Township of Derry, PA Article II Sidewalk Maintenance and Repair

[Adopted 1-23-1996 by Ord. No. 392]

§ 179-4 Duty of property owners.

It shall be the duty of owners of property abutting any public street, lane, road or alley within the Township to maintain, keep in good repair, and keep free from obstruction any sidewalks along such property which are regularly available for the use of the public whether such sidewalks are located on the owner's property or within the boundaries of the streets abutting such property.

§ 179-5 Notice to property owners to repair or maintain or to remove obstructions from sidewalks.

In the event that the Supervisors, or authorized employee or agent, shall determine that the condition of any such sidewalk or walkway requires maintenance, repair or the removal of obstructions therefrom, the Supervisors shall cause a notice to be sent to the owners of the property requiring said owners to effect such repair, maintenance or removal of the obstruction as shall be required in the judgment of the Supervisors or authorized employee or agent, for the purpose of protecting the public.

§ 179-6 Time limit for property owner to do work after notice.

Upon receipt of the notice required under § 179-5 of this article, the owners shall perform the required maintenance, repair or obstruction removal as the case may be, within a period of 30 days from the date of receipt of the notice, or within such other period as shall be authorized by the Supervisors upon application of the offending property owner.

§ 179-7 Penalty for failing to do work within time limit. [1]

Any person, firm or corporation who shall have failed to comply with the notice in § 179-5 of this article referred to, within the time limit set by this article, will be in violation hereof and, upon conviction thereof in an action brought before a district justice in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 179-8 Effect of permitting dangerous condition to exist.

Whenever any owner shall permit a dangerous condition to exist on any sidewalk or walkway after having been notified to remedy the same in the time hereinabove provided, they shall be guilty of a separate violation of this article for every five-day period during which the violation continues to exist and may be subject to separate prosecutions and separate fines for each such violation.

§ 179-9 Authority for Township to do certain work and collect cost.

Upon the failure of any property owner to make the necessary repairs required by the notice provided herein, within the time fixed by this article, the Township, whether or not the property owner has been prosecuted under the other provisions of this article, is hereby authorized and empowered through its duly authorized agents, servants or employees to enter upon the premises and make the necessary repairs or remove the offending obstructions and the expense thereof shall be levied against the property and collected from the owners in the manner provided for the collection of municipal liens. Any claims entered against the owners shall be a lien upon the premises dating from the time of the commencement of the work.