[Ord. 279, 2/3/1975, § 3:501; as amended by Ord.
578, 6/13/2002, § 1]
The following words when used in this Part
1 shall have the meanings ascribed to them in this section unless the context clearly indicates otherwise:
DRIVEWAY APRONS
The ramp area between the curb and house side of sidewalk
at all driveway locations.
PUBLIC STREET
Any street which has been formally accepted by the Township
and recorded as such in the office of the Clerk of Courts, Criminal
Division, in Bucks County, Pennsylvania.
SIDEWALKS
That area located within the street right-of-way line intended
and designed primarily for pedestrian travel, which may have been
constructed of concrete, brick or bituminous material.
[Ord. 279, 2/3/1975, § 3:502]
The provisions of this Part 1 shall apply to all streets, sidewalks,
curbs and driveway aprons presently in place and all those hereafter
to be constructed within the Township of Warminster.
[Ord. 279, 2/3/1975, § 3:503; as amended by Ord.
542, 5/6/1997, §§ I, II; and by Ord. 578, 6/13/2002,
§ 1]
1. It shall be the primary duty and responsibility of each person who
owns, leases, or otherwise occupies premises abutting or adjoining
a public street to maintain and repair the sidewalk, curb and driveway
aprons of his property.
2. Every owner, lessee or occupier of premises abutting on a public
street shall repair the sidewalks, curbs or driveway aprons on his
property upon 30 days notice from the Township of Warminster to make
such repairs in the manner stipulated in such notice.
3. All construction, reconstruction and repair of sidewalks, curbing
and driveway aprons, whether pursuant to notice from the Township
or otherwise, shall be done only in accordance with rules and regulations
prepared by the authorized representatives of the Department of Licenses
and Inspections and/or Public Works and approved by the Board of Supervisors
from time to time. Before any construction, reconstruction or repair
may be commenced, whether being done pursuant to notice from the Township
or otherwise, a permit must be obtained from the office of the authorized
representatives of the Department of Licenses and Inspections and/or
Public Works for which a fee to be established from time to time by
resolution of the Board of Supervisors, must be paid, except that
any minor repair may be made without the necessity of obtaining a
permit or paying a fee so long as a citation referring to the work
has not been issued.
[Amended by Ord. 737, 1/19/2017]
4. The rules and regulations presently in existence, as prepared by
the authorized representatives of the Department of Licenses and Inspections
and/or Public Works, are hereby adopted as the standards for construction,
reconstruction and repair of sidewalks, curbs and driveway aprons
within the Township, and the authorized representatives of the Department
of Licenses and Inspections and/or Public Works and Township Engineer
are hereby empowered to periodically review, modify and amend such
rules and regulations, all of which will be done with the approval
of the Board of Supervisors.
[Amended by Ord. 737, 1/19/2017]
5. Should any person fail to comply with a notice to repair within the
allowed thirty-day period, the Township may proceed to do the necessary
work and charge the expense thereof against the owner, lessee or occupier
of the premises. The Township is hereby authorized to file a municipal
lien for the cost of the work, plus 10%, against the property owner
or, in lieu thereof, to collect the same by an action of assumpsit.
6. Any notice required to be given pursuant to this section may be given
by service upon the owner by certified mail or in person, or, if the
owner is not a resident of the Township, the notice may be given upon
his agent or tenant or upon the occupant of the premises by personal
service. If service cannot be made by any of the aforementioned means,
then service by notice posted on the premises shall suffice.
7. It shall be the duty of the owner, lessee or occupier of premises
to see to it that all sidewalks, curbing and driveway aprons located
on his property shall be kept in a safe and usable condition, free
from litter, debris, cracks, holes or obstructions.
8. The right of the Township to order the construction of sidewalks
and to assess the cost thereof against the abutting property owners
is specifically reserved and in no way affected by this section.
9. Construction, reconstruction and repair of sidewalks and curbs by
the Township; expense. The Board of Supervisors may construct, reconstruct
and repair any sidewalk and curb in the Township. When the Board of
Supervisors constructs, reconstructs or repairs any sidewalk or curb
pursuant to this Part 1, the expense thereof shall be paid by the
abutting property owners in proportion to their frontage, but no owner
shall be liable for the cost of construction of the sidewalk or curb
in an amount greater than 15% of the assessed valuation of the abutting
property. Any expense above the maximum liability of abutting property
owners shall be paid by the Township.
10. Filing assessments. All assessments for costs levied under this Part
1 shall be filed with the Township Treasurer and collected pursuant
to the following regulations:
A. The Township Treasurer shall give 30 days' notice that the assessments
are due and payable. The notice shall state the due date to each party
assessed and shall be served by mailing it to the owner of the property.
B. If any assessment remains unpaid 90 days or more after the due date, it shall be turned over to the Township Solicitor for collection by means of an action in assumpsit for recovery or a municipal lien filed against the property of the delinquent owner for the amount of the unpaid assessment, plus 10% as set forth in Subsection
5 above, plus 1 1/2% interest per month from the date the assessment was due. If an owner has two or more lots against which there is an assessment for the same year, the lots shall be embraced in one claim.
C. Upon receipt of payment of assessments, the Township Treasurer shall
deposit the assessment in a separate account, to be paid out only
for expenses incurred in providing the construction, reconstruction
or repair of sidewalks or curbs. Each special assessment account shall
be audited by the Board of Auditors of the Township.
11. Any person, firm or corporation who shall violate any provision of this Part
1, 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 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 Part
1 continues or each section of this Part
1 which shall be found to have been violated shall constitute a separate offense.