[Adopted 8-25-1993 by Ord. No. 93-1]
Every owner of real estate in Independence Township shall, on 90 days' notice from the Township, construct or reconstruct a sidewalk and curb at the edge of the sidewalk and sidewalks that are traversed by driveways and/or adjoin streets, which shall conform to all applicable requirements of this article, in front of or alongside of such property.
Every owner of real estate in Independence Township shall, on 30 days' notice from the Township, repair the sidewalk and/or curb that adjoins or is located on the owner's property, in the manner stipulated in such notice, in front of or alongside of such property.
The notices referred to in §§ 355-1 and 355-2 of this article may be written or printed, or partly written and partly printed, and signed by an elected or appointed Township official and shall be served as provided in § 355-13 of this article.
[Amended 4-17-2013 by Ord. No. 13-02]
A. 
All sidewalks and curbs shall be constructed, reconstructed and repaired of concrete only, according to plans and specifications contained in this article or as subsequently modified by resolution by the Township Supervisors. Specifications, plans and all data necessary to construct, reconstruct and repair said sidewalks and/or curbs may be obtained without charge, at the office of the Township Secretary.
B. 
It shall be the duty of all owners of properties with sidewalks and/or curbs to maintain said area in a manner that is free of large and/or numerous dirt, debris, junk, snow, ice and/or similar materials.
C. 
It shall be the duty of all owners of properties with sidewalks and/or curbs to maintain an unobstructed, safe and passable pathway at all times.
D. 
In the event of snow, ice and/or sleet, all owners must clear, or cause to be cleared, an unobstructed, safe and passable pathway of not less than 24 inches in width running the entirety of said sidewalk/curb area not later than 16 hours after the snow, ice or sleet has ceased to fall. Covered cinders, sawdust, or similar snow and ice control materials may be used to clear the requisite pathway.
E. 
Where snow and ice are removed from the pathway, it may be placed or piled on the curb side of the sidewalk, but it shall not be piled or placed in a gutter, storm drain or roadway in a manner that would obstruct proper water flow and/or traffic patterns.
F. 
The notice provisions contained in §§ 355-2 and 355-3 of this article shall not apply for Subsection D herein. Notice of the sidewalk's/curb's condition is implied to be given to owner upon the weather condition(s) occurrence. Failure to comply with the pathway requirements in a timely manner as described herein, shall result in a violation and penalties pursuant to Section 2 herein.[1] (See also: § 355-20 of the Code.)
[1]
Editor's Note: Section 2 of Ord. No. 13-02 states: "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 less than $50 nor more than $1,000, plus all costs of prosecution, including, but not limited to, attorneys' fees, and in default of payment thereof, shall be imprisoned for a term not to exceed 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. All fines and penalties collected for the violation of this article shall be paid to the Township Treasurer.
All sidewalks shall be not less than four feet in width.
In all cases where sidewalks are constructed, reconstructed or repaired over coal cellars or other excavations under such sidewalks, such sidewalks shall be supported by iron or steel beams or girders, or stone or concrete arches. In no case shall any support of wood or other perishable material be used.
All sidewalks shall be constructed, reconstructed and repaired and the grading therefor done upon the line and grade obtained by the real estate owner from the Township and/or the Township Engineer, as the case may be, and not otherwise. Upon notice, as provided in § 355-1 or 355-2 of this article, such work of construction, reconstruction or repair shall be done by the owner or owners of such property.
It shall be the duty and responsibility of the Board of Supervisors to determine in the case of any individual property or real estate whether or not the sidewalk and/or curb shall be reconstructed or repaired, and, if so, the specific part or parts thereof to be reconstructed or repaired. The Township or its authorized representative may, at any time during the course of work of constructing, reconstructing or repairing any sidewalk and/or curb, visit the site of such work to ascertain whether such work is being done according to the requirements of this article and any subsequent modifications, and the Township or its authorized representative shall visit any such site for such purpose whenever requested by the landowner. Within 10 days after the completion of the work of construction, reconstruction or repair of any sidewalk and/or curb, it shall be the duty of the landowner of the property where such work was done to notify the Township of that fact so that the Township may inspect such sidewalk and/or curb to determine whether the requirements of this article have been observed and followed.
Any real estate owner, upon his, her or its own initiative and without notice from any Township authority or official, may construct, reconstruct or repair sidewalks and/or curbs in front of or along the said real estate, provided that such owner shall first make application to the Township and shall conform to the requirements of this article as to line and grade and as to materials used, and that said landowner shall also notify the Township, as required by § 355-8 of this article, within 10 days after completion of said work.
On the neglect or refusal of the owner or owners of real estate, as aforesaid, to construct, reconstruct or repair any sidewalk or curb, the Township may, after the thirty-day notice to do so, cause the same to be done at the cost of the owner of said real estate, and shall collect the cost thereof and 10% additional, together with all charges and expenses, including, but not limited to, legal fees, court costs and attorneys' fees, from such owner, and shall file a municipal claim or lien therefor or shall collect the same by action of assumpsit or any other remedy available at law, the same not being exclusive.
[Amended 9-15-2010 by Ord. No. 10-01]
Sidewalks and curbs not laid in conformity with the provisions of this article and the plans and specifications contained herein or otherwise in effect are hereby declared to be public nuisances and must be taken up and relaid according to the provisions of this article and the specifications contained herein and/or subsequently approved within 30 days after notice to the landowners to do so; and upon failure of said landowner thereof to regrade, recurb, repave, repair, reconstruct and the like said sidewalk or curb within the time stipulated, shall commit a violation of this article; and the Township shall cause said sidewalk and/or curb to be regraded, recurbed, repaved, reconstructed and/or repaired in the manner herein and hereby required, and the said Township shall collect the costs thereof and 10% additional, together with all charges and expenses, including attorneys' fees, from the owner of said real estate as aforesaid.
No sidewalk or curb heretofore laid with material or materials not hereinbefore prescribed shall be permitted to be repaired, but whenever any such sidewalk or curb becomes, in the opinion of the Township Supervisors, to be in bad condition, notice shall be served upon the owner of said real estate upon which the same exists and/or is adjacent thereto to, in fact, recurb, repave, reconstruct, repair and/or correct said sidewalk or curb with the material as herein provided, and upon said landowner's failure to do so, after 30 days' notice, said Township shall cause the same to be done at the cost of the owner of said real estate and shall collect the costs thereof and 10% additional, together with all charges and expenses, including, but not limited to, attorneys' fees, from such owner and shall file a municipal claim or lien therefor or shall collect the same by action of assumpsit or any other remedy available at law or in equity, the same not being exclusive.
[Amended 5-16-2012; 5-21-2014]
All such notices shall be served upon the owner of the real estate to which the notice refers, if such owner is a resident of the Township, by a police officer, a Zoning Officer, a Zoning Enforcement Officer, a Code Enforcement Officer, or the Township Secretary. If the owner is not a resident, then the notice may be served upon the agent or tenant of the owner or upon the occupant of such premises by the above-referenced officials. If the owner has no agent or tenant or there is no occupier of such premises, then service shall be by notice posted upon the premises and a copy sent by certified mail to the last known address of the owner, wherein the same shall be done by any of the above-referenced officials.
Any ordinances or provisions of ordinances previously adopted that conflict with any of the terms, conditions or requirements herein are hereby repealed and/or superseded, wherein this article shall be given full force and effect.
Attached hereto and made a part hereof are the specifications for sidewalk and curb construction which are incorporated herein by reference and made part hereof as if appearing in total.[1]
[1]
Editor's Note: The specifications for sidewalk and curb construction are available in the office of the Township Secretary.
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 less than $50 nor more than $1,000, plus all costs of prosecution, including, but not limited to, attorneys' fees, and in default of payment thereof, shall be imprisoned for a term not to exceed 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. All fines and penalties collected for the violation of this article shall be paid to the Township Treasurer.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).