[HISTORY: Adopted by the Board of Supervisors of the Township
of West Vincent as indicated in article histories. Amendments noted
where applicable.]
[Adopted 1-25-1999 by Ord. No. 91]
The Township may require owners of property abutting on any
street, including state highways, to construct, pave, repave and repair
the sidewalk, curb and gutter along such property, at such grades
and under such specifications as may be prescribed by the Township.
All sidewalks, curbs and gutters shall be constructed, paved,
repaved or repaired upon the line and grade approved by the Township.
Notice to construct, pave, repave and repair sidewalks, curbs
or gutters shall be given by registered or certified mail to abutting
property owners, and such owners shall have 45 days to comply with
said notice in conformity with any construction specifications prescribed
by the Township.
At any time during the performance of the required work, the
Township may inspect the work to determine whether construction specifications
are being observed.
Upon the failure of any property owner to construct, pave, repave
or maintain any sidewalk, curb or gutter in compliance with notice
to do so, the Township may do the same or cause the same to be done
and may levy the cost of its work on such owner as a property lien
to be collected in the manner provided by law.
Where a dangerous condition exists, the Township shall send
such property owner notice by registered or certified mail, stating
emergency repairs are required. Upon failure of such owner to comply
with the notice within 48 hours after receiving it, the Township may
make emergency repairs and levy the cost of its work on such owner
as a property lien to be collected in the manner provided by law.
In the event of an extreme emergency, the Township may give such notice
as appropriate and may take such action as appropriate to remove the
said emergency.
Any property owner not required by notice to construct, pave,
repave or keep in repair sidewalks, curbs or gutters may construct,
pave, repave or repair the sidewalk, curb and gutter abutting his
property, provided that such owner shall make application to the Township
before commencing work, shall conform to the provisions of this article
and other regulations as to specifications for construction and repair
work, and shall notify the Township within three business days after
completion of his work.
Every person in charge or control of any building or lot fronting
or abutting on a paved or concrete sidewalk, whether as owner, tenant,
occupant, lessee or otherwise, shall remove and clear away or cause
to be removed or cleared away snow and/or ice from a path of at least
30 inches in width from as much of said sidewalk as is in front of
or abuts on said building or lot.
A. Except as provided in Subsection
B hereof, snow and ice shall be removed from sidewalks within 24 hours after the cessation of any fall of snow, sleet or freezing rain.
B. In the event snow and/or ice on a sidewalk has become so hard that it cannot be removed without likelihood of damage to the sidewalk, the person charged with its removal shall, within the time mentioned in Subsection
A hereof, cause enough sand or other abrasive to be put on the sidewalk to make travel reasonably safe and shall, as soon thereafter as weather permits, cause to be cleared a path on said sidewalk of at least 30 inches in width.
No person shall deposit or cause to be deposited any snow or
ice on or immediately next to a fire hydrant or on any sidewalk, roadway,
or loading and unloading areas, except that snow and ice may be mounded
by the Township within public rights-of-way associated with the clearing
of the cartway therein.
In those cases where a homeowners' association has, in
writing, assumed and agreed to some or all of the responsibilities
for the duties and obligations of this article, including penalties,
then to that extent the duties and obligations described as being
those of the property owner shall be the responsibilities of the homeowners'
association and only the responsibilities of the property owner in
the event the homeowners' association fails to perform.
This article shall be enforced by action brought before the
Magisterial District Judge in the same manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure.
Violators shall be fined based on the following:
A. First violation per calendar year: warning.
B. Second violation per calendar year: minimum of $100.
C. Third and subsequent violations per calendar year: minimum of $500
per violation and may be imprisoned to the extent allowed by law for
the punishment of summary offenses.