[Adopted 6-14-1977 by Ord. No. 1977-10 (Sec. 2.180 of the 1995 Code)]
[Amended 2-4-2009 by Ord. No. 2009-3; 2-23-2015 by Ord. No. 2015-1]
Whenever the Superintendent of Public Works
of the Township of Cinnaminson certifies to the municipal governing
body that any sidewalks and curbs are in need of construction, repair,
alteration, relaying or maintaining, the expense of said construction,
repairing, altering, relaying or maintaining shall be borne by the
landowners abutting the improvement.
The Township Committee, upon receipt of the certification set forth in § 450-6 hereof, shall determine the necessity of said improvement, and, if it deems that said improvement is necessary, it shall, by resolution, cause a notice in writing to be served upon said abutting owners or occupants of said lands, requiring the necessary specified work to said curb and/or sidewalk to be done by the said owner or occupant within a period of not less than 30 days from the date of service of such notice.
Whenever any said abutting lands are unoccupied
and the owner cannot be found within the municipality, the same may
be mailed, postage prepaid, to his or her post office address, if
the same can be ascertained. In the event that such owner is a nonresident
of the municipality or his or her post office address cannot be ascertained,
then the notice may be inserted for four weeks, once a week, in some
newspaper published in the state and circulating in said municipality.
[Amended 2-4-2009 by Ord. No. 2009-3; 2-23-2015 by Ord. No. 2015-1]
In the event that the owner or occupant of such
abutting lands shall not comply with the requirements of said notice,
it shall be lawful for the Department of Public Works of the municipality,
upon filing due proof of the service or publication of the aforesaid
notice in the appropriate department of the municipality, to cause
the work required to be done and paid for out of municipal funds available
for that purpose. The cost of such work shall be certified by the
Superintendent of Public Works to the department or person having
charge of the collection of assessments in such municipality. Upon
filing the said certificate of costs, the amount of this cost of such
work shall be and become a lien upon the said abutting lands in front
of which such work was done, to the same extent that assessments for
local improvements are liens in the municipality, 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. In addition thereto, the
municipality may commence, in any court having competent jurisdiction
thereof, an action against the owner of said lands to recover said
amount.
