The owner of any premises in the Borough of
Longport abutting a sidewalk, curb or apron shall, at his or her own
cost and expense, maintain their state of repair and shall not permit
the same to fall into a state of disrepair or to become unfit or unsafe
to walk upon. In the event that such sidewalk, curb or apron, or any
part thereof, becomes unsafe or hazardous to the public or unfit to
walk upon, the abutting property owner, at his or her own cost and
expense, shall forthwith reconstruct or repair, as the facts may require,
such sidewalk, curb or apron, or that part thereof, which requires
reconstruction or repair. Should the Borough of Longport perform roadway,
drainage, sewer and/or water construction such that it necessitates
the removal of curbing, sidewalks or aprons, said curbing, sidewalk
or apron shall be removed and replaced at no cost to the property
owner. Upon such replacement, the curbing, sidewalk and apron shall
remain the responsibility of the property owner to maintain and repair
as above described.
The specifications for curbing, sidewalks and aprons shall be as specified in Article VII, Design Standards, § 167-39, as currently amended, of the Code of the Borough of Longport.
A.
Where, in the opinion of the Construction Code Official
or his designated representative, a block within the municipality
of Borough of Longport has been developed to at least 50%, the Construction
Code Official or his designated representative shall be required to
notify all property owners on that block that it shall be necessary
to install a sidewalk and curb along their property if such sidewalk
and curb do not exist. Notice by the Construction Code Official or
his designated representative shall be served, in writing, upon the
owner of the lands in question, requiring the owner to take action
within a sixty-day period of the date of service of said notice, which
shall be by certified mail. Wherever any lands are unoccupied and
the owner cannot be found within the Borough, said notice may be mailed,
postage prepaid, to his or her post office address as it is ascertained
from the latest tax rolls of the Borough of Longport. In the case
where an owner is a nonresident of the municipality or his or her
post office address cannot be ascertained, then the notice may be
inserted for four weeks, once a week, in the official newspaper of
the Borough of Longport, New Jersey.
B.
Where, in the opinion of the Construction Code Official
or his designated representative, a sidewalk or a curb is in an unsafe
or hazardous condition, the Construction Code Official or his designated
representative shall issue a notice, in writing, to be served upon
the owners of said abutting lands requiring the necessary specified
work to said curb or sidewalk to be done by said owner within the
period not less than 30 days from the date of the service of said
notice, which shall be by certified mail. Whenever any lands are unoccupied
and the owner cannot be found within the Borough, said notice may
be mailed, postage prepaid, to his or her post office address as it
is ascertained from the latest tax rolls of the Borough of Longport.
In a case where an owner is a nonresident of the municipality or his
or her post office address cannot be ascertained, then a notice may
be inserted for four weeks, once a week, in the official newspaper
of the Borough of Longport, New Jersey.
In the case where the owner of such lands as set forth in § 147-9 shall not comply with the requirements of such notice, it shall be lawful for the Borough, upon filing due proof of service or publication of the aforesaid notice, to cause the required work to be done and paid for out of the Borough funds available for that purpose. The cost of such work shall be certified by the Borough Engineer, who shall verify the same and turn it over to the Tax Assessor. Upon filing these said certifications, the amount of the cost of such work shall be and become a lien upon said abutting lands in front of which such work was done and be collected in the manner provided by law for the collection of other assessments or liens; in addition thereto, the Borough of Longport, as its option, may maintain an action in any court of competent jurisdiction.
Should it be determined by the Borough of Longport
Construction Code Official that the need for an existing curb cut
no longer exists through abandonment of the off-street parking area
served by the curb cut, the property owner shall be notified, in writing,
by the Building Department requesting the property owner to eliminate
the existing curb cut by installing concrete curbing with a reveal
of six inches. Should the property owner fail to remove said curb
cut within 30 days of notification, the Borough shall proceed to perform
all work necessary in elimination the curb cut at the expense of the
property owner.
Wherever any curb or sidewalk is required to
be repaired, reset or re-laid in the Borough of Longport, application
for a permit shall be made by the owner of the abutting lands or his
contractor to the Construction Code Official, specifying grade, dimensions,
mixed materials and method of Construction or repair to be used. The
Construction Code Official shall examine said specifications and,
upon approval of the Borough Engineer, in compliance with all the
provisions of this article, shall grant a permit to the applicant.
Fees for said aforesaid permit shall be $25.
A.
The failure of any applicant or owner or his contractor,
servant or agent to construct or repair such curbs and/or sidewalks
in accordance with the specifications filed by him for the purpose
of securing that permit under the terms of this article shall be and
constitute a violation hereof.
B.
Any person violating the terms of this article or
refusing or neglecting to comply with any of the provisions hereof
shall, upon conviction thereof, be subject to a fine of not more than
$500 or imprisonment in the county jail for a period of not more than
90 days, or both, in the discretion of the court before whom such
conviction is had.
C.
Each day's persistence in the things or acts prohibited
by this article shall be and constitute a separate and distinct offense,
subject to any and all penalties prescribed in this article.
