[Adopted 10-13-1997 by Ord. No. 104-1997]
This article shall be known and may be cited as the "Curb and
Sidewalk Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
A concrete or asphalt border or row of joined stones or similar
material marking the edge or forming part of a gutter along a street,
driveway or pathway.
Any improved pavement or part thereof fronting or alongside
of a street or highway, or within the curbline and the property line
of said street or highway, or between the property line and the vehicular
driveway, any unimproved or ground surface area or part thereof fronting
or alongside of a street or highway and located within the curbline
and the property line, or between the property line and the vehicular
driveway, if such area is used or usable as a walkway by the general
public.
It is the duty of the owners to keep curbs and sidewalks free of hazards which include, but are not limited to, the following: holes, excavation, projections, obstructions, excretion of animals, refuse, brush, weeds, broken glass, trash, rubbish, debris, etc. Upon notice by the Township, the owner, as herein provided, shall be given 10 days to comply with this section or otherwise be considered in violation thereof and subject to penalties as described § 334-18 of this article.
In any case where the owner as aforesaid shall fail, neglect, or refuse to comply with any of the provisions laid out above in this article or within the time limit prescribed therein, the Township of Carroll may, in its discretion, proceed immediately to maintain and repair the sidewalk of owner, to remove or repair as necessary and to collect the expenses thereof, with any additional amount allowed by law, from such owner which may be in addition to any fine or penalty imposed under § 334-18 of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not less than $75 nor more than $600, plus all court costs,
including reasonable attorneys' fees, incurred by the Township in
the enforcement of this article. If the defendant neither pays nor
timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Rules of Civil Procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate
officers or agents of the Township are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.
