[Ord. 2006-9, 12/7/2006, § 1; Ord. No. 3-2024, 11/7/2024]
This Part shall be called the "Hopewell Township Street Repair Ordinance."
[Ord. 2006-9, 12/7/2006, § 2; Ord. No. 3-2024, 11/7/2024]
Damage to the public streets of Hopewell Township has become a significant problem, has resulted in unreimbursed expense to the Township, and has an impact on and affects public safety, as well as and in addition to the public treasury.
[Ord. 2006-9, 12/7/2006, § 3; Ord. No. 3-2024, 11/7/2024]
The following words or terms are defined as follows. Each term shall include the singular, plural, masculine and feminine.
Any person as defined in this section who acts or conducts business on behalf any person within the Township, including but not limited to agents, servants, employees, contractors, subcontractors or providers of goods or services.
This term shall have the same meaning as in the Hopewell Township Zoning Ordinance [Chapter 27] for the term agricultural operation or normal agricultural operation, which, on the effective date this Part is defined as the customary and generally accepted activities, practices and procedures that farmers adopt, use or engage in year after year in the production and preparation for market of poultry, livestock and their products, and in the production and harvesting of agricultural, agronomic, horticultural, silvicultural and agricultural crops and commodities, and on land which is not less than 10 contiguous acres in area.
Each, every and all persons who have an ownership interest in real property within the Township. Ownership shall be established and presumed by the most current real estate tax assessment records of the Township.
Any permit issued by, through or with the permission of the Township, including but not limited to any building, construction, use or occupancy permit or certificate pursuant to the Hopewell Township Building Code [Chapter 5, Part 1], the Hopewell Township Building Permit Ordinance [Chapter 5, Part 1] or the Hopewell Township Zoning Ordinance [Chapter 27], any driveway or sewage permit, or NPDES permit.
A person or persons in their individual capacities, or any sole proprietorship, partnership, corporation, business or any other entity doing, engaging in, or conducting business in the Township. This term shall include owners as defined in this Part.
Hopewell Township, York County, Pennsylvania.
[Ord. 2006-9, 12/7/2006, § 4; Ord. No. 3-2024, 11/7/2024]
1.
Any person as defined in this Part, or any agent as defined in this Part of such person, or agent, contractor, subcontractor, or employee of any of them, who or which, in the course of erecting, moving, placing, constructing or enlarging any building or structure, or engaging in logging or any agricultural operation, plowing or disposing of snow, maintaining property, trimming or removing trees, shrubs or debris, or any other activity or operation within the Township, causes damage to any public street or public improvement shall violate this Part, and shall be subject to any or all of the following:
A.
Each person, owner or agent of any person or owner, if different, shall be liable to the Township for the cost of repairs to the public street and any repairs or replacements of culverts and drainage facilities associated with the public street, as determined and documented by the Township, as are reasonably necessary to restore the street to its condition prior to such damage. The Township, in its sole discretion, may, but need not, seek reimbursement from any or all persons, owners or agents who caused or contributed to such damage. In the event that the Township seeks recovery for such damages against more than one person, owner or agent, each shall be jointly and severally liable for such damages.
B.
The Township shall have the authority to issue an immediate order to stop all work, and, in the event that such damage occurs while in the course of operations for which any permit as defined in this Part has been issued, to revoke or suspend any and all permits on any and all properties of the permittee on the street where the damage occurred, until the Township receives the cost of all such repairs, or all damages have been repaired, whichever occurs first.
C.
No further permits, including use or use and occupancy certificates, shall be issued to the permit applicant or the property owner, if different, until all costs and penalties as determined by this Part, the Hopewell Township Building Code [Chapter 5, Part 1], the Hopewell Township Zoning Ordinance [Chapter 27] or any other ordinance, have been paid in full.
D.
The Township shall determine the nature and extent of the needed repairs, and shall make or contract for such repairs in such manner as is provided by law, unless the Township gives the person, owner or agent express authorization to make such repairs or cause them to be made, in which case such repairs shall be made within 30 days after such authorization, unless extended by the Board of Supervisors, and shall be made pursuant to Township specifications, and inspected by the Township pursuant to a schedule approved by the Township.
E.
The Township, in its sole discretion, shall have the right to recover its damages, or pursue any and all other legal remedies available to it, in law or equity, by commencement of a civil suit in a court of competent jurisdiction.
[Ord. 2006-9, 12/7/2006, § 5; Ord. No. 3-2024, 11/7/2024]
Prior to commencing any action pursuant to § 21-404 of this Part, the Township shall notify the owners of the real estate in writing of the damages, and shall give the owners the opportunity to pay the cost of repairs for such damages. Such notice shall be by certified or registered mail, return receipt requested, and first class mail. Notice to the owners shall constitute notice to all interested parties. Return of the certified mail as undelivered or unclaimed shall not invalidate the notice, so long as the notice sent by first class mail is not returned to the Township within 14 days after the date on the notice.
[Ord. 2006-9, 12/7/2006, § 6; Ord. 2016-1, 1/4/2016; Ord. No. 3-2024, 11/7/2024]
In addition to the civil damages authorized by § 21-404 of this Part, any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and reasonable attorney fees incurred by the Township in the enforcement proceeding and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense. The notice provisions of § 21-405 of this Part shall not apply to this section, and no notice shall be required prior to commencing action pursuant to this section.
[Ord. 2006-9, 12/7/2006, § 7; Ord. No. 3-2024, 11/7/2024]
This Part shall be enforced by the Township's designated Code Enforcement Officer, Manager or authorized police force, each and all of whom shall be and hereby are authorized to issue and commence on behalf of the Township any and all notices, summary citations, civil actions or other documentation necessary for the enforcement of any of the provisions of this Part.