[Adopted 10-19-2004 by Ord. No. 249]
The following words as described in this article shall have the following meanings:
OCCUPANT
A person who is in physical possession of real property; or a person who has responsibility for and control over the condition of real property, the activities conducted on that real property, and the persons allowed to enter that real property.
OWNER
Any person who is recorded on the tax records as the owner of real property.
PERSON
Any natural person, partnership, association, firm or corporation, and the successor or the heir, executor, administrators or other legal representatives of a person.
SIDEWALKS
That part of the street right-of-way, or that area adjacent to the street right-of-way, especially adapted to the use of or ordinarily used by pedestrians, including, without limitation, that part of the street right-of-way between the curbline (or the edge of the roadway where there is no curbline) to the edge of the of the street right-of-way, whether or not paved or improved.
TOWNSHIP
Township of East Lampeter.
Every owner and occupant of any premises that adjoins or is abutting to or on a sidewalk within the Township shall be charged with the responsibility to keep such sidewalk in a good state of repair and free from defects and debris and shall be responsible for all costs associated.
The Zoning Officer or the Township Manager, upon ascertaining that the sidewalks are not being maintained or repaired and are in violation of this article, shall give written notice by first-class mail or certified mail, return receipt requested, to the owner or occupant of the premises which adjoins or is abutting to or on such sidewalks that are in violation of the provisions of this article, and shall direct the owner or occupant to maintain or repair the sidewalks so as to conform to the requirements of this article within seven days.
In case any person shall neglect, fail, or refuse to comply with such notice within the period of time stated therein, the Township may cause such sidewalks to be maintained or repaired, and the expenses thereof, together with any penalty authorized by law, may be collected from such person in the manner provided by law.
Any person who shall fail, neglect, or refuse to comply with any of the provisions of this article shall, upon conviction thereof before any Magisterial District Judge, be sentenced to pay a fine or penalty of not more than $1,000 and costs of prosecution, and in default of payment of such fine or penalty and costs, to undergo imprisonment to the extent allowed by law for the punishment of summary offenses; provided, however, each day's violation shall constitute a separate offense.
On any claim presented for bodily injury or property damage on the sidewalk caused by a defect in the sidewalk, debris on the sidewalk or other lack of maintenance or repair of the sidewalks, the adjoining or abutting property owner shall be held liable in tort for such damages to another. Should the Township be called upon to make such payment to a third party, the Township will look to the adjoining or abutting owner for, and the adjoining or abutting owners shall be responsible for, contribution and indemnity for all costs, including all legal fees.
Other than as provided for in § 290-34, all ordinances or parts of ordinances conflicting with the provisions of this article are hereby repealed.