[Adopted 12-3-1928 by Ord. No. 427]
A.
COUNCIL
OCCUPANT
OWNER
PERSON
ROADWAY
SIDEWALK
STREET
SUPERINTENDENT OF PUBLIC WORKS or SUPERINTENDENT
Unless otherwise expressly stated, the following terms,
whenever used in this article, shall respectively be deemed to mean:
The Mayor and Council of the Borough of Hasbrouck Heights.
The owner, tenant, lessee or person in charge of or in control
of or in possession of any building or premises or part thereof or
of any personal property.
The person, firm or corporation having the legal title to
lands and premises or to personal property.
An individual or individuals or a corporation or voluntary
association.
That portion of the street lying between the curblines.
The pavement between the curbline and property line.
Includes the portion thereof devoted to gutters, curbs and
sidewalks.
The Superintendent of Public Works appointed by the Borough
of Hasbrouck Heights or such person or persons as shall succeed to
his office, powers and duties.
B.
Word usage. Singular includes the plural; masculine
includes the feminine and also corporations and voluntary associations.
A.
No permit authorized by this article shall be granted
except pursuant to an application, in writing, therefor, signed by
the person desiring such permit or his agent, which application shall
set forth such facts as the officer authorized to grant such permit
shall require, and when forms for such application are furnished by
the Mayor and Council, it shall be upon such forms and shall set forth
all the information required.
B.
The officer authorized by this article to issue any
permit is also authorized to refuse the issue of any such permit if,
in his opinion, such refusal is in the interest of the public safety,
public convenience or public health. In case any permit shall be refused
by any such officer, an appeal of such officer's determination may
be taken to the Mayor and Council, and the Mayor and Council, after
hearing the applicant and such officer and such other evidence as
may be produced, may either direct the issuance of such permit or
sustain the refusal of the officer.
[Amended 6-12-2001 by Ord. No. 1932]
A.
At all times, the owner or occupant of premises abutting
any public right-of-way in which there is located an improved sidewalk
shall maintain that portion of such sidewalk running in front of or
along the side or rear lines of such premises in a good and passable
condition at a grade which will allow the drainage of surface water
therefrom to the extent reasonably possible and shall replace any
portion thereof which becomes broken rendering the surface uneven
and shall maintain the same so that the joints thereof are even.
B.
In case any sidewalk becomes out of repair, the owner or occupant who is responsible for such sidewalk under Subsection A hereof shall forthwith repair the same or cause the same to be repaired and made in a good and passable condition in conformity with the requirements of Subsection A hereof or replace the same in conformity with § 236-20 of this chapter.
C.
The maintenance
obligations described in this section shall include, without being
limited to, the obligation to maintain that portion of sidewalk adjacent
to commercial premises and keep such sidewalks free of grass, weeds,
all vegetative growth as well as to remove and clear any trash, garbage
or litter upon such sidewalks.
[Added 11-29-2022 by Ord. No. 2522; amended 2-28-2023 by Ord. No. 2524]
[Added 4-25-2006 by Ord. No. 2130]
A.
The Mayor and Council of the Borough of Hasbrouck Heights may, by
resolution, cause a notice in writing to be served upon the owners
of land upon which there is conducted a business that is open to the
public abutting a sidewalk in the public right-of-way which has not
been maintained in good repair in accordance with the requirements
of this article and any regulations promulgated hereunder.
B.
The notice shall state the following:
(1)
The necessary specified work to said sidewalk required to be
done by said owner;
(2)
The time within which such work shall be completed, provided
that said time period shall not be less than 30 days from the date
of service of such notice;
(3)
The failure of the owner to perform the required work within
the time period stated shall permit the Borough to cause the work
to be done and paid for out of available municipal funds, following
which the cost of such work shall become a lien upon the abutting
lands in front of which such work was done. Such lien shall have the
same effect as an assessment for local improvements and may be collected
in a manner provided by law for the collection of such other assessments;
(4)
Such notice shall further state that the Borough may have an
action to recover the cost of such work against the owner of lands
in any court having competent jurisdiction thereof.
C.
Whenever any lands are not occupied by the owner thereof and the
owner cannot be found within the municipality, the notice may be mailed,
certified mail, return receipt requested, to his, her or its post
office address as the same appears on the records of the Collector
of Taxes; in the event such notice is not receipted, then the notice
may be inserted for four weeks, once a week, in a newspaper published
in the County of Bergen and circulating in the Borough of Hasbrouck
Heights.
In the event the owner of lands abutting a sidewalk shall not
comply with the requirements of the aforesaid notice to repair after
service or publication as aforesaid, upon the order of the governing
bod, the Department of Public Works of the Borough of Hasbrouck Heights,
pursuant to the procedure set forth in N.J.S.A. 40:65-14, shall cause
the work to be performed and the cost of same paid for out of available
municipal funds, and the same shall become a lien upon the abutting
lands in front of which such work was performed.
Neither the issuance of any notice pursuant to § 236-15.1 hereof, nor the conduct of any repairs, nor the failure to undertake such repairs, nor any defective conditions arising from such repairs by the Borough or any other person pursuant to § 236-15.2 hereof, shall constitute a waiver of any defenses to any claims for personal injury or other loss which defenses would otherwise be available to the Borough under N.J.S.A. 59:1-1 et seq., or any other law. Nothing herein to the contrary withstanding, all persons, firms or corporations owning land abutting a sidewalk in the public right-of-way, whether such land is residential or commercial, shall be responsible for keeping such sidewalks in good repair.
[Amended 5-22-2018 by Ord. No. 2405]
No person shall ride, drive or pass over or along any sidewalk
or curb with any motor vehicle or motorcycle except:
A.
The crossing of a curb or sidewalk at for the purpose of entering
upon property, provided that the curb and/or the sidewalk shall be
protected at the point of entry in a manner approved by the Superintendent
of Public Works.
B.
The use of a battery powered toy vehicle designed not to exceed 7.5
miles per hour by a child under the age of 10 when supervised by an
adult.
C.
The use by a handicapped person of a wheelchair or other such aids
intended to assist mobility.
D.
The use of motorized lawnmowers, lawn tractors, snow removal equipment
or any other such motorized property maintenance equipment when actually
engaged in the service for which it was designed.
A.
No person shall place any bridging over any gutter
or any pipe or other obstruction in any gutter without first obtaining
a written permit therefor authorized by resolution of the Borough
Council.
B.
No person shall place or permit to be placed upon
any sidewalk any object or thing that shall in any manner encumber
such sidewalk or render travel upon such sidewalk dangerous or unsafe.
A.
No person shall place or maintain any drop awning
extending over any sidewalk which, when lowered, shall be less than
six feet above such sidewalk.
B.
Temporary awnings may be erected across a sidewalk
and permitted to remain for a period not exceeding 24 hours, provided
that the same shall be securely fastened and shall be so arranged
as to permit travel along the sidewalk.
[Amended 5-29-1990 by Ord. No. 1538; 4-11-2000 by Ord. No.
1893]
No person shall lower the curb or change the grade of a sidewalk for the purpose of providing a carriageway or driveway across such sidewalk without a permit therefor from the Superintendent of Public Works. The fee for such permit shall be as set forth in Chapter 133, Fees.
[Amended 5-29-1990 by Ord. No. 1538; 6-12-2001 by Ord. No.
1931]
The specifications for sidewalk construction
shall be as follows and shall conform to such design as may be adopted
by resolution of the Mayor and Council:
A.
All sidewalks shall be four feet in width.
B.
All sidewalks shall be constructed of monolithic concrete
formed into independent slabs four feet in width, five feet in length
and five inches in depth or thickness. Such concrete slabs may be
imprinted to create the appearance of brickwork and may be colored
for such purposes, but such coloration shall be limited to dull shades
of beige or natural brick. In substitution thereof, sidewalks may
be constructed of independent concrete paving blocks to give the appearance
of brickwork limited in coloration as aforesaid. Paving blocks shall
be of a thickness of at least 2 3/8 inches and shall be laid
upon a compacted bed of concrete sand and mineral filler of at least
one inch in depth on a compacted dense graded base of six inches in
depth; such paving stones shall be fabricated of first grade concrete
resulting in a compressure strength of 8,000 psi after 28 days and
shall have a maximum water absorption rate of 5%.
C.
All sidewalks throughout the Borough, except those running along and parallel to the Boulevard in the B-1 Central Business District as the same is designated under Chapter 275, Zoning, of this Code, shall be of a uniform texture, uniform pattern and, to the extent reasonably possible, a uniform color throughout the length of the lot in front of which the same are to be installed; if constructed of prefabricated block, such sidewalks may be of a varying shade of that uniform color required as aforesaid. As to sidewalks installed within the B-1 Central Business District and running parallel to the Boulevard, the uniformity of texture, pattern and color as hereinbefore required shall be required throughout the entire length of the sidewalk in each block on either side of the Boulevard.
D.
All sidewalks shall be a minimum of 3,500 pound test
except such areas thereof intended to be regularly traversed by motor
vehicles, such as driveway aprons and those other areas of sidewalk
adjacent to driveways intended for use by motor vehicles, which such
areas shall be a minimum of 4,000 pound test.[1]
[1]
Editor's Note: Original Article V, which immediately
followed this section and dealt with vaults and gasoline tanks, was
deleted 5-29-1990 by Ord. No. 1538.
E.
In the event that the sidewalk or curbing to be constructed, reconstructed or repaired is located within the Central Business Design District as the same has been designated by the Planning Board pursuant to § 275-44 of this Code, then and in that event, the design standards or requirements adopted by the Planning Board pursuant to § 275-49 hereof shall apply, and no permit shall issue nor approval be given to such construction, reconstruction or repair unless there is also compliance with the same.
[Added 5-25-2004 by Ord. No. 2047]
A.
No person shall permit any building, structure, erection
or any part thereof to encroach upon or extend over, under or into
any public street or public place excepting as in this article permitted
and authorized.
B.
The owner of every building, structure or erection
which, either in whole or in part, encroaches upon or extends over,
under or into any public street or place shall cause said encroachment
to be removed within 10 days after receiving written notice from the
Superintendent of Public Works so to do. Every day that such owner
shall fail, refuse or neglect to comply with said order after the
expiration of said period of 10 days shall constitute a separate and
distinct violation of this article.
[Amended 5-29-1990 by Ord. No. 1538]
A.
No person shall obstruct or permit the obstruction
of any street or public place by the storage or placing of any building
material or other material or merchandise, trash container or dumpster
thereon and permitting the same to remain longer than is necessary
to convey the same on or into private property unless a permit therefor
shall be obtained from the Superintendent of Public Works.
B.
No permit shall be granted which permits the use or
obstruction of more than 1/3 of the width of the roadway of such street
or public place at any point.
C.
Lights are required on the traffic side when storage
is overnight.
D.
The application for such permit shall state the kind
and character of material to be stored or placed in such public street
or place, the exact location where the same is to be stored or placed
and the maximum length of time that such obstruction shall continue.
E.
The Superintendent of Public Works may impose conditions
in any permit issued under this section with respect to keeping the
sidewalk open for travel and any other conditions which he shall deem
proper in the interest of the public safety and convenience.
[Amended 6-7-1950 by Ord. No. 628; 4-11-2000 by Ord. No.
1893]
No cellarway or hoistway shall be constructed in any public street without a permit therefor issued by the Superintendent of Public Works. The fee for such a permit shall be as set forth in Chapter 133, Fees. No permit shall be granted for any such cellarway or hoistway which extends into the street more than five feet from the property line. All such cellarways or hoistways shall be covered with iron doors flush with the sidewalk and, when opened, shall at all times be protected by either guardrails or chains. No such cellarway or hoistway shall remain open so that the sidewalk or street is obstructed for a period longer than is necessary for the reasonable use thereof.
[Amended 5-29-1990 by Ord. No. 1538; 4-11-2000 by Ord. No. 1893]
No person shall move any building or structure across, along or through any street or public place without obtaining a permit therefor from the Superintendent of Public Works. The fee for such a permit shall be as set forth in Chapter 133, Fees. Such permit may contain conditions relating to the manner of removal and the length of time that any street or public place may be obstructed, either in whole or in part, and any other regulations for the protection of the street or public place and the public safety or convenience. Further, the applicant may be required to post an escrow in a sum estimated by the Superintendent of Public Works to be used to cover the costs.
[Amended 5-29-1990 by Ord. No. 1538; 4-11-2000 by Ord. No. 1893]
No person shall organize or conduct or assist in the organization or conduct of any parade upon any of the public streets or public places without obtaining a permit therefor from the Chief of Police, the fee for which shall be as set forth in Chapter 133, Fees, plus reimbursement for police and Department of Public Works overtime. Veterans' organizations, the Fire Department or Borough-sponsored celebrations are exempt from the provisions of this section.[1]
[1]
Editor's Note: Original Section (7), which
immediately followed this section and dealt with distribution of pamphlets
and circulars, was deleted 5-29-1990 by Ord. No. 1538.
No person shall place any sign or advertisement
or other matter upon any pole, tree, curbstone, sidewalk or elsewhere
in any public street or public place, except such as may be authorized
by this article or any other ordinance of the Borough.
No person shall injure, deface, obliterate,
remove, take down or disturb or in any other manner interfere with
or disturb any signboard containing the name of any street or public
place or any bulletin board or sign or notice erected or placed bearing
the name of the Borough, a Borough department or of any official thereof.
[Amended 2-28-1978 by Ord. No. 1113]
A.
No person shall place or deposit snow, for the purpose
of disposing of the same, in or upon any public street or road, public
sidewalk or between the street curb and any public sidewalk.
B.
No person, for the purpose of discarding the same,
shall throw or permit to be thrown any wastepaper, garbage, refuse
or other waste material upon any street, private property, sidewalk
or other public place, provided that nothing herein contained shall,
in the case of snow or ice upon a public street, roadway or public
sidewalk or other public place, prevent the temporary deposit of clean
sand, salt or other chemical upon any street, sidewalk or other public
place to enable the safe use of the same.[1]
[Amended 5-29-1990 by Ord. No. 1538]
No person shall throw or place or permit or
aid the throwing or placing of glass, tacks or other like sharp substances
upon any public street or public place.
No person shall remove, displace, break or change
any sign or lights or signals set up or placed in any street or public
place as a warning of danger or indicating an excavation or obstruction
or showing that any street or public place is closed to traffic, and
no person shall, between the hours of sunset and sunrise, extinguish
any light used for any of the purposes aforesaid.
No person shall open any manhole or remove the
cover thereof unless such opening shall be guarded by a guardrail
and shall be so marked by both day and night as to be plainly seen
at a distance of 100 feet, which guardrail shall be maintained so
long as such manhole shall remain opened or uncovered.
A.
No person shall coast upon any street unless such
street or the portion thereof used for coasting shall be closed to
vehicular traffic.
B.
The Superintendent of Public Works may close any street
or public place or section thereof to public traffic for the purpose
of repairing, constructing or reconstructing the same.
C.
The Mayor and Council may, by resolution, designate
certain streets or portions thereof upon which coasting will be permitted
at certain times of the day and may direct that such street or portion
thereof shall be closed to vehicular traffic during such hours.
D.
When any street or public place or portion thereof
is closed, there shall be a sign at each end of the portion closed,
plainly visible to approaching traffic, reading substantially as follows:
STREET CLOSED – PASSING FORBIDDEN. No person shall drive or
cause to be propelled any vehicle over said street or portion thereof
so closed and marked as aforesaid.
E.
For the purpose of this section, a sleigh or sled
used for coasting shall not be construed to be a vehicle.
A.
No person shall place or erect any electric light,
telegraph, telephone or other pole in or upon any street or public
place except pursuant to permission granted by a resolution of the
Borough Council.
B.
No electric light, telegraph, telephone or other pole
shall hereafter be placed or erected on any street or public place
unless the same shall be straight and neat in appearance, and every
such pole shall be kept well painted. No wires shall be run or strung
upon any pole at a distance of less than 18 feet from the ground.
[Amended 5-29-1990 by Ord. No. 1538]
A.
No person shall fasten any electric wire or wires upon any shade tree on any public streets or places without first obtaining the consent of the owners of the property upon which such trees are located and without obtaining a permit therefor from the Superintendent of Public Works of the Borough of Hasbrouck Heights. The fee for such permit shall be as set forth in Chapter 133, Fees, for each tree.
[Amended 4-11-2000 by Ord. No. 1893]
B.
No person shall climb any shade tree on any of the
public streets or places by the use of spurs or other instruments
which perforate or injure the bark of such tree.
C.
No person shall remove or cut down any shade tree
located upon any of the public streets or places without obtaining
a permit from the Superintendent of Public Works of the Borough of
Hasbrouck Heights.
D.
No person shall cut any branch or limb of such tree
without a special permit therefor from the Superintendent of Public
Works of the Borough of Hasbrouck Heights.
E.
No person shall hereafter plant or permit to be planted
any poplar or willow tree in any public street or public place in
which sewer or water mains have been or hereafter may be constructed
or within 40 feet of any such sewer or water main.
F.
All poplar or willow trees standing within 40 feet
of any sewer or water main, now or hereafter constructed, are hereby
declared nuisances, and all such trees standing in a public street
or public place shall be removed at the direction of the Superintendent
of Public Works of the Borough of Hasbrouck Heights, and all such
trees standing on private property within 40 feet of such sewer or
water main shall be removed by the owner thereof within 30 days after
written notice is given by the Superintendent of Public Works of the
Borough of Hasbrouck Heights.
