ORDINANCE NO. 136
AN ORDINANCE OF
The Board of Supervisors
of Kennett Township hereby enacts and ordains the following ordinance, which
shall be known as the “Kennett Township Sidewalk and Curb Ordinance.”
SECTION 1. Statutory Authority.
This ordinance is enacted pursuant to the authority conferred upon the
Board of Supervisors of the Township by the Second Class Township Code to
provide by ordinance for the repair of sidewalks and curbs within the Township
(53 P. S. ~67401).
SECTION 2. Repair by Property Owner.
The Board of Supervisors may, upon examination and recommendation of the
Roadmaster and/or Township Engineer, and 30 days written notice to a property
owner, direct a property owner to repair a sidewalk and/or curb abutting his/her
property and to pay the expense thereof.
All repairs done by a property owner or contractor shall be accomplished
in accordance with the standards set forth in Section 4 of this ordinance.
SECTION 3. Repair by Township.
The Board of Supervisors is hereby authorized to repair the sidewalks and
curbs within the township. When any sidewalks or curbs are repaired by the Board
of Supervisors under the authority of this ordinance, the expenses thereof shall
be paid by all property owners abutting the repaired area in proportion to their
frontage, but no owner shall be liable for the cost of repair of the sidewalk or
curb in an amount greater than 5% of the assessed valuation of the abutting
properties. Any expense above the
maximum liability of abutting property owners shall be paid by the Township.
SECTION 4. Design Standards.
All repairs of sidewalks and curbs within the Township shall be done in
accordance with the design standards established by the Kennett Township
Subdivision and Land Development Ordinance, which are incorporated herein by
reference as they presently exist and as they may be amended in the future. All
such work shall require a permit from and inspection by the Township to ensure
compliance with the requirements of the ordinance.
SECTION 5. Violations and
Penalties.
If a property owner fails to pay the expenses of repair of the sidewalks
or curbs for which the property owner is liable under Section 3 of this
ordinance, the Board of Supervisors may file a municipal claim therefore against
the property under the law for the filing and collection of municipal liens. If
the property owner fails to perform the repair after notice is given in
accordance with Section 2 of the ordinance, the Board of Supervisors may cause
the required work to be performed and file a municipal claim against the
property. In addition, any
Ordinance No 136
Page 2
person
who violates or permits the violation of this ordinance, upon being found liable
therefore in a civil enforcement proceeding commenced by the Township before a
district justice, shall pay a fine of not more than $600.00, plus all court
costs, including reasonable attorney’s fees incurred by the Township in the
enforcement of this ordinance. No
judgment shall be imposed until the date of the determination of the violation
by the district justice. If the
defendant neither pays nor timely appeals the judgment, the Township may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day a violation exists shall constitute a separate offense. Further,
the appropriate officer or agents of the Township are hereby authorized to seek
relief, including injunction, to enforce compliance herewith.
ENACTED AND ORDAINED this 18th day of March 2002.
BOARD OF SUPERVISORS
ATTEST:
___________________
Thomas W. Nale III
________________
Secretary
___________________
Michael E. Elling
____________________
Charles G. Shoemaker