[Adopted 3-30-1993 by Ord. No. 93-04 (Ch. 21, Part 4, of the 1992 Code)]
The following terms, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly and unequivocably indicates otherwise:
DETERIORATED CURBS AND SIDEWALKS
Curbs and sidewalks which have cracks, breaks or missing pieces, are heaving or settling, have an unacceptable wearing course or do not conform to the established line and grade.
DRIVEWAY APRON
That portion of the driveway extending from the point of curb depression at the road line to the sidewalk.
GOOD CONDITION
Conforms to the established line and grade, free from cracks, breaks or missing pieces, and having an acceptable wearing course.
PROPERTY OWNER
Any person, group of persons or legal entity which has legal title to a property located in the Township of Middletown.
TOWNSHIP
Township of Middletown, County of Bucks, Commonwealth of Pennsylvania.
[Amended 5-17-1994 by Ord. No. 94-07]
The owners of all properties located in the Township of Middletown shall maintain, repair and keep in good condition all curbs, sidewalks and driveway aprons extending on or along the side or sides of their property bordering on public roads or rights-of-way owned by the Township of Middletown or the Commonwealth of Pennsylvania for the full length and distance of their property's frontage on such road or right-of-way. It is specifically provided that the fact that such curb, sidewalk or driveway apron may be located within the public right-of-way shall not exonerate the owner of private land bordering on such right-of-way from his/her duty to maintain such improvements.
In the event that any deteriorated curb, sidewalk, driveway apron or portion thereof, in need of repair or replacement borders or is adjacent to a road or highway owned by the Commonwealth of Pennsylvania, the Township shall comply with all state regulations and requirements that may be applicable prior to the enforcement of this article.
If the Township determines that a deteriorated curb, sidewalk or driveway apron, or any portion thereof, needs repair or replacement because it constitutes, in the opinion of the responsible Township officer, a danger or a hazard to pedestrians or otherwise a threat to the public safety, the Township shall notify the property owner by certified mail to repair or replace any deteriorated curbs, sidewalks or driveway aprons within 60 days of receipt of said letter.
[Amended 5-17-1994 by Ord. No. 94-07; 6-23-1998 by Ord. No. 98-08]
Any person, firm or corporation who shall violate any provision of this article or property owner who fails to repair or replace deteriorated curbs, sidewalks or driveway aprons within 60 days after receiving notice from the Township to do so, upon conviction thereof in an action brought before a Magisterial District Judge 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 less than $100 plus costs for the first violation. Unless the owner shall pay said fine and costs and come into compliance with this article within 30 days after conviction of the first violation, he shall be subject to an additional fine of not less than $250 plus costs without further notice from the Township. After conviction of the second violation, the owner shall have a final period of 30 days to pay the fine or fines and costs and to come into compliance or be subject to an additional 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.