[Adopted 6-8-2015 by Ord.
No. 230]
This article shall be known and may be cited as the "West Earl
Township Sidewalk Ordinance."
The following words, when used in this article, shall have the
meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise:
In reference to any street, the term shall mean any property
physically adjoining the street, regardless of what the reversions
rights in the street may be and regardless of where the lot line may
be in relation to the street.
[Added 6-8-2020 by Ord. No. 252]
The governing body of the Township.
The person appointed by the Board of Supervisors to administer
and enforce this article.
The portion of a street located outside of the cartway and
may include a paved footway, unpaved grass, curb, and swale or gutter.
[Added 6-8-2020 by Ord. No. 252]
The Township of West Earl, Lancaster County, Pennsylvania.
The Board of Supervisors shall determine where sidewalks shall
be constructed and surfaced along the public highway and streets of
the Township.
Upon the enactment of an ordinance requiring installation of
sidewalks along one or more identified streets, the Code Enforcement
Officer shall serve written notice upon the owners of properties abutting
on said public highways and streets, requiring them to construct and
surface such sidewalk with 180 days from the date of such notice.
The sidewalk shall be constructed in the manner and under the specifications
as hereinafter set forth.
From and after the passage of this article, all existing sidewalks
within the Township found to be defective or in need of resurfacing
or repairs shall be resurfaced and/or repaired by the owners of the
lots fronting or abutting thereon, after receipt of and in accordance
with the terms of a notice to be issued and served as hereinafter
set forth.
An existing sidewalk shall be deemed defective and/or in need
of replacement, resurfacing or repair whenever, by reason of being
uneven, cracked, broken or otherwise defective, such sidewalk becomes
hazardous or presents a danger or risk in use by a pedestrian while
walking or jogging and/or in the normal use of sidewalks with tricycles,
baby strollers and the like.
The need for and the type of repairs or resurfacing to be made
to existing sidewalks under the provisions of this article shall be
determined by the Code Enforcement Officer.
The Code Enforcement Officer shall make periodic, but at least
annual, inspections of all existing sidewalks in the Township.
Upon determination of the need for resurfacing or repairs to
existing sidewalks, the Code Enforcement Officer shall give notice
of the type and extent of the sidewalk repairs and/or resurfacing
required under the provisions of this article. Such notice shall be
served upon the owner of the property abutting the defective sidewalk.
All resurfacing or repairs required shall be completed within six
months of the date of the notice. Construction standards and specifications
will be provided with the West Earl Township sidewalk permit application.
The Township shall service notice required by this article upon
the owner of the subject property in any of the following manners:
By delivering the same to such owner personally, by delivering the
same to and leaving it with an adult person in charge of the property
if the owner of the property resides at the property, by affixing
the same in a conspicuous position upon said property if the owner
of the property resides on the property, or by sending said notice
by certified mail, return receipt requested, and first class mail
addressed to the owner at the last known address of the owner. Service
by mail shall be considered complete if the certified mail is accepted
or if the certified mail is unclaimed and the notice sent by first
class mail is not returned to the Township as undeliverable.
Notice to be served under the provisions of this article by
the Code Enforcement Officer shall set forth the defects found, the
type and extent of the repairs required and that such repairs must
be completed within six months of the date of this notice.
In the event that the owner of the premises for which the defective
sidewalk notice has been given desires to contest the determination
of the Code Enforcement Officer that the sidewalk is defective, such
owner shall have a right within five days to appeal such determination
to the Township Manager. Any appeal shall be in writing and shall
contain all of the reasons for the appeal, together with any appeal
fee established by ordinance or resolution. The Township Manager,
after personal inspection, shall within seven days of the date of
any such appeal make a determination of approval or disapproval of
the finding of the Code Enforcement Officer and shall note his/her
determination by endorsement on a copy of the initial notice with
notification thereof to the owner by mail.
The failure of the owner of the property to comply with the
provisions of any notice served under the provisions of this article
within a period of six months shall be considered a violation of this
article, and the Township shall have the right to have the repairs
and resurfacing required under the notice to de done at the cost of
such owner and shall thereafter collect the cost thereof, together
with the 10% penalty. The provision of this section shall not be considered
exclusive, and the Township, in addition, may proceed for the violation
of this article as hereinafter provided.
The cost and charges together with penalties shall be collected
from the owner either by the filling of a municipal claim and lien
thereof in accordance with law or by civil action for the collection
of the same in accordance with the provisions of the Second Class
Township Code and the Municipal Claim and Tax Lien Law.[1] Such claims shall bear interest at the rate of 10%. A
certificate as to cost, expenses and penalties from the Township Secretary
shall be conclusive as to the costs of such repairs and resurfacing.
[1]
Editor's Note: See 53 P.S. § 7101 et seq.
In lieu of the procedure set forth above, the Township may prepare
specifications for and obtain quotations by way of competitive proposals
or sealed bids, if required by law, for the installation, resurfacing,
repair or replacement of sidewalks required under the provisions of
this article. Such proposals and/or bids may be received and contracts
let for work thereunder by the Board of Supervisors after notice to
all affected owners of property that the Township intends to undertake
such work and shall, in lieu of assessment for failure to perform
such work by owner or owners of property, apportion the cost of such
contract or contracts to each property owner in the proportion to
their frontage. If any property owner fails to respond to such notice
or refuses to participate in the owner's proportionate cost of such
contract or contracts, the sidewalks situated on such owner's property
shall be installed, resurfaced, repaired or replaced and costs assessed
in accordance with other sections of this article.
It shall be unlawful for any person to tear up, destroy, remove,
deface, excavate, install, repair or resurfacing any sidewalk along
the public highway or streets of the Township, whether after notice
by the Township to make repairs or resurfacing or otherwise, except
in accordance with a sidewalk permit duly issued by the Code Enforcement
Officer after written application to him/her.
The installation, resurfacing, repair or replacement of sidewalks required under the provisions of this article shall be installed, completed and done in accordance with the specifications set forth in Chapter 155, Subdivision and Land Development.
Whenever any sidewalk is to be installed or resurfacing under
the provisions of this article at an intersection, and it is determined
necessary and in the best interest of the Township for the benefit
of commerce or the use by the handicapped, then, in that event, the
resurfacing or installation required under this article shall include
the gradual grading of concrete from the established grade of the
sidewalk to street level upon plans and specifications prepared by
the Township Official.
Notwithstanding the foregoing, when in the opinion of the Code
Enforcement Officer, a dangerous condition exists on any sidewalk
with the Township which has an immediate effect upon the safety or
public welfare of the Township, a notice to make such repairs within
30 days shall be served upon the owner of the property abutting or
fronting upon the defective sidewalk in the manner hereinabove set
forth. In the event that such emergency repairs are not made within
30 days, the Township shall have the right to make such repairs and
charge the costs thereof against the owner of the property, together
with a penalty of 10% of such costs, which charge shall be collected
in the manner herein set forth.
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof, shall be sentenced to pay
a fine of not less than $100 or more than $1,000 plus costs and, in
default of payment of said fine and cost, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this article continues
shall constitute a separate offense, and each day that a violation
continues constitutes a separate violation.
