[Adopted 5-4-1970 by Ord. No. 99 (Ch. 21, Part 1, of the 1995 Code)]
[Added 5-20-2010 by Ord. No. 296[1]]
The Board of Commissioners of Lower Pottsgrove Township or its authorized representative may, upon the issuance of a notice as hereinafter provided, require owners of property abutting on any street, including state highways and county roads, to install, construct and reconstruct sidewalk and/or curbing along such property within the Township with such materials, at such grades and under such regulations as hereinafter set forth.
[1]
Editor's Note: This ordinance also repealed former § 208-1, Issuance of notice. See now § 208-3.
[Added 5-20-2010 by Ord. No. 296[1]]
The owner of property on which or abutting which sidewalk and curbing are located shall keep the sidewalk and curbing in good order and repair, free and clear of all obstructions or objects whether temporary or permanent and of any matter whatsoever.
[1]
Editor's Note: This ordinance also repealed former § 208-2, Failure to comply with notice. See now § 208-3.
[Added 5-20-2010 by Ord. No. 296[1]]
Whenever the Board of Commissioners of Lower Pottsgrove Township deems it necessary to have sidewalks and/or curbs installed, constructed, reconstructed, repaired or cleared of objects or obstruction, the Board or its authorized representatives shall give 30 days' written notice to the owner or owners of real estate abutting on any street within said Township to perform the required work. Upon the failure of said owner or owners of real estate to comply with the provisions of said notice and to do the said work required therein, the Township may, at the discretion of the Board of Commissioners, perform such work, and the cost and expense thereof is hereby levied and authorized to be levied upon the owner or owners of the real estate, and the same is hereby authorized to be collected from such owners as provided by law. Upon completion of any such work, the Township shall immediately ascertain the exact costs thereof and compute the amount for which the respective owner or owners of property are liable according to law. The Township Secretary shall thereafter immediately cause 30 days' written notice of the assessment to be given to each property owner assessed. The notice may be served on the property owner by leaving the same at his place of residence or, if he has no residence in the Township, then by posting the same on the premises and mailing a copy thereof to the owner at his last known address. If any assessment shall remain unpaid at the expiration of the notice, the Township Solicitor is authorized to proceed to collect the same, with interest from 30 days after the completion of the work, plus attorney's fees and costs, by action of assumpsit or by a lien to be filed and collected in the same manner as municipal claims. In a case where the Township performed the repairs or removed the objects or obstruction, it shall add a penalty of 10% to the costs it incurred, together with all other costs and fees as set forth above.
[1]
Editor's Note: This ordinance also repealed former § 208-3, Curbs, as amended 3-23-1995 by Ord. No. 192. See now § 208-4.
[Added 5-20-2010 by Ord. No. 296[1]]
Curbs shall be constructed, reconstructed or repaired in accordance with § 215-18B of the Township's Subdivision and Land Development Ordinance.
[1]
Editor's Note: This ordinance also repealed former § 208-4, sidewalks, as amended 3-23-1995 by Ord. No. 192. See now § 208-5.
[Added 5-20-2010 by Ord. No. 296[1]]
Sidewalks shall be constructed, reconstructed or repaired in accordance with Section 215-18A of the Township's Subdivision and Land Development Ordinance.
[1]
Editor's Note: This ordinance also renumbered former § 208-5 through 208-20 as §§ 208-6 through 208-21, respectively.
Before any curb or sidewalk shall be constructed, reconstructed or repaired, the owner or owners of any land within the Township shall apply to the Building Inspector of the Township for a permit. The Township Building Inspector shall, upon the receipt of the proper permit fee, issue a permit for said work. A copy of said permit shall then be forwarded to the Township Engineer who will provide the owner or owners with the grades, elevations and lines for the proposed work. It shall be illegal for any owner or contractor to pour any concrete until his or its forms are checked for compliance with this article by the Township Engineer. Upon the completion of said work, the Township Engineer shall inspect the property to ensure proper compliance with this article.
[Amended 3-23-1995 by Ord. No. 192]
Any person, firm or corporation who shall fail to obtain a permit before constructing a private driveway or making a curb cut shall, upon conviction thereof, 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 imprisonment for a term not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.