[Adopted 11-12-1991 by Ord. No. 14-91[1] (Ch. 115, Art. II, of the 1974 Code)]
[1]
Editor's Note: This ordinance also repealed former Art. II, Obstructions; Construction on Sidewalks, adopted 6-18-1963 by Ord. No. 827; Art. III, Local Improvements, adopted 6-18-1951 by Ord. No. 482; Art. IV, Removal of Snow and Other Impediments, adopted 5-20-1912 by Ord. No. 52; and Art. V, Obstruction of Gutters, adopted 8-2-1909 by Ord. No. 43.
The owner of any premises in the Borough of
Totowa abutting a sidewalk or curb shall, at his own cost and expense,
keep and maintain such sidewalk or curb in good condition and 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 or curb or any part thereof becomes unsafe or hazardous to
the public or unfit to walk upon, the abutting owner, at his own cost
and expense, shall, with all expeditious speed, reconstruct or repair,
as the facts may require, such sidewalk or curb or that part thereof
which requires reconstruction or repair.
If a sidewalk and/or curb is in an unsafe or
hazardous condition, the Code Enforcement Officer or the Public Works
Superintendent and/or his designee shall inform the Council, which
shall, by resolution, authorize a notice, in writing, to be served
upon the owner or occupant of said lands, requiring the necessary
specified work to said curb or sidewalk to be done by said owner or
occupant within the period not less than 30 days from the date of
service of said notice. 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 Totowa. 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 Totowa.
In the case where the owner or occupant of such
lands shall not comply with the requirements of such notice, it shall
be lawful for the Public Works Superintendent and/or his designee,
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 Public Works Superintendent and/or his designee to the Borough
Clerk, who shall verify the same and turn it over to the Tax Collector.
Upon filing these said certificates, 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.
A.
All new sidewalks and curbs constructed by an abutting
owner shall be constructed in accordance with the line and grade established
by the Superintendent of Public Works and/or his designee. All old
and existing sidewalks reconstructed or repaired by an abutting owner
shall be reconstructed or repaired in accordance with the existing
line and grade unless such line or grade is changed by the Superintendent
of Public Works and/or his designee. It shall be the duty of the abutting
owner in all instances to make inquiry to the Superintendent of Public
Works and/or his designee respecting such line and grade.
B.
If, in the opinion of the Superintendent of Public
Works and/or his designee, the line and grade must be established
by the Borough Engineer, then, in such event, the Council shall be
responsible for the cost of said services being rendered by the Borough
Engineer.
All sidewalks and curbs constructed, reconstructed
or repaired shall be concrete and in accordance with specifications
of the New Jersey Department of Transportation Standard Specifications
for Roads and Bridge Construction.
The Council may each year include in its annual
budget an appropriation for curb and/or sidewalk repairs in addition
to any existing maintenance funds, out of which appropriation all
costs of construction and/or repair of curbs and sidewalks during
the year may be charged when it becomes necessary for the Public Works
Department to make such repairs and/or construction pursuant hereto.
All moneys recovered or paid to the Borough under the provisions of
this article, other than penalties as hereinafter set forth, shall
be credited to the account out of which such work was paid.
[Amended 2-10-2004 by Ord. No. 01-2004]
Wherever any curb, sidewalk, residential driveways
and commercial parking lots are required to be repaired, reset or
relaid in the Borough of Totowa, 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 worked. The Department of Public Works
Superintendent and/or his designee shall examine said specifications
and, upon approval of the same and in compliance with all the provisions
of this article, shall grant a permit to the applicant. Fees for residential
curbs, sidewalk and/or driveway shall be $25 per lot. Fees for commercial
curbs, sidewalks and/or parking lots shall be $150 per building lot.
The owners of premises abutting a street right-of-way
in the Borough shall not allow or cause the construction or placement
of any permanent structure or planting of any plant life and allowing
such plant life to grow higher than 24 inches in the street right-of-way
in front of such property without the approval of the Council.
A.
No owner, tenant or occupant of any premises abutting
on any street shall throw, place or deposit snow or ice into or on
any street, it being the intent and purpose of this provision to prohibit
all persons from throwing, casting, placing or depositing snow and
ice which accumulates within the private property belonging to that
person on the sidewalks or streets of the Borough.
B.
It shall be the duty of the owner or owners, occupant
or occupants of any premises abutting or bordering upon any street,
avenue or highway in the Borough of Totowa to remove or cause to be
removed ice and snow from the sidewalks in front of said premises
within 12 hours after daylight after the same shall be formed or fall
thereon.
The owner of any premises in the Borough of
Totowa abutting a street or highway, including rights-of-way, shall,
at his own cost and expense, keep and maintain such unimproved lands
in good condition and shall cut and maintain the grass and remove
weeds and impediments therefrom.
A.
Where, in the opinion of the Borough of Totowa Construction
Code Official, lands within 10 feet of a street or highway, including
rights-of-way, have grass, weeds and impediments thereon which are
in excess of 30 inches in height, he shall authorize a notice, in
writing, to be served upon the owner or occupant of said lands, requiring
the cutting of said grass and weeds and the removal of the impediments
on the lands abutting said street or highway, including rights-of-way.
The owner or occupant of the abutting lands shall be given a period
of not less than 10 days from the date of service of said notice to
perform the necessary work.[1]
B.
On a corner lot in any zoning district, no fence,
wall, hedge or other structure or planting more than 30 inches in
height shall be erected, planted or maintained within the triangular
area from the intersection of said lines or their projection where
corners are rounded and in a straight line joining said street lines
at points which are 30 feet distant from the point of intersection,
measuring along said street lines and/or projections. Notice of any
violation shall be served in writing to be served upon the owner or
occupant of said lands requiring the cutting of said grass and/or
weeds and the removal of the impediments on the lands described herein.
C.
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 Totowa. 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 Totowa.
In the case where the owner or occupant of such
lands shall not comply with the requirements of such notice, it shall
be lawful for the Public Works Superintendent, 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. Upon filing these said certificates, 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.
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 chapter shall be and
constitute a violation hereof.
B.
Any person, firm or corporation who shall violate
any of the provisions of this article shall, upon conviction, be punished
by a fine not to exceed $2,000 for each offense or by imprisonment
for a term not to exceed 90 days, or a requirement of community service
not to exceed 90 days. A separate offense shall be deemed committed
on the day on which a violation occurs and each day the violation
continues to occur.
[Amended 4-9-2002 by Ord. No. 07-2002; 3-28-2006 by Ord. No.
07-2006]
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.
