Every abutting owner, at his own cost and expense,
shall at all times keep and maintain his sidewalk driveway apron and/or
curb in good condition and state of repair and shall not permit the
sidewalk to fall into a state of disrepair or to become unsafe or
unfit to walk upon and the curb to fall into a state of disrepair
and become dangerous to pedestrians and/or motor vehicles. In the
event that any sidewalk or any part thereof becomes broken or in need
of repair and the condition thereof becomes unsafe or hazardous to
the public or unfit to walk upon, or in the event that any driveway
apron and/or curb or any part thereof becomes broken or in need of
repair or the condition thereof becomes unsafe or hazardous to the
public or to motor vehicles, the abutting owner, at his own cost and
expense, shall, within 60 days, reconstruct or repair, as the case
may require, said sidewalk, driveway apron and/or curb or that part
thereof that needs reconstruction or repair. Said improvement or work
shall be done in accordance with this article.
The applicability and enforcement of this article
is intended to apply to not only the traditional concrete sidewalk,
but also to other pedestrian access easements, including but not limited,
sidewalks, bicycle paths, walking path, hiking trails, etc. The intention
being that any area used and intended to be used by the public for
pedestrian access should be maintained accordingly.
[Amended 1-28-2015 by Ord. No. 2015-2]
This article shall be enforced by the Mansfield
Township Property Maintenance Officer or the Mansfield Township Building
Inspector and Mansfield Township Police Department.
Any person who violates any of the provisions
of this section or any standard promulgated pursuant to this article
or who fails to comply with the provisions of a certified plan shall
also be subject to a penalty of not less than $100 per day nor more
than $250 per day to be collected in a summary proceeding pursuant
to the Penalty Enforcement Law (N.J.SA. 2A:58-10 et seq.).
Each section, subsection, sentence, clause and
phrase of this article is declared to be an independent section, subsection,
sentence, clause and phrase, and the finding or holding of any such
portion of this article to be unconstitutional, void, or ineffective
for any cause, or reason, shall not affect any other portion of this
article.
This article shall be in full force and effect
from and after its adoption and any publication as may be required
by law.