[Adopted 8-29-2011 by Ord. No. 2011-3 (Ch. 21, Part 3, of the 1991 Code of Ordinances)]
A. 
The following words as used in this article shall have the meanings hereby respectively ascribed thereto:
PERSON
Any natural person, partnership, association, firm or corporation.
PROPERTY
Any lot, parcel or piece of land abutting any street in the Township of Fairview.
STREET
Any public street or private street as defined in Chapter 260, Subdivision and Land Development, adopted by the Township of Fairview, as that ordinance may be amended or reenacted from time to time.
B. 
In this article, the singular shall include the plural, the plural shall include the singular, the masculine shall include the feminine and neuter.
A. 
The Board of Supervisors of Fairview Township is hereby authorized to direct that the owner of any property abutting any street within the Township construct a curb or sidewalk, or both, which construction shall be in accordance with the requirements of this article. Upon the Board of Supervisors passing a motion, resolution or ordinance requiring the construction of such curb or sidewalk, the Township Manager, Assistant Township Manager, Zoning Officer, Codes Administration Director, the Township Secretary, and any Codes Inspector or Township Engineer, whether employed by the Township or acting as an independent contractor, shall be, and hereby is, authorized to give notice to the owner of the affected property.
B. 
It shall be the duty of each property owner receiving notice of the requirement to construct curbing, sidewalk or both, to submit an application for such construction to the Township of Fairview within 30 days of the date of such notice, and to complete the construction within 90 days of such notice.
C. 
Unless the Board of Supervisors shall decide otherwise, the construction of the curb, sidewalk, or both, shall be along the entire street frontage of such property.
D. 
Notices required under this section shall be sent to the property owner at the property address by first class mail and to the address where real estate tax bills are sent to the property owner if the address for real estate tax bills is different from the address of the affected property.
A. 
It shall be the duty of every owner of property having curbing or sidewalk to maintain the curb and sidewalk in a level, safe condition, free of hazards and uneven surfaces, and free of debris, holes and trip hazards. When such reconstruction, repair or maintenance of the sidewalk requires re-leveling, removal of all or any portion of the curb or sidewalk, or the use of concrete or paving, the property owner shall apply for a permit from the Township of Fairview for such work and shall submit to such inspections as may be required.
B. 
The Board of Supervisors, the Township Manager, the Assistant Township Manager, the Township Engineer, the Zoning Officer, the Codes Administration Director, the Township Secretary and any Code Inspector for the Township, whether employed by the Township or acting as an independent contractor, shall be, and are, hereby authorized to give notice of any property owner having curb or sidewalk in need of reconstruction, repair or maintenance notice to reconstruct, repair, or maintain such curb or sidewalk as may be required to maintain the sidewalk in a condition required by Subsection A above.
C. 
It shall be the duty of each property owner receiving notice of the requirement to reconstruct, maintain, or repair curbing, sidewalk or both, to submit an application for such reconstruction, maintenance, or repair to the Township of Fairview within 30 days of such notice, and to complete the construction within 90 days of such notice.
[Amended 8-27-2012 by Ord. No. 2012-4]
D. 
Notices required under this section shall be sent to the property owner at the property address by first class mail and to the address where real estate tax bills are sent to the property owner if the address for real estate tax bills is different from the address of the affected property.
A. 
In any case where a property owner shall fail, neglect or refuse to construct, reconstruct or repair a sidewalk or curb, as the case may be, within the time limits specified within the notice to do so, the Township shall have the authority to cause the work to be done and to collect the costs thereof, plus a penalty of 10%, in the manner prescribed by law.
B. 
In the event that the property owner fails to pay the costs set forth in Subsection A above within 15 days of the date the invoice, the Township is authorized to place a lien and to collect the amount due in accordance with the Municipal Claims and Tax Liens Law,[1] together with all penalties, costs, attorney fees as may be permitted by such law and any Township ordinance providing for the collection of charges, expenses and fees, including attorney fees and interest.[2]
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
[2]
Editor's Note: See Chapter A302, Fee Schedule.
No curb or sidewalk shall be constructed or reconstructed unless a permit shall have been issued by the Township and unless the line and grade of the proposed works first have been approved by the Township Engineer. Any curb or sidewalk constructed or reconstructed without the lines and grades having been approved by the Township Engineer, or placed otherwise in conformity with such lines and grades, or placed without inspection as required under this article, shall be removed and replaced at the proper line and grade and with the required inspections, at the expense of the owner of the affected property.
All curbs and sidewalks shall be constructed to the standards and regulations established by the Pennsylvania Department of Transportation for curbs and sidewalks, and construction shall be in accordance with all such standards, including, but not limited to:
A. 
Use of safety and warning devices.
B. 
Materials used in construction.
C. 
Use and storage of excavation equipment and construction equipment.
D. 
Restoration of destroyed or disturbed street paving.
E. 
Width of sidewalks.
F. 
Width of grass plots.
G. 
Curbing and sidewalk construction standards.
H. 
Work methods.
I. 
All other standards adopted by regulation, statute or otherwise by the Pennsylvania Department of Transportation with respect to the construction of curbs and sidewalks.
A. 
The owner, occupant and tenant of every property fronting upon or alongside any street in the Township of Fairview are hereby required to remove or cause to be removed from all sidewalks, where sidewalks exist in front of or alongside of such property, all snow or ice thereon fallen or formed within 12 hours after the same shall have ceased to fall or form, provided that snow or ice that has ceased to fall or be formed at 6:00 p.m. may be removed at any time before 10:00 a.m. on the next morning. Provided, further, the owner of a property shall be responsible for conforming to the requirements of this section where such property is occupied by such owner or is unoccupied; the owner and tenant or occupier thereof, where such property is occupied by such tenant or occupier only; and the owner thereof where the property is a multiple business or multiple dwelling property, occupied or intended to be occupied by more than one tenant or occupier.
B. 
In any case where the owner, occupant or tenant, as aforesaid, shall fail, neglect or refuse to comply with any of the provisions of Subsection A within the time limit prescribed therein, the Township may proceed immediately to clear all snow or ice from the sidewalks of such property owner and to collect the expenses thereof, plus any additional amount allowed by law, from such owner and occupant or tenant, as the case may be, which may be in addition to any other penalties imposed under this article.
This article shall not modify, amend, or supersede the provisions of Chapter 260, Subdivision and Land Development, as they apply to the construction of curbs or sidewalks in a subdivision and land development plan pending before the Board of Supervisors. Nothing in this section shall prohibit the Township, its Board of Supervisors, or its authorized officials from requiring the construction, reconstruction, maintenance or repair of curbs or sidewalks in accordance with this article at any property before or after the approval of any subdivision and land development plan; rather, this section is intended to make clear that this article shall not apply to the approval or disapproval of any subdivision or land development plan.
Any person who shall be found in violation of terms of this article or any part thereof, or in violation of any terms and conditions of any permit issued pursuant to this article, including any regulations applicable thereto, shall pay a fine of not more than $1,000. The Township Manager, the Assistant Township Manager, the Zoning Officer, the Codes Administration Director, the Township Engineer, any Code Enforcement Officer and any police officer are specifically authorized by the Board of Supervisors of Fairview Township to determine in each instance whether a violation has occurred and to bring an enforcement action and impose a fine upon the violator. Such person enforcing this article shall give the violator written notice by United States Mail or in person of the violation and the imposition of the fine. If the violator fails to pay the fine within the time specified in the notice of violation, the enforcing officer shall institute a civil enforcement proceeding on behalf of the Township, and any person found to be in violation shall be pay the fine as set forth above plus all court costs and attorney fees incurred by the Township in civil enforcement proceeding. Each day during which the violation continues shall constitute a separate offense. The amounts payable under this penalty provision shall be in addition to any amounts that the Township may be permitted to collect under any ordinance authorizing the collection of charges, expenses and fees, including reasonable attorney fees and interest, for delinquent accounts.[1]
[1]
Editor's Note: See Chapter A302, Fee Schedule.