Whenever an owner shall fail to construct the
sidewalks, curbs and gutters abutting his/her property or shall permit
them to deteriorate into such a condition that the safety or convenience
of the public is impaired, the Superintendent shall give notice to
that owner to carry out the necessary construction or repairs.
The notice shall contain a description of the
property sufficient to identify it, but need not necessarily contain
a legal description. It shall contain a general description of the
work required to be performed and shall state that if the owner does
not perform the work within 30 days from the date of the notice, then
the City shall carry out the necessary construction or repairs at
the cost to the owner. Notices shall be served either personally or
by mailing a copy to the owner at his/her last known address. If the
owner's address is unknown, the notice may be served by posting it
in a conspicuous place on the property affected and by publishing
it once in a newspaper circulating in the City.
It shall be a violation of this article for the owner or owners of the real estate abutting the public street and sidewalk to maintain the sidewalk, curb or gutter in an unsafe condition or state of disrepair as prohibited specifically by this chapter. Violations shall be prosecuted by the issuance of notice in the manner set forth in §§
257-21 and
257-22. If, after the service of notice, the owner fails to carry out the required construction or repairs, in compliance with the notice issued, the owner or owners shall be in violation of this article and subject to the procedures and penalties for the enforcement thereof as provided in Chapter
1, Article
III, General Penalty, provided that the provisions of this article shall not be construed in such a manner as to relieve the owner of responsibility or liability for violating conditions existing prior to the issuance of notice or process. Additionally, subject to the availability of resources, the work may be performed by the City. The cost of the work shall be recovered by an assessment against the property affected as provided in N.J.S.A. 40:65-8 et seq. The assessment shall be in addition to any penalty which may be imposed for a violation of this chapter.
In all cases not specifically provided for in
this article, the work of constructing, repairing and maintaining
sidewalks, curbs and gutters shall be performed in accordance with
New Jersey State Highway Department Standards for Road and Bridge
Construction, 1961, and all amendments thereto adopted prior to March
31, 1967.
Before commencing the construction, reconstruction
or substantial repair of any sidewalk, curb or gutter, a written permit
shall be obtained by the person for whom the work is to be done or
by the contractor who is to do the work. Application for permits shall
be made to the Department of Public Works and shall state the name
of the person who is to do the work or who is to be in charge of the
work. Work shall not be done by any other person unless notification
has been given, in writing, to the Department of Public Works, and
has been approved by the Department. The Department of Public Works
may suspend or revoke a permit, or deny an application for a permit,
when the person performing or in charge of the work has been guilty
of flagrant, repeated or continued violations of this article. Suspension
or revocation of a permit shall be in addition to any other penalty
which may be imposed for a violation.