[Adopted 4-7-1986 by Ord. No. 3-86 (Ch. 21, Part 3, of the
1985 Code of Ordinances)]
All sidewalks currently in existence shall be maintained in
a good and safe condition.
Sidewalks not in a good and safe condition are hereby declared
to be public nuisances.
[Amended 11-10-2016 by Ord. No. 5-2016]
Should the Supervisors determine that a sidewalk is not in a
good and safe condition, then they shall give written notice to the
owner or owners to repair the sidewalks within 60 days of the date
of the notice to repair. The notice shall be mailed by first class
mail to the owner or owner's last known address.
A.
If the sidewalk is not repaired in accordance with the terms of the
notice, the Board of Supervisors shall hold a hearing and shall give
written notice of the hearing to the owner or owners to appear before
the Board on the date specified in the notice to show cause why the
sidewalks shall not be repaired in accordance with the notice.
B.
At the hearing, the owner or owners, or any person alleging that
the sidewalk is a public nuisance, shall be allowed to present testimony.
C.
After said hearing, the Board of Supervisors shall make written findings
of fact from the testimony offered.
D.
Should the Board of Supervisors determine that the sidewalk is not
in a good and safe condition and is, in fact, a public nuisance, they
shall order the owner or owners to repair the sidewalk within 30 days
of the date of the written findings of fact and decision.[1]
[1]
Editor's Note: Original Section 305, Notice of unsafe condition,
which immediately followed this section, was repealed 11-10-2016 by
Ord. No. 5-2016.
If the owner or owners fail to comply with the notice and order
to repair the sidewalk, the Board of Supervisors are empowered to
cause such sidewalk to be repaired and to cause the cost of such repair,
together with a penalty of 10%, to be charged against the land on
which the sidewalk is located as a municipal lien, or to recover such
costs in a suit at law against the owner or owners. This penalty shall
be in addition to the remedies provided in § 380-21.
[Amended 9-6-1988 by Ord. No. 5-88; 11-10-2016 by Ord. No. 5-2016]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this article that is violated shall also
constitute a separate offense.
