the width of the properties.  The City receives no revenue for its services in preparing plans and advertising bids.

FOR ADDITIONAL INFORMATION

Call the Department of Streets Survey Bureau at 215-686-5636.