[Adopted 8-6-1986 by Ord. No. 1986-09]
All curbs and sidewalks currently in existence
shall be maintained in a good and safe condition.
Curbs and sidewalks not in a good and safe condition
are hereby declared to be public nuisances.
A.
Should the Township determine that a curb and/or sidewalk
is not in a good and safe condition, then the Township shall give
written notice to the owner or owners to repair the curb and/or sidewalks
within 60 days of the date of the notice to repair.
B.
The notice shall be mailed by first class mail to
the owner's last known address.
A.
If the curb and/or sidewalk is not repaired in accordance
with the terms of the notice, the Board of Supervisors shall hold
a hearing and shall give written notice of the hearing to the owner
or owners to appear before the Board on the date specified in the
notice to show cause why the curbs and/or sidewalks shall not be repaired
in accordance with the notice.
B.
At the hearing the owner or owners, or any person
alleging that the curb and/or sidewalk is a public nuisance, shall
be allowed to present testimony.
A.
After said hearing, the Board of Supervisors shall
make written findings of fact from the testimony offered and issue
an adjudication.
B.
After the hearing, should the Board of Supervisors
determine that the curb and/or sidewalk is not in a good and safe
condition and is, in fact, a public nuisance, they shall order the
owner or owners to repair the curb and/or sidewalk within 30 days
of the date of the adjudication.
Any curbs and/or sidewalks repaired under the
terms of this article either by the owner or owners of the property
or by the Supervisors should such owner or owners refuse to repair
the curb and/or sidewalk shall be repaired in accordance with the
specifications for sidewalks and curbs set forth in Exhibit A which
is attached hereto, made a part hereof, and incorporated by reference
herein.[1]
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
If the owner or owners fail to comply with the notice and order to repair the curb and/or sidewalk, the Board of Supervisors is empowered to cause such curb and/or sidewalk to be repaired and to cause the cost of such repair, together with a penalty of 10%, to be charged against the land on which the curb and/or sidewalk is located as a municipal lien or to recover such costs in a suit at law against the owner or owners. This penalty shall be in addition to the remedies provided in § 189-22.
[Amended 2-7-2007 by Ord. No. 2007-02]
Any person, firm or corporation who shall refuse
to repair the curb and/or sidewalk, after the same has been declared
a public nuisance and after the expiration of the 30 days' written
notice of the date of the written findings of fact and decision of
the hearing, shall, upon conviction in a summary proceeding brought
before a Magisterial District Judge under the Pennsylvania Rules of
Criminal Procedure, be guilty of a summary offense and shall be punishable
by a fine of not less than $100 nor more than $1,000, plus costs of
prosecution. In default of payment thereof, the defendant may be sentenced
to imprisonment for a term not exceeding 90 days. Each day or portion
thereof that such violation continues or is permitted to continue
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense.
