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Township of Upper Southampton, PA
Bucks County
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Table of Contents
Table of Contents
[Adopted as Ch. 21, Part 3, of the 1986 Code]
[Amended 3-18-2003 by Ord. No. 356]
The Township may require owners of property abutting on any street, including state highways, to construct, pave, repave, clean and keep in good repair the sidewalk, curb and gutter along such property, at such grades and under such regulations as may be prescribed.
[Added 3-18-2003 by Ord. No. 356]
Construction standards shall be as adopted by resolution of the Board of Supervisors.
Where sidewalks or curbs are to be constructed, paved, repaved or repaired over coal cellars or other excavations, such sidewalks shall be supported by iron or steel beams, girders, stone or concrete arches. Any support of wood or perishable material shall be prohibited.
All sidewalks, curbs and gutters shall be constructed, paved, repaved, or repaired, upon the line and grade obtained by the property owner from the Township Engineer.
[Amended 3-18-2003 by Ord. No. 356]
Notice to construct, pave, repave, clean and repair sidewalks, curbs or gutters shall be given by registered or certified mail to abutting property owners, and such owners shall have 30 days to comply with said notice in conformity with any construction specifications prescribed. For the purposes of this section, a curb or sidewalk, or portion thereof shall be considered in a deteriorated, damaged, displaced or dangerous condition if any of the following conditions exist: One of the two adjoining curb or sidewalk sections has been displaced such that the elevation differential between them is 1/2 inch or greater, i.e., heaved, settled, or leaning; the sidewalk has displaced from its original location 1/2 inch per foot higher than the related curb; the curb or sidewalk is cracked; the curb or sidewalk surface is pitted, scored or weathered; or the curb or sidewalk surface contains extensive quantities or exposed aggregate.
At any time during the performance of the required work, the Township Engineer may inspect the work to determine whether construction specifications are being observed.
Upon the failure of any property owner to construct, pave, repave, clean or maintain any sidewalk, curb or gutter in compliance with notice to do so, the Township may do the same or cause the same to be done, and may levy the cost of its work on such owner as a property lien to be collected in the manner provided by law.
[Amended 3-18-2003 by Ord. No. 356]
Where in the opinion of the Township Manager or designee a dangerous condition exists that can be repaired by an expenditure in an amount as set from time to time by resolution of the Board of Supervisors, the Township shall send such property owner notice by registered or certified mail stating emergency repairs are required. Upon failure of such owner to comply with the notice within 72 hours after receiving it, the Township may make emergency repairs, and levy cost of its work on such owner as a property lien to be collected in the manner provided by law.
Any property owner not required by notice to construct, pave, repave or keep in repair sidewalks, curbs or gutters, may construct, pave, repave or repair the sidewalk, curb and gutter abutting his property; provided that such owner shall make application to the Township Manager or his designee before commencing work, shall conform to the provisions of this article and other regulations as to specifications for construction and repair work and shall notify the Engineer within two days after completion of his work.
[Added 3-18-2003 by Ord. No. 356; amended 6-19-2012 by Ord. No. 414]
Any violation of this article shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and/or to imprisonment for a term not to exceed 10 days. Each day that a violation of this article continues, or each section of this article which shall be found to have been violated, shall constitute a separate offense. For purposes of this section, the doing of any act or thing prohibited by any provision of this article, or the failure to do any act or thing as to which any provision of this article creates an affirmative duty, shall constitute a violation of this article punishable as herein stated.