[Adopted 3-24-2011 by Ord. No. 2011-5]
The Township has determined that there is a need to address
the repair and or replacement of certain sidewalks and curbs throughout
the Township; it being the further intent of the Township Council
that sidewalk and curb replacements be done by the abutting property
owner for all sidewalks and curbs requiring repair or removal both
presently as the need arises and after the completion of any sidewalk
replacement program. It is the purpose of this article to establish
a procedure whereby sidewalks and curbs will be replaced, assigning
the responsibility to the abutting landowner, and assessing for costs
where the Township is forced to replace the sidewalk and curb.
As used in this article, the following terms shall have the
meanings indicated:
Any surface provided for the exclusive use of pedestrians,
including the area between the curb of any street and the property
line adjacent thereto, or, if there is no curb, the area between the
edge of the street and the property line adjacent thereto, and shall
include the public right-of-way along such street or sidewalk and
shall include the paved area between the curb and right-of-way line
at driveways commonly known as a "driveway apron."
Any road, highway, public way, public alley, easement or
other right-of-way accepted or maintained by the Township as a public
street, including unimproved areas within the right-of-way, or any
road or accessway which, while not accepted or maintained by the Township,
is open to use by the public, as well as any state or county road
or highway over which the Township has acquired jurisdiction by agreement.
A.Â
Where the lands of any owner abut a street, it shall be the responsibility
of such property owner to keep the area between the property line
and the street line, including the sidewalk and driveway apron as
the case may be, in good repair. The street line, for the purposes
of this article, is designated as the edge of the paved surface of
the street.
B.Â
It shall be the duty of any owner of land abutting a public street
to repair any curb if damaged by the property owner's actions or the
actions of the property owner's lessee, tenant, employees, agents
or occupants of the property.
If it comes to the attention of the Township that the area described in § 225-24 is kept in such a state of disrepair as to endanger the health and general welfare of the citizens of the Township, the appropriate Township official may order the property owner to repair the area upon notice in writing to be served upon the owner of or occupant of such lands requiring the necessary specified work to such sidewalk or curb to be done by such owner within a period of 30 days from the date of service of such notice, such notice to be served postage prepaid to the address of the property owner as provided by the Tax Assessor. If his/her address cannot be ascertained, then the notice may be inserted for four weeks, once a week, in an official newspaper of the Township.
A.Â
If the owner of the lands in question shall refuse or neglect to abate or remedy the condition within 30 days following receipt of notice pursuant to § 225-25, it shall be lawful for the appropriate Township official, upon filing of proof of service or publication of the aforesaid notice with the Township's Municipal Clerk and Township Administrator and upon the Township Administrator's direction, to cause the required work to be done and paid for out of the monies of the Township available for that purpose. Upon completion of the work, the amount expended therefor shall be certified by the Department of Finance to the Township Council. The Township Council, upon receipt of the certification of charges, shall by resolution certify the amount of the cost of such work and shall create same as a lien upon the lands abutting the sidewalk or curb where such work was done. Said lien shall become an assessment for local improvements to the same extent and manner as local improvement liens are 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.
B.Â
Nothing herein shall prohibit the Township from commencing an action
to recover the amount expended against the owner of land in any court
having competent jurisdiction thereof. A certified copy of the aforesaid
amount shall in such action be prima facie evidence of the existence
of the debt due from the owner/occupant to the Township.
