[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. (See also: §
355-20 of the Code.)
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.
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.