[Adopted 5-14-2001 by Ord. No. 2001-10]
The owner of each property within the Township
abutting upon a sidewalk open to the public for pedestrian traverse
or located, in whole or in part, within the right-of-way of a public
or private street on which the property abuts, shall keep the said
sidewalk, together with any portion of the property paved and used
as a sidewalk or public walk, immediately in front of the property
in good order and repair and at all times free and clear of all obstruction
to safe and convenient passage, including the accumulation of snow
or ice. "Good order and repair" means that sidewalks and paved areas
shall be level and free of exposed aggregate and significant holes,
ridges, cracks and defects.
The owner, occupant or tenant of every property abutting any sidewalk or public walk as described in § 218-7 above shall be required to remove or cause to be removed from all of said abutting sidewalk or public walk snow and/or ice thereon fallen or formed within 24 hours after the said snow or ice shall have ceased to fall or be formed.
If the owner, occupant or tenant of any property
neglects at any time to perform the duties herein described, the Township
Code Enforcement Officer may serve written notice of violation ("violation
notice") upon him requiring him to perform the necessary snow/ice
removal, maintenance or repair. The violation notice shall specify
the required repair or maintenance, the time by which said maintenance
or repair shall be commenced and the time by which it shall be completed.
The violation notice shall be served on the owner, occupant or tenant
of the property by hand delivery or by mailing the notice by both
certified mail, return receipt requested, and regular mail to the
postal address of the abutting property.
If such property owner, occupant or tenant fails
to comply with the requirements of the violation notice described
in the preceding section within the time period specified therein,
the Township may, but is not required to, make the necessary repairs,
perform the necessary maintenance or remove any obstruction, and the
cost of the same, together with a penalty to defray administrative
expenses in the amount of 10% of the said cost, shall be paid by the
property owner, occupant or tenant and may be assessed and collected
by the Township as and in the manner of a municipal lien or by any
other appropriate legal action.
If the owner, occupant or tenant of any property abutting a sidewalk or paved area, as described in § 218-7 herein above, fails to comply with the violation notice, the Township Code Enforcement Officer may assess a fine not exceeding $1,000 for each violation. The notice of assessment of a fine ("fine notice") shall be served on the owner, occupant or tenant by mailing a notice by hand delivery or by both certified mail, return receipt requested, and regular mail to the postal address of the property abutting the sidewalk. Upon failure of the owner, occupant or tenant to pay the fine within the time period prescribed in the fine notice, an action shall be brought before a Magisterial District Judge in the same manner provided for enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Each day or portion of a day in which a violation is found to exist shall constitute a separate violation. All fines and penalties collected for the violation of this article shall be paid to the Township Treasurer.
