[Adopted 8-1-1979 by Ord. No. 1874]
As used in this article, the following terms
shall have the meanings indicated:
Any individual, firm, corporation, association or partnership.
[Amended 4-20-1994 by Ord. No. 3357; 11-15-1995 by Ord. No.
3403; 8-2-2006 by Ord. No. 3786; 5-15-2019 by Ord. No. 4165]
The owner of the abutting property shall keep
the adjacent sidewalk and curb, together with any portion of such
owner's property paved and used as a sidewalk or public walk, in good
order and repair and at all times free and clear of all obstructions
to safe and convenient passage. Sidewalks with one or more of the
following conditions shall be deemed to present an obstruction to
safe and convenient passage:
A.
A difference
in elevation of more than 1/4 inch between blocks or the result of
a crack within a block; or
B.
A crack
within a block that is 1/2 inch or more in width; or
C.
A block
where the concrete finish is spalling, flaking or crumbling causing
a slipping or tripping condition, as determined by the Public Works
or Building and Planning Department inspector.
If the owner of any property neglects to perform
such duty so required of him, the Director of Public Works may serve
written notice upon such owner requiring him to do what is necessary.
The notice provided for in this section may be served on the property
owner by leaving the same at his place of residence or, if he has
no residence in the Township of Lower Merion, then by posting the
same on the premises and mailing a copy thereof to the owner at his
last known address.
If such property owner fails to comply with
the requirements of such notice within 30 days from the date of its
service, the Township of Lower Merion may make the necessary repairs
or remove any obstruction. The cost of the same, together with a penalty
of 10%, shall be paid by the delinquent owner and may be collected
by action of assumpsit, or the Township may file a municipal lien
against the property.
[Amended 8-3-1988 by Ord. No. 3104]
It shall be unlawful for any property owner to be in violation of the provisions of § 133-20 of this article for more than 30 days after the service of notice as provided for in § 133-21 of this article. Any property owner in violation as aforesaid shall be subject to a fine or penalty of not more than $600 for each and every offense, to be collected before any District Justice as like fines or penalties are by law collectible; provided, however, that each period of 24 hours during which the prohibited conditions shall be allowed to continue shall constitute a new and separate offense hereunder.
