Township of Franklin, NJ Article III Sidewalk Maintenance

[Adopted 6-6-2005 by Ord. No. 2005-8]

§ 120-23 Premises owner to maintain sidewalks and curbs.

A. The owner, tenant or occupant of any premises and/or property abutting a sidewalk or curb in the Township of Franklin shall, at the owner's cost and expense, keep and maintain such sidewalk or curb in good condition and state of repair so as to not permit the same to become unfit or unsafe to walk upon. In the event that such a sidewalk or curb or any part thereof becomes unsafe or unfit to walk upon, the abutting owner, tenant or occupant at his own expense, shall with reasonable diligence, maintain, reconstruct, repair and/or replace, as the facts may require, such sidewalk or curb or the part which requires maintenance, reconstruction, replacement and/or repair.

B. It shall further be the responsibility of the owner, tenant or occupant of property abutting a sidewalk or curb to maintain the area between the curb and sidewalk. The responsibility extends to all grass, flowering plants, weeds, and trees.

§ 120-24 Township may repair.

In case a sidewalk or curb is in such a state of disrepair that it requires maintenance, reconstruction, replacement and/or repair, and an owner, tenant or occupant abutting such sidewalk or curb fails to take such steps to maintain, reconstruct, replace or repair the sidewalk and/or curb within 60 days of notice from the Township, it shall be lawful for the Township to take all necessary actions to maintain, reconstruct, replace and/or repair the sidewalk and/or curb. Any owner, tenant or occupant mentioned above may, within 15 days of receipt of notice from the Township, make a written application for an extension of time to maintain, reconstruct, replace and/or repair to the Township Committee which may be granted for good cause shown.

§ 120-25 Cost to become lien.

The cost and expense paid and incurred by the Township for maintenance, reconstruction, replacement and/or repair of the sidewalk and/or curb shall be ascertained by the Township and certified to the Tax Collector of the Township, and such expense shall be added to and form a part of the tax or taxes next to be levied and assessed on the lot or lots of land abutting such sidewalk and/or curb and collected according to law and shall be a lien upon said lands until paid; and this liability shall be in addition to the fines imposed by § 120-26 below.

§ 120-26 Violations and penalties.

Any person who violates any of the provisions of this article shall, upon conviction thereof, be punished by a fine and/or imprisonment as follows:

A. First offense: not more than $200.

B. Second offense: not more than $350.

C. Third offense: not more than $500 or by imprisonment in the County Jail for a period of not more than 90 days or by both such fine and imprisonment.

§ 120-27 Intentional or negligent damage.

A person, firm or corporation damaging any sidewalk and/or curb shall be responsible to repair or pay for the repairs to any such damaged sidewalk and/or curb. Any such repairs shall be done under the direction of the Public Works Department in accordance with this article.