Township of Warminster, PA Part 1 Construction and Maintenance

§ 21-101 Definitions.

[Ord. 279, 2/3/1975, § 3:501; as amended by Ord. 578, 6/13/2002, § 1]

The following words when used in this Part 1 shall have the meanings ascribed to them in this section unless the context clearly indicates otherwise:

DRIVEWAY APRONS

The ramp area between the curb and house side of sidewalk at all driveway locations.

PUBLIC STREET

Any street which has been formally accepted by the Township and recorded as such in the office of the Clerk of Courts, Criminal Division, in Bucks County, Pennsylvania.

SIDEWALKS

That area located within the street right-of-way line intended and designed primarily for pedestrian travel, which may have been constructed of concrete, brick or bituminous material.

§ 21-102 Applicability.

[Ord. 279, 2/3/1975, § 3:502]

The provisions of this Part 1 shall apply to all streets, sidewalks, curbs and driveway aprons presently in place and all those hereafter to be constructed within the Township of Warminster.

§ 21-103 Responsibility for construction and repair; enforcement; violations and penalties.

[Ord. 279, 2/3/1975, § 3:503; as amended by Ord. 542, 5/6/1997, §§ I, II; and by Ord. 578, 6/13/2002, § 1]

1. It shall be the primary duty and responsibility of each person who owns, leases, or otherwise occupies premises abutting or adjoining a public street to maintain and repair the sidewalk, curb and driveway aprons of his property.

2. Every owner, lessee or occupier of premises abutting on a public street shall repair the sidewalks, curbs or driveway aprons on his property upon 30 days notice from the Township of Warminster to make such repairs in the manner stipulated in such notice.

3. All construction, reconstruction and repair of sidewalks, curbing and driveway aprons, whether pursuant to notice from the Township or otherwise, shall be done only in accordance with rules and regulations prepared by the authorized representatives of the Department of Licenses and Inspections and/or Public Works and approved by the Board of Supervisors from time to time. Before any construction, reconstruction or repair may be commenced, whether being done pursuant to notice from the Township or otherwise, a permit must be obtained from the office of the authorized representatives of the Department of Licenses and Inspections and/or Public Works for which a fee to be established from time to time by resolution of the Board of Supervisors, must be paid, except that any minor repair may be made without the necessity of obtaining a permit or paying a fee so long as a citation referring to the work has not been issued.

[Amended by Ord. 737, 1/19/2017]

4. The rules and regulations presently in existence, as prepared by the authorized representatives of the Department of Licenses and Inspections and/or Public Works, are hereby adopted as the standards for construction, reconstruction and repair of sidewalks, curbs and driveway aprons within the Township, and the authorized representatives of the Department of Licenses and Inspections and/or Public Works and Township Engineer are hereby empowered to periodically review, modify and amend such rules and regulations, all of which will be done with the approval of the Board of Supervisors.

[Amended by Ord. 737, 1/19/2017]

5. Should any person fail to comply with a notice to repair within the allowed thirty-day period, the Township may proceed to do the necessary work and charge the expense thereof against the owner, lessee or occupier of the premises. The Township is hereby authorized to file a municipal lien for the cost of the work, plus 10%, against the property owner or, in lieu thereof, to collect the same by an action of assumpsit.

6. Any notice required to be given pursuant to this section may be given by service upon the owner by certified mail or in person, or, if the owner is not a resident of the Township, the notice may be given upon his agent or tenant or upon the occupant of the premises by personal service. If service cannot be made by any of the aforementioned means, then service by notice posted on the premises shall suffice.

7. It shall be the duty of the owner, lessee or occupier of premises to see to it that all sidewalks, curbing and driveway aprons located on his property shall be kept in a safe and usable condition, free from litter, debris, cracks, holes or obstructions.

8. The right of the Township to order the construction of sidewalks and to assess the cost thereof against the abutting property owners is specifically reserved and in no way affected by this section.

9. Construction, reconstruction and repair of sidewalks and curbs by the Township; expense. The Board of Supervisors may construct, reconstruct and repair any sidewalk and curb in the Township. When the Board of Supervisors constructs, reconstructs or repairs any sidewalk or curb pursuant to this Part 1, the expense thereof shall be paid by the abutting property owners in proportion to their frontage, but no owner shall be liable for the cost of construction of the sidewalk or curb in an amount greater than 15% of the assessed valuation of the abutting property. Any expense above the maximum liability of abutting property owners shall be paid by the Township.

10. Filing assessments. All assessments for costs levied under this Part 1 shall be filed with the Township Treasurer and collected pursuant to the following regulations:

A. The Township Treasurer shall give 30 days' notice that the assessments are due and payable. The notice shall state the due date to each party assessed and shall be served by mailing it to the owner of the property.

B. If any assessment remains unpaid 90 days or more after the due date, it shall be turned over to the Township Solicitor for collection by means of an action in assumpsit for recovery or a municipal lien filed against the property of the delinquent owner for the amount of the unpaid assessment, plus 10% as set forth in Subsection 5 above, plus 1 1/2% interest per month from the date the assessment was due. If an owner has two or more lots against which there is an assessment for the same year, the lots shall be embraced in one claim.

C. Upon receipt of payment of assessments, the Township Treasurer shall deposit the assessment in a separate account, to be paid out only for expenses incurred in providing the construction, reconstruction or repair of sidewalks or curbs. Each special assessment account shall be audited by the Board of Auditors of the Township.

11. Any person, firm or corporation who shall violate any provision of this Part 1, 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 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 Part 1 continues or each section of this Part 1 which shall be found to have been violated shall constitute a separate offense.