[Adopted 10-20-1971 by Ord. No. 728]
The following words, when used in this article,
shall have the meanings ascribed to them in this section:
Includes all properties used for industrial or commercial
purposes in which no persons reside, provided that multiple-dwelling
residential buildings or projects containing more than four dwelling
units, for purposes of this article shall be treated as nonresidential
properties.
That area of a nonresidential property used in connection
with the main nonresidential use for the temporary leaving of vehicles.
Includes any natural person, association, partnership, firm
or corporation.
That area of a nonresidential, nonpublic property used in
connection with the main nonresidential use as a thoroughfare for
ingress and egress, including alleys and driveways.
[Amended 2-15-1978 by Ord. No. 934]
A.
No person owning or occupying any nonresidential property
within Bristol Township shall permit any parking area or private street
to become deteriorated and shall maintain said parking area and private
street in good repair, smoothly graded, hard surfaced and adequately
drained.
B.
Persons who own or occupy nonresidential properties
upon which or adjacent to which is a private street or parking area
are hereby required to remove therefrom or cause to be removed, snow,
ice or sleet therefrom within 24 hours after the same shall have ceased
to fall or to form; provided that "removal" shall mean making said
private streets and/or parking areas reasonably passable and safe
for motor vehicles and/or pedestrians.
[Amended 2-15-1978 by Ord. No. 934]
All parking areas and private streets situate
on nonresidential property which have all or any of the following
defects shall be deemed "dangerous parking areas and private streets":
A.
Those whose surfaces have become deteriorated wherein
the surfaces have been destroyed and crumbled causing holes, ruts
and depressions in excess of four inches in depth.
B.
Those which have become or are so deteriorated that
they may cause injury to members of the public or property.
C.
Those which have no provision for proper drainage
of surface runoff, including but not limited to:
(1)
Failure to provide for the surface water generated
by the impervious surfaces of the subject private street and/or parking
area to flow into the Township storm sewer system;
(2)
Conditions on said private streets and/or parking
areas which cause water accumulations in the form of puddling or ponding
to a depth of four inches or more, upon a rainfall of one inch or
less in a twenty-four-hour period; or
(3)
Conditions which result in the flow of the surface
waters so generated upon any adjacent public or private property.
All dangerous parking areas and private streets within the terms of § 175-9 of this article are hereby declared to be a public nuisance and shall be repaired and maintained as hereinafter provided.
The following standards shall be followed in
substance by the Building Inspector in ordering repairs and maintenance:
A.
If a dangerous parking area or private street can
reasonably be repaired so that it will no longer exist in violation
of the terms of this article, it shall be ordered repaired.
B.
Restoration and repair shall be in accordance with
the specifications of the Township of Bristol for the restoration
of surface streets in the Township.
C.
The surface shall conform to proper grade for entrance
and exit onto the public thoroughfare.
D.
Owner or occupier shall notify the Township before
the repair work is commenced.
E.
During repair work, every reasonable and necessary
precaution shall be taken by the owner or occupier to keep the area
safe to the public and property.
The Building Inspector shall:
A.
Inspect or cause to be inspected, semiannually, all parking areas and private streets for the purpose of determining whether any condition exists which renders such places to be a dangerous parking area or dangerous private street within the terms of § 175-9 of this article.
B.
Inspect or cause to be inspected any parking area
or private street about which complaints are filed by any person,
by the Police and Fire Departments.
C.
Inspect or cause to be inspected any parking area
or private street wherein a deterioration is causing or contributing
to the cause of any storm drainage line being blocked.
[Amended 10-20-1992 by Ord. No. 92-17]
When determined through investigation by the Township that parking areas have not been properly maintained or are in violation of §§ 175-8 and/or 175-9 of this article, the Managing Director or any official or employee of the Township designated thereby is hereby authorized and directed to issue a notice of violation to the owners or occupiers of such property by certified mail, return receipt requested. The notice of violation shall contain an order to repair said dangerous parking area or dangerous private street within seven days.
A.
Should any person refuse, neglect or fail to comply
with any of the terms or provisions and requests of this article or
with any notices given pursuant to the provisions thereto, the Township
of Bristol may, through its own agents, contractors or employees,
cause said dangerous conditions to be repaired.
B.
The cost thereof, including but not limited to administration
and supervision, transportation of equipment, rental equipment, equipment
operation and incidental labor, shall be certified to the Township
Solicitor, who shall enter the same as a lien against the property
in the Court of Common Pleas and shall proceed with collecting the
same in like manner as any other municipal claims are recoverable
or through action of assumption which may be brought to recover the
same in the name of the Township from the owner.
[Amended 10-20-1992 by Ord. No. 92-17]
Any person who shall violate any provision of
this article shall, upon conviction thereof, be subject to a fine
not to exceed $1,000, plus costs of prosecution, and, in default thereof
shall be imprisoned for a term not to exceed 30 days.
