[Ord. 328, 12/4/1996, § 501]
For purposes of this Part, "sidewalk" is defined as a portion
of land or right-of-way that is graded, improved or used by pedestrians.
[Ord. 328, 12/4/1996, § 502]
All property owners of land abutting a sidewalk or abutting
a strip of land containing a sidewalk have the responsibility and
liability to keep same in a state of good repair and at such grade
as shall be required by the Township Code Enforcement Officer.
[Ord. 328, 12/4/1996, § 503]
Where a sidewalk or curb is to be paved, repaved or repaired
over a void or an excavation, such sidewalk shall be supported by
iron or steel beams, girders, stone or concrete arches. Any support
of wood or perishable material shall be prohibited.
[Ord. 328, 12/4/1996, § 504]
Notice to pave, repave and repair sidewalks shall be given by
registered or certified mail to abutting property owners and such
owners shall have 20 days to comply with said notice in conformity
with any construction specifications prescribed by the Township Code
Enforcement Officer.
[Ord. 328, 12/4/1996, § 505]
At any time during the performance of the required work, the
Township Code Enforcement Officer may inspect the work to determine
whether construction specifications are being observed.
[Ord. 328, 12/4/1996, § 506]
Upon the failure of any property owner to pave, repave or maintain
any sidewalk 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.
[Ord. 328, 12/4/1996, § 507; as amended at time
of adoption of Code (see Ch. AO)]
Where, in the opinion of the Township Code Enforcement Officer,
a dangerous condition exists that can be repaired by an expenditure
of $1,000 or less, 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 48 hours
after receiving it, the Township may make temporary or emergency repairs,
and levy cost of its work on such owner as a property lien to be collected
in the manner provided by law.
[Ord. 328, 12/4/1996, § 508]
Any property owner not required by notice to pave, repave or
keep in repair sidewalks may construct, pave, repave or repair the
sidewalk abutting his property; provided, such owner shall make application
to the Township before commencing work, shall conform to the provisions
of this Part and other regulations as to specifications for construction
and repair work and shall notify the Township Code Enforcement Officer
within two days after completion of his work.
[Ord. 328, 12/4/1996, § 509]
Every person in charge or control of any building or lot of
land containing a sidewalk or fronting or abutting on a strip of land
or right-of-way containing a sidewalk, whether as owner, tenant, occupant,
lessee or otherwise, shall remove and clear away or cause to be removed
or cleared away, snow and/or ice from a path of at least 30 inches
in width and for the entire length of so much of said sidewalk as
is in front of or abuts on said building or lot of land.
A.
Except as provided in Subsection (B), hereof, snow and ice shall
be removed from sidewalks within four hours after the cessation of
any fall of snow, sleet or freezing rain, except that removal need
not be performed between the hours of 12:00 a.m. and 7:00 a.m.
[Amended at time of adoption of Code (see Ch. AO)]
B.
In the event the snow and/or ice on a sidewalk has become so hard
that it cannot be removed without likelihood of damage to the sidewalk,
the person charged with its removal shall, within the time mentioned
in Subsection (A), hereof, cause enough nonsalt melting agent, sand
or other abrasive to be put on the sidewalk to make travel reasonably
safe; and shall, as soon thereafter as weather permits, cause to be
cleared a path in said sidewalk of at least 30 inches in width.
[Ord. 328, 12/4/1996, § 510]
No person shall deposit or cause to be deposited any snow or
ice on or immediately next to a fire hydrant or on any sidewalk, roadway
or loading and unloading areas of a public transportation system,
except that snow and ice may be mounded by the Township on public
cartways incident to the cleaning thereof or mounded on curbs or sidewalks
incident to the clearing of streets.
[Ord. 328, 12/4/1996, § 511]
It shall be unlawful for any person, persons, firm or corporation
to drive or cause to be driven any vehicle on, over and across any
curb or sidewalk before first obtaining permission of the abutting
property owner, and the placing of a proper platform, covering or
other device for the protection of the sidewalk and curb.
[Ord. 328, 12/4/1996, § 512; as amended at time
of adoption of Code (see Ch. AO)]
Any depression, break or damage caused to any curb or sidewalk
by any vehicle or by any other agency shall be reported to the Township
within 24 hours after the damage has occurred, and emergency repairs
must be made by the property owner, tenant or agent within 48 hours
after such report or as otherwise approved by the Township.
[Ord. 328, 12/4/1996, § 513; as amended by Ord.
336, 2/5/1997; and at time of adoption of Code (see Ch. AO)]
Any person who violates or permits a violation of this Part
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township in the enforcement of this
Part. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
