[Adopted 4-21-2014 by Ord. No. 471]
The owner of land abutting any street in the Township shall be responsible for constructing, reconstructing, and maintaining and repairing the sidewalks and curbs in, now existing or hereafter constructed, as may be required by the Township, on and abutting said property, in a manner satisfactory to the Township and in conformance with the requirements of § 310-21 of Chapter 310, "Subdivision and Land Development," and the owner shall pay the costs and expenses thereof.
For the purposes of this article, so that the sidewalks and
curbs will remain in a condition that is not dangerous to property
or persons using the sidewalks and curbs in a reasonable manner, and
so that the sidewalks and curbs will be in a condition that will not
interfere with the public convenience in their use, the term "maintenance
and repair of the sidewalks and curbs," in any variation it may appear
within this article, shall include, but not be limited to:
A.Â
Maintenance and repair of surfaces, including grinding, removal and
replacement of sidewalks and curbs, repairs and maintenance of sidewalks
and curbs, removal of weeds and or debris, supervision and maintenance
of signs, tree root pruning and installation of root barriers, trimming
of shrubs and/or ground cover and trimmed shrubs within the area between
the property line of the adjacent property and the street paving line.
(1)Â
The obligation that the owner shall, within 24 hours after the cessation
of any snowfall, clear at least a two-foot-wide path on any sidewalk
on or abutting the property, but when the snowfall results in the
accumulation of 12 or more inches of snow, then the deadline shall
be extended to 48 hours after the cessation of the snowfall.
(2)Â
The obligation that in the event snow and/or ice on a sidewalk becomes
so hard that it cannot be removed pursuant to § 304-29B
without likelihood of damaging the sidewalk, the owner shall cause
enough sand or other abrasive to be put on the sidewalk to make travel
reasonably safe, and as soon thereafter as the weather permits, the
owner shall clear at least a two-foot-wide path on any sidewalk on
or abutting the property.
Any person required by § 304-28 to maintain and repair sidewalks and curbs shall owe a duty to members of the public to keep and maintain the sidewalks and curbs in a safe and nondangerous condition. If, as a result of the failure of any person to maintain and repair the sidewalks and curbs, any person suffers injury or damages to person or property, the owner shall be liable to such person for the resulting damages or injury. Property owners shall be liable to the Township for any amounts paid or incurred by the Township consequent from claims, judgments, or settlements, and for all reasonable investigation costs and attorney's fees, resulting from the responsible property owner's failure to maintain and repair the sidewalks and curbs.
As and when the Commissioners, or their designee, shall deem
it necessary for the safety and convenience of the public or the protection
of streets and property that a sidewalk or curb be constructed, reconstructed,
or repaired, a notice and order to construct, reconstruct, or repair
a sidewalk or curb shall be provided in writing to the owner of the
land abutting the relevant street in the Township. Such owner shall
have 30 days in which to construct, reconstruct, or repair the sidewalk
or curb, except that when, in the opinion of the Township Manager,
the required construction, reconstruction, or repair presents an emergency,
including, but not limited to, whenever a public nuisance results
from the condition of a sidewalk or curb and the safety of pedestrians
is imminently jeopardized, the owner shall have 48 hours in which
to construct, reconstruct, or repair the sidewalk.
Upon the failure of the owner of the property to comply with a notice and order issued pursuant to § 304-31, Duty of property owners; notice and order for paving and curbing, and to do the work ordered therein, the Township is hereby authorized and required to satisfy the notice and order, as soon as practicable, and the owner of the property shall be responsible for the cost to the Township to satisfy the notice and order, together with an additional ten-percent penalty. Upon completion of the work, the Township shall ascertain the exact cost of the construction, reconstruction, or maintenance and repair and compute the amount for which the owner is liable and shall certify the same to the Township, and the Township shall immediately there serve written notice upon the owner setting forth the exact sum for which the owner is liable, and that the same shall be payable to the Township within 30 days from the date of the notice. In the event that that owner cannot be located, then notice shall be fixed in a conspicuous place upon the property, and the exact sum for which the owner is liable shall be payable to the Township Secretary within 30 days from the date of the posted notice. After the expiration of the 30 days, it is hereby authorized that the amount may be levied, and it shall be levied, upon the owner, and the Township shall place the sum unpaid in the hands of the Township Solicitor for collection according to law, who shall collect the same as provided by law either by a municipal lien filed therefor or by action in assumpsit.
No party or person, whatsoever, shall lay any sidewalk or install
any curbing, nor make any repairs thereto, or remove, destroy, change
the grade or location of any such sidewalk or curb, or any part thereof,
until he or she has procured a permit therefor from the Township for
which he or she shall pay a sum, in an amount as established from
time to time by resolution, which shall be paid into the Township
Treasury.
Any person or persons violating the provisions of §§ 304-28 through 304-33 of this article, upon conviction thereof, shall be sentenced to pay a fine of not less than $50 nor more than $600, together with costs of prosecution and attorney's fees, and, in default of payment, shall undergo imprisonment for a period not to exceed 30 days.
The rights and remedies of the Township as prescribed by the
article or otherwise by law with respect to sidewalks and curbs, and
the criminal sanctions herein provided, shall be cumulative, and the
pursuit of one shall in no way preclude simultaneous or subsequent
pursuit of another.
