Pennsylvania § 5903 - Paving and curbing sidewalks.

§ 5903. Paving and curbing sidewalks.

(a) General rule.--Townships may, upon notice as provided by ordinance, require owners of property abutting on a street, including State highways and county roads, to construct, grade, pave, curb, repave and recurb the sidewalks along the property under regulations and specifications prescribed by ordinance. All reconstruction, repaving and recurbing may be provided for in the ordinance providing for the original construction, paving and curbing, without the necessity for adopting a new ordinance providing for the reconstruction, repaving and recurbing.

(b) Failure to comply.--Upon the failure of a property owner to comply with the notice under subsection (a), a township may cause the construction, grading, paving, curbing, repaving and recurbing to be done by the township itself or by contract, and to levy and collect the cost of the work from the property owner abutting the sidewalk.

(c) Cost.--The cost of any work incurred by the township under subsection (b) may be levied against and collected from the owner who failed to complete the work after notice to do so, together with a penalty of 10% of the costs and all charges and expenses. The costs, penalties, charges and expenses provided for shall be a lien upon the property for which the notice to do the work was given. The lien shall exist from the time of the commencement of the work, which date shall be fixed by the township engineer and certified to the township secretary in accordance with section 3504 (relating to certificate of commencement and of completion of municipal improvements). A lien may be collected by action in assumpsit or by lien filed in the manner provided by law for the filing and collection of municipal claims, or the cost of any construction, grading, paving, curbing, repaving and recurbing may be borne in whole or in part by the township. If the township pays in part, the remaining cost shall be collected as provided by this section.

(d) Notice.--

(1) Each notice shall be served upon the owner of the premises to which the notice refers, if the owner is a resident of the township. If the owner is not a resident, the notice may be served upon the agent or tenant of the owner or upon the occupant of the premises. If the owner has no agent or tenant or there is no occupier of the premises, service shall be by notice posted upon the premises.

(2) The notice required by this section shall specify a period of time of not less than 60 days for the owner to complete the specified work. If the work has not been completed after the specified time has elapsed, the owner shall be deemed to have failed to comply.

Cross References. Section 5903 is referred to in sections 5904, 5905 of this title.