§ 253-30. Municipal maintenance or repair upon failure of owner; service of notice.  


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  • A. 
    In the case of neglect or refusal of any such owner, after due notice, to so maintain or repair the sidewalk or curb in front of or adjoining his/her lot or lots or land, such sidewalk shall be maintained and/or repaired so as to conform as to the requirements of the prevailing ordinance, under the direction and supervision of the Director of Public Works or his designee. In such case of a sidewalk or a curb in an unsafe or hazardous condition, the Director of Public Works or his designee shall issue a notice in writing to be served upon the owner of said abutting lands requiring the necessary specified work to said sidewalk or curb to be completed by said owner within the period of not less than 30 days from the date of the service of said notice, which shall be either by personal service or by certified mail. Whenever any lands are unoccupied and the owner cannot be found within the Township, said notice may be mailed, postage prepaid, to his/her post office address as the same appears in the latest tax rolls of the Township of Buena Vista. In a case where an owner is a nonresident of Buena Vista Township or his/her post office address cannot be ascertained, then the notice may be inserted for four weeks, once per week, in any of the official newspapers of the Township of Buena Vista. Said notice shall not be required in the case of an emergency or in the event that it is determined by the Director of Public Works or his designee that ice and snow have created a hazardous condition, in which case the same may be removed by Township designees within 24 hours of the occurrence when the owner cannot be properly notified within that time period, at owner's expense as hereinafter provided.
    B. 
    In the case where the owner of such lands as set forth in Subsection A above shall not comply with the requirements of such notice, it shall be lawful for the Township, upon filing due proof of service or publication of the aforesaid notice for the Office of the Township Clerk, to cause the required work to be completed and paid for out of Township funds available for that purpose. The cost of such work shall be certified by the Township Engineer, who shall verify the same and turn it over to the Township Clerk. Upon the filing of these certifications, the amount of the cost of such work shall be and become a lien upon said abutting lands in front of which said work was completed and shall be collected in the manner provided by law for the collection of other assessments, liens or taxes; in addition thereto, the Township of Buena Vista, at its option, may maintain an action in any court of competent jurisdiction for the collection of said funds.