[Adopted 10-27-1993 by Ord. No. 93-30 as
Ch. 192, Art. II, of the 1993 Code]
It shall be the duty of any owner of land abutting
upon a public street or public sidewalk in the Township to construct,
repair, alter or relay any sidewalk or curb, or section thereof.
[Amended 11-8-1995 by Ord. No. 95-27]
If the Township is notified or receives notice
as to the necessity of construction, repair, alteration or relay as
to any sidewalk or curb, or section thereof, and verifies same, the
owner or occupant of land abutting such public street or public sidewalk
shall be required to perform the necessary curb or sidewalk improvements
within a specified period of time which shall be at least 30 days
from the date of service of a notice from the Township Administrator
requiring such improvements.
A.
Whenever any lands are unoccupied and the owner cannot
be found within the Township the notice may be mailed, postage prepaid,
to his post office address if the same can be ascertained.
B.
In case such owner is a nonresident of the Township
or his post office address cannot be ascertained then the notice may
be inserted for four weeks, once a week, in some newspaper of the
Township.
C.
In case the owner or occupant of such land shall not
comply with the requirements of such notice, it shall be lawful for
the Department of Public Works of the Township upon filing due proof
of the service or publication of the aforesaid notice in the appropriate
department of the Township, to cause the required work to be done
and paid for out of the moneys of the Township available for that
purpose.
D.
The cost of such work shall be certified by the department
or person having charge thereof to the department or person having
charge of the collection of assessments in the Township.
E.
Upon filing the certificate the amount of the cost
of such work shall be and become a lien upon the abutting lands in
front of which such work was done to the same extent that assessments
for local improvements are liens in the Township, and shall be collected
in the manner provided by law for the collection of such other assessments
and shall bear interest at the same rate.
F.
In addition thereto the Township may have an action
to recover the amount against the owner of the lands in any court
having competent jurisdiction thereof. A certified copy of the aforesaid
certificate shall in such action be prima facie evidence of the existence
of a debt due from the owner to the Township.
G.
All moneys recovered or paid to the Township under
the provisions of the last preceding return shall be credited to the
account out of which the cost of such work was paid.
The Township shall have the right to maintain
an action against the owner or occupant of said lands in any court
having competent jurisdiction thereof.
All moneys recovered or paid to the Township under the provisions of § 204-7 shall be credited to the account out of which the cost of such work was paid.
In addition to the remedy provided to the Township in § 204-7 hereof, any owner or occupant of lands abutting said sidewalk or curb, or both, who shall violate this article subsequent to notice having been given as aforesaid, shall, upon conviction of such violation be liable to the payment of a fine and penalty of not more than $500 or to imprisonment for not more than 90 days, or both, for each and every violation.
