[Adopted 7-27-1982 as Sec. 17-2 of the 1981 Revised General Ordinances; amended 6-21-2016 by Ord. No. 2388-2016[1]]
[1]
Editor’s Note: This ordinance also changed the title of Art. IV from “Curb and Sidewalk Construction” to its current title.
It shall be the duty of any owner or owners of real property abutting or adjacent to any public right-of-way or street in the Borough of Fair Lawn, at his sole cost and expense, to install, construct, repair, alter, relay, reconstruct and maintain the curb and sidewalks in front of or abutting such property whenever such curb, sidewalks or aprons are required as hereinafter provided or, being already installed, shall be in such state of deterioration or disrepair as to constitute a hazard to the general public using said sidewalks unless they are repaired, altered, relaid or reconstructed. In addition to the foregoing, it shall also be the duty of the owner, at his sole cost and expense, to install, construct, repair, alter, relay or reconstruct curbs where the deterioration or damage to the same has been caused by the action of such owner. The owner of the land abutting or adjacent to any curb, sidewalk or apron shall be responsible for the construction, repair, relaying or reconstruction of said sidewalk whether the public street is under the jurisdiction of the Borough of Fair Lawn or the County of Bergen.
A. 
No person shall erect any dwelling, business or industrial structure on a lot fronting a public right-of-way in the Borough without constructing in front of the property on which the building is located concrete curbs, sidewalks and aprons.
B. 
Every applicant for a building permit shall indicate on the plat plan the location of curbs and sidewalks and, if required, pavement and shall, before obtaining a permit, pay to the Code Enforcement Officer fees to cover the cost of inspection of the work as follows: 100% of actual costs.
C. 
Before applying for a building permit, each applicant governed by the provisions of this article shall obtain from the Borough Engineer lines and grade, and all sidewalks, curbs and road improvements made shall be to the line and grade so established by the Borough Engineer.
A. 
In accordance with the notice procedure provided in this section, any concrete curb, sidewalk or apron on any public right-of-way which is out of line or grade or is broken or out of repair or is otherwise in need of reconstruction or repair shall be relaid to the approved line and grade, or the broken portions thereof shall be repaired or reconstructed by the owner of the land in front of which any such improvement, reconstruction or repair is to be made.
B. 
Whenever the Borough determines that such curb or sidewalk work is necessary, it shall cause notice thereof, duly signed by the Borough Manager or his designee, to be served upon such owner, directing the property owner to do the work within 45 consecutive days after service of the notice. The notice shall specify in sufficient detail the character of the improvement, reconstruction or repair to be made; shall set forth a description of the property affected, sufficiently definite to identify the same; and shall otherwise comply with the requirements of Chapter 65 of Title 40 of the Revised Statutes[1] for such case made and provided.
[1]
Editor's Note: See N.J.S.A. 40:65-1 et seq.
C. 
If said owner fails to make such improvement, reconstruction or repair within 45 days after service of the notice aforesaid, then the Borough may have the work done at the cost and expense of said owner. The Borough Manager or designee shall keep an accurate account of the cost thereof. If such cost or any part thereof is to be assessed upon the several properties fronting on the improvement, he shall assess such cost on the several properties fronting on the improvement in proportion to their respective frontage thereon and file a report thereof under oath with the Borough Clerk. The Borough Council, after notice to the owner or owners, shall confirm said report and file it with the Tax Collector. Such sidewalk assessments shall bear interest from the time of confirmation and shall be a lien on the real estate assessed. This subsection shall also apply to improvements located between properties with such cost or any part thereof to be assessed upon the properties between the improvements.
All curbs, sidewalks and pavements constructed in accordance with the provisions of this article shall be performed in accordance with the specifications governing that type of work heretofore or hereafter approved by the borough.
No certificate of occupancy for any building shall be granted by the Code Enforcement Officer until and unless the construction of curbs, sidewalks and pavement are completed and approved as to location, grade, materials and workmanship after inspection by a designated borough official.