[Adopted 10-16-2012 by Ord. No. 2012-02]
The owner, occupant or person in charge of each building, structure
or unoccupied lot fronting or abutting a sidewalk shall not encroach
upon or in any way obstruct or encumber any sidewalk dedicated to
public use, or any part thereof, or permit such encroachment or encumbrance
to be placed or remain on any sidewalk adjoining the premises of which
he or she is the owner or occupant. Specifically, no person may discharge
upon any sidewalk, or permit to be discharged thereon, any mud, sand,
gravel or other material. It shall be the responsibility of the owner,
occupant or person in charge of each building, structure or unoccupied
lot fronting or abutting a sidewalk to ensure that sidewalks are kept
clear of any mud, sand, gravel or other material, including but not
limited to leaves, grass, flowers, plants and shrubs that accumulate
or overhang the sidewalk. In addition, tree limbs must be pruned for
a minimum ten-foot clearance above the sidewalk.
The owner, occupant or person in charge of each building, structure
or unoccupied lot fronting or abutting a sidewalk shall remove snow
and ice from the sidewalk, including handicap ramps adjacent to such
building, structure or unoccupied lot and/or streets (as well as from
any fire hydrant upon or directly adjacent to the property to a point
no higher than four inches below the lowest outlet hydrant cap). The
snow and/or ice must be removed from the entire width of the sidewalk
and handicap ramps (and from fire hydrants). No accumulation of snow
or ice may be permitted to remain for longer than 24 hours regardless
of the source of the snow or ice. Notwithstanding this requirement,
no obligation to remove snow or ice shall commence until the snowfall
or precipitation event has ceased unless the snowfall or precipitation
event lasts, continuously or intermittently, for a period of greater
than 24 hours, in which case snow and ice shall be removed as completely
as possible at least once every 24 hours. If ice cannot be removed
immediately, it shall be sprinkled with salt or similar ice melt product,
sand, cinders or a combination thereof until it can be removed. No
person shall be permitted to deposit or otherwise place snow or ice
on any sidewalk.
The owner, occupant or person in charge of each building, structure
or unoccupied lot fronting or abutting a sidewalk shall keep the public
sidewalks in good order and repair and in a reasonably safe condition.
Upon determination and notification by the Township that a sidewalk
is in need of repair or reconstruction, it shall be the responsibility
and duty of the owner, occupant or person in charge of each building,
structure or unoccupied lot fronting or abutting a sidewalk to maintain,
repair or reconstruct sidewalks and assume all costs with regard to
such. Required maintenance and repair of sidewalk areas must commence
by a period not to exceed 90 days from the time notice is given. The
Township, at its discretion, and for sufficient cause, may extend
the period within which repairs, maintenance or replacement are required
to commence.
The owner, occupant or person in charge of each building, structure or unoccupied lot fronting or abutting a sidewalk required by § 95-23. To maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and nondangerous condition. If, as a result of the failure of any owner, occupant or person in charge of each building, structure or unoccupied lot fronting or abutting a sidewalk to maintain the sidewalk in a nondangerous condition as required by § 95-23, any person suffers injury or damage to person or property, the owner, occupant or person in charge shall be liable to such person for the resulting damages or injury.
[Amended 7-16-2019 by Ord. No. 2019-03]
This article shall be enforced by action brought before a Magisterial
District Judge in the same manner provided for the enforcement of
summary offenses under the Pennsylvania Rules of Criminal Procedure.
Any person, partnership, corporation or other entity who or which
violates or permits a violation of the provisions of this article
shall, upon conviction in a summary proceeding, pay a fine of not
less than $100 nor more than $1,000 per violation, plus all court
costs and reasonable attorney's fees incurred by Chestnuthill Township
in the enforcement proceedings, and/or be imprisoned to the extent
allowed by law for the punishment of summary offenses. Each day or
portion thereof that a violation exists or continues shall constitute
a separate violation, and each section of this article that is violated
shall also constitute a separate offense. Further, the appropriate
officers or agents of Chestnuthill Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
with this article. All fines, penalties, costs and reasonable attorneys'
fees collected for the violation of this article shall be paid to
Chestnuthill Township for its general use.
