Whenever the Borough Engineer certifies to the Borough Council
that any sidewalk requires maintenance, repair or replacement, the
expense of such maintenance, repair or replacement shall be the responsibility
of the landowner of the property abutting the sidewalk.
The Borough Engineer has the authority, upon receipt of a complaint
from the Borough Administrator, to inspect a sidewalk to determine
if it has become necessary for the public safety to require the maintenance,
repair or replacement of the sidewalk. Prior to directing that any
work be performed by the abutting landowner, the Borough Engineer
shall determine if the maintenance, repair or replacement results
from the growth of roots from a tree planted by the Borough, or because
of any action by the Borough, and if so, the condition shall be corrected
by the Borough. Otherwise, upon the determination that maintenance,
repair or replacement is necessary, the Borough Engineer shall notify
and certify to the Borough Council the condition of the sidewalk and
the work to be performed by the abutting landowner prior to the Borough
Council serving notice on the landowner.
Prior to commencing any repair or replacement of a sidewalk located within a driveway opening, the abutting landowner shall obtain an excavation permit pursuant to Code §
176-5.
If the abutting landowner fails to comply with the requirements
set forth in the notice, the Borough Council shall cause to be filed
with the Tax Collector proof of service or publication of the notice.
Upon the filing of the proof of service, the Department of Streets
and Roads shall be authorized to cause the necessary maintenance,
repairs or replacement to be made at Borough expense with costs to
be paid by the abutting landowner(s).
The Borough Administrator shall certify to the Tax Collector
the cost incurred to maintain, repair or replace the sidewalk. Upon
the filing of the certificate, the amount of the cost of the work
shall be and become a lien upon the abutting lands in front of which
such work was done to the same extent that assessments for local improvements
are liens and shall be collected in the manner provided by law for
the collection of such other assessments, and shall bear interest
at the same rate. The Borough Administrator may direct the Borough
Attorney to commence an action in the Superior Court wherein a certified
copy of the certificate shall be prima facie evidence of the existence
of the debt. All funds recovered shall be credited by the Chief Financial
Officer to the account out of which the cost of such work was paid.