[Adopted 3-30-1993 by Ord. No. 93-04 (Ch. 21, Part 4, of
the 1992 Code)]
The following terms, when used in this article, shall have the
meanings ascribed to them in this section, except in those instances
where the context clearly and unequivocably indicates otherwise:
Curbs and sidewalks which have cracks, breaks or missing
pieces, are heaving or settling, have an unacceptable wearing course
or do not conform to the established line and grade.
That portion of the driveway extending from the point of
curb depression at the road line to the sidewalk.
Conforms to the established line and grade, free from cracks,
breaks or missing pieces, and having an acceptable wearing course.
Any person, group of persons or legal entity which has legal
title to a property located in the Township of Middletown.
Township of Middletown, County of Bucks, Commonwealth of
Pennsylvania.
[Amended 5-17-1994 by Ord. No. 94-07]
The owners of all properties located in the Township of Middletown
shall maintain, repair and keep in good condition all curbs, sidewalks
and driveway aprons extending on or along the side or sides of their
property bordering on public roads or rights-of-way owned by the Township
of Middletown or the Commonwealth of Pennsylvania for the full length
and distance of their property's frontage on such road or right-of-way.
It is specifically provided that the fact that such curb, sidewalk
or driveway apron may be located within the public right-of-way shall
not exonerate the owner of private land bordering on such right-of-way
from his/her duty to maintain such improvements.
In the event that any deteriorated curb, sidewalk, driveway
apron or portion thereof, in need of repair or replacement borders
or is adjacent to a road or highway owned by the Commonwealth of Pennsylvania,
the Township shall comply with all state regulations and requirements
that may be applicable prior to the enforcement of this article.
If the Township determines that a deteriorated curb, sidewalk
or driveway apron, or any portion thereof, needs repair or replacement
because it constitutes, in the opinion of the responsible Township
officer, a danger or a hazard to pedestrians or otherwise a threat
to the public safety, the Township shall notify the property owner
by certified mail to repair or replace any deteriorated curbs, sidewalks
or driveway aprons within 60 days of receipt of said letter.
[Amended 5-17-1994 by Ord. No. 94-07; 6-23-1998 by Ord. No. 98-08]
Any person, firm or corporation who shall violate any provision
of this article or property owner who fails to repair or replace deteriorated
curbs, sidewalks or driveway aprons within 60 days after receiving
notice from the Township to do so, upon conviction thereof in an action
brought before a Magisterial District Judge in the manner provided
for the enforcement of summary offenses under the Pennsylvania Rules
of Criminal Procedure, shall be sentenced to pay a fine of not less
than $100 plus costs for the first violation. Unless the owner shall
pay said fine and costs and come into compliance with this article
within 30 days after conviction of the first violation, he shall be
subject to an additional fine of not less than $250 plus costs without
further notice from the Township. After conviction of the second violation,
the owner shall have a final period of 30 days to pay the fine or
fines and costs and to come into compliance or be subject to an additional
fine of not more than $1,000 plus costs and, in default of payment
of said fine and costs, to a term of imprisonment not to exceed 90
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.
This article shall not replace the procedure or requirements
used by the Township in its annual road replacement program.
