[Adopted 2-22-2016 by Ord. No. 19-2016]
A.
The owner of any premises in the Township of Buena Vista abutting
a sidewalk or curb shall, at his/her own cost and expense, keep and
maintain such sidewalks or curbs in good condition and state of repair
and shall not permit the same to fall into a state of disrepair or
to become unfit or unsafe to walk upon.
B.
All existing sidewalks now or hereafter dedicated to public use shall
also be kept free from obstruction, such as, but not limited to, ice
and snow, by the respective owners of the respective lots or tract
of land fronting or bounding said sidewalks. In the event that such
sidewalk or curb or any part thereof becomes unsafe or hazardous to
the public or unfit to walk upon, the abutting owner, at his/her own
cost and expense, shall forthwith reconstruct or repair, as the facts
may require, such sidewalk or curb or that part thereof which requires
reconstruction or repair in accordance with the provisions hereinafter
set forth.
A.
In the case of neglect or refusal of any such owner, after due notice,
to so maintain or repair the sidewalk or curb in front of or adjoining
his/her lot or lots or land, such sidewalk shall be maintained and/or
repaired so as to conform as to the requirements of the prevailing
ordinance, under the direction and supervision of the Director of
Public Works or his designee. In such case of a sidewalk or a curb
in an unsafe or hazardous condition, the Director of Public Works
or his designee shall issue a notice in writing to be served upon
the owner of said abutting lands requiring the necessary specified
work to said sidewalk or curb to be completed by said owner within
the period of not less than 30 days from the date of the service of
said notice, which shall be either by personal service or by certified
mail. Whenever any lands are unoccupied and the owner cannot be found
within the Township, said notice may be mailed, postage prepaid, to
his/her post office address as the same appears in the latest tax
rolls of the Township of Buena Vista. In a case where an owner is
a nonresident of Buena Vista Township or his/her post office address
cannot be ascertained, then the notice may be inserted for four weeks,
once per week, in any of the official newspapers of the Township of
Buena Vista. Said notice shall not be required in the case of an emergency
or in the event that it is determined by the Director of Public Works
or his designee that ice and snow have created a hazardous condition,
in which case the same may be removed by Township designees within
24 hours of the occurrence when the owner cannot be properly notified
within that time period, at owner's expense as hereinafter provided.
B.
In the case where the owner of such lands as set forth in Subsection A above shall not comply with the requirements of such notice, it shall be lawful for the Township, upon filing due proof of service or publication of the aforesaid notice for the Office of the Township Clerk, to cause the required work to be completed and paid for out of Township funds available for that purpose. The cost of such work shall be certified by the Township Engineer, who shall verify the same and turn it over to the Township Clerk. Upon the filing of these certifications, the amount of the cost of such work shall be and become a lien upon said abutting lands in front of which said work was completed and shall be collected in the manner provided by law for the collection of other assessments, liens or taxes; in addition thereto, the Township of Buena Vista, at its option, may maintain an action in any court of competent jurisdiction for the collection of said funds.
Any person violating the terms of this article or refusing or
neglecting to comply with any of the provisions hereof shall, upon
conviction therefor, be subject to a fine of not more than $1,000,
imprisonment for not more than 90 days and/or a period of community
service for not more than 90 days, in the discretion of the court
before which such conviction is had. Each day's persistence in
the acts prohibited by this article shall be and constitute a separate
and distinct offense, subject to any and all penalties prescribed
in this article.
