[Ord. 989, 6/16/2014, § 1]
Whenever it shall be determined proper and necessary by the
Board of Supervisors that sidewalks shall be graded, constructed,
paved, painted or curbed in any public highway of the Township, or
adjacent to any public highway of the Township, the Board of Supervisors
shall direct the Manager, by resolution at any public meeting of the
Board of Supervisors, after public hearing, to serve written notices
upon the owners of property abutting on said public highways, requiring
them to grade, construct, pave, paint or curb such sidewalks within
90 days from the date of such notice. The notice shall specify the
width of the sidewalk, whether the sidewalk is to be constructed within
the public right-of-way or adjacent to the public right-of-way, the
character of the same, whether of concrete, brick or other materials,
and the nature of the surfacing thereof.
[Ord. 989, 6/16/2014, § 1]
1.
Whenever it shall be determined proper and necessary by the Township
Engineer that sidewalks shall be repaved, recurbed, repainted and
repaired in any public highway of the Township or adjacent to any
public highway of the Township, the Manager, or his designee, shall
serve written notices upon the owners of property abutting on said
public highways, requiring them to repave, recurb, repaint or repair
such sidewalks within 90 days from the date of such notice unless
it is determined by the Township Manager that such condition constitutes
an emergency, in which case 30 days' notice shall be given.
2.
The notice shall specify the width of the sidewalk, whether the sidewalk
is to be constructed within the public right-of-way or adjacent to
the public right-of-way, the character of the same, whether of concrete,
brick or other material, and the nature of the surface thereof.
3.
The Township Engineer or designated representative may perform sidewalk
inspections periodically to determine what sidewalks are in need of
replacement or repair.
[Ord. 989, 6/16/2014, § 1]
Upon failure of any owner of property abutting on said streets to do and perform any work required by the notice provided for in §§ 21-201 and 21-202 of this Part within the time specified in such notice, the Board of Supervisors shall cause the same to be done and collect the cost of the work and material from the abutting property owners on a foot-front basis, plus a penalty of 10%, in the manner provided by law.
[Ord. 989, 6/16/2014, § 1]
Whenever any sidewalk is constructed or delineated in a public highway of the Township or adjacent to any public highway of the Township, either by voluntary action of an abutting property owner or pursuant to notice under § 21-201 of this Part, the said sidewalk shall be constructed or delineated in conformity with plans and specifications approved by the Township Engineer and shall be subject to his inspection. All such sidewalk pavements shall be constructed or delineated in the location, to the width and of the material specified in the notice received by the property owner, or in case the said sidewalk is constructed without notice the same shall be constructed or delineated in the location, to the width and of the materials in accordance with specifications submitted by the Township Engineer upon application to him, and said sidewalks shall conform to the established grade of the street on which the same are laid, or to such grade as shall be fixed by the Township Engineer or Manager.
[Ord. 989, 6/16/2014, § 1]
It shall be unlawful for any person to tear up, destroy, remove,
deface or excavate, or otherwise damage any sidewalk or curb in the
public highways of the Township, or adjacent to any public highway
in the Township, except in accordance with permit duly issued by the
Township Engineer upon written application to him.
[Ord. 989, 6/16/2014, § 1]
It shall be unlawful for any person to deposit any stone, dirt,
glass, rubbish, garbage, refuse, wood or other matter upon any of
the sidewalks in the public highways of the Township, or adjacent
to any public highway of the Township. The sidewalks shall be kept
open and unobstructed at all times for use of the public, and the
owner of the abutting property shall keep the full width of said sidewalk
areas free from weeds, hedges, overhanging tree limbs and any other
obstructions at all times.
[Ord. 989, 6/16/2014, § 1]
1.
Responsibility for Removal of Snow and Ice. It shall be the duty
of the owners of properties as hereinafter provided, and the owners
of unoccupied lots along whose premises sidewalks have been laid,
or may hereafter be laid under the authority of the Township, to cause
said sidewalks along their respective properties to be cleared to
the full width of said sidewalk of snow or ice within 24 hours after
the same shall have ceased to fall, in the case of snow, or shall
have occurred, in the case of ice, whether from precipitation or other
means; provided, the owner shall be responsible for conforming to
the provisions of this section.
2.
Responsibility for Dedicated Streets Prior to Acceptance. It shall
be the duty of all owners of properties containing apartments or multiple
family dwellings to cause dedicated paved streets along the respective
properties to be cleared of snow or ice within 24 hours after the
same shall have ceased to fall, in the case of snow, or shall have
occurred, in the case of ice, which duty shall continue until said
streets shall have been accepted as a public right-of-way of the Township,
3.
Exemption for Sidewalks Not Providing Consistent Connectivity. By October 31 of each year, where the Board of Supervisors determine that there should be exemptions, the Board of Supervisors shall adopt a sidewalk snow removal policy map which will identify areas within the Township that contain sidewalks that do not provide consistent connectivity. Owners of properties within such identified areas shah be exempt from the snow and ice removal requirements of § 21-207. This exemption is intended to treat properties abutting sidewalks that are not connected to other sidewalks different than properties abutting sidewalks in high pedestrian traffic areas. This subsection is not intended to relieve property owners and/or occupiers from the responsibility and duty to keep their property free from dangerous conditions.[1]
[1]
Editor's Note: Res. 2014-32, 10/20/2014, adopted a Revised Snow Removal Policy Map dated October 6, 2014, which is included as an attachment to this chapter.
[Ord. 989, 6/16/2014, § 1]
In the case of occupied, unoccupied, or vacant property where the owner or tenant has refused or neglected to clear said sidewalks, the Township Manager or his designee may authorize the Municipality or its contracted agent to clear any stone, dirt, glass, rubbish, garbage, refuse, wood, weeds, hedges or other matter, or other obstructions, or cause the same to be cleared, and the cost of clearing them, with 10% additional, shall be collected by the Township from said owner of the property. Such amount may be charged in addition to any fine or penalty imposed under § 21-211 hereof and the expense thereof shall be levied against the property and collected from the owners in the manner provided for the collection of municipal liens.
[Ord. 989, 6/16/2014, § 1]
1.
The removal of any snow or ice by the Municipality shall commence without notice, but shall not occur prior to the accrual of three violations in accordance with the Township of Ferguson's schedule of fees, as may be amended annually. Whenever any owner of any property shall refuse or neglect to clear the said sidewalks, as provided in § 21-207, Subsections 1 and 2, hereof, the Township Manager or his designee may authorize the Township or its contracted agent to clear or cause the same to be cleared, and the cost of clearing them, with 10% additional, shall be collected by the Municipality from the said owner of the property.
[Ord. 989, 6/16/2014, § 1]
The provisions of this Part shall not affect any act done, liability
incurred or right accrued or vested, or affect any suit or prosecution
pending or to be instituted, to enforce any right or penalty or punish
any offense under the authority of any ordinance or part thereof repealed
in this Part.
[Ord. 989, 6/16/2014, § 1]
1.
Violation of Part 2, Sidewalks, Excepting Snow Removal from Sidewalks. Except as provided in Subsection 2 with regard to penalty for snow removal from sidewalks, any person, firm, or corporation, who shall violate any provision of this Part or this code shall, upon conviction thereof in a proceeding commenced before a district judge pursuant to the Pennsylvania Rules of Criminal Procedures, be sentenced to a fine of not less than $100 nor 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 continues after due notice has been served, in accordance with the terms and provisions hereof, shall be deemed a separate offense.
2.
Violation of § 21-207, Snow Removal from Sidewalks.
A.
Any person, partnership, firm, association or corporation violating any provision of § 21-207 hereof shall, for each and every violation, be required to pay a fine as set forth within the Township of Ferguson's schedule of fees, as may be amended annually. Provided, each day's continuance of a violation shall constitute a separate offense. Provided, the enforcement personnel of the Township of Ferguson shall, within five days of violation, issue a warning notice either by personal delivery, United States mail or by posting on the property.
B.
In each case, the notice shall contain the section violated, the location where the violation took place, the name(s) of the property owners, and any other facts that might pertain to the circumstances attending the violation. The warning notice shall also contain instructions to the person, partnership, firm, association or corporation responsible for such violation that if the violation is not corrected within 24 hours of the time on the warning notice, the Ordinance Enforcement Officer will issue a notice of violation directing that the violation be corrected within 24 hours of receipt of the notice, with the appropriate penalty noted on the notice. Failure to correct the violation within 24 hours of the receipt of the violation notice will result in subsequent notices and appropriate fines for each violation as noted in the Township of Ferguson's schedule of fees and, where applicable, § 21-208 hereof. All notices shall be served to the owner of the property. Warning and subsequent violation or violations incurred by the property owner shall be the sole responsibility of the property owner to rectify.
C.
The failure of such person to make payment, as aforesaid, within
seven days, of each notice of violation he, she or they shall, upon
conviction of such default, neglect or refusal, pay a fine of not
less than $100 and not more than $1,000, to be collected as now provided
by law. Each day said owner shall neglect or refuse to remove said
snow or ice, as provided by this Part, shall be a separate offense.
3.
Nothing contained in this section shall affect, in any way, the provisions
of this Part regarding separate offenses for every day any violation
occurs.
