[Adopted by Ord. No. 941 (§ 10-3 of the 1987 Code); amended 11-9-2010 by Ord. No. 10-1797]
Pursuant to N.J.S.A. 40:65-14, the Borough Council deems it necessary that proper regulations be set forth concerning the care, upkeep, maintenance and repair of sidewalks in the Borough as hereinafter provided.
[Amended 3-6-2012 by Ord. No. 12-1832; 11-12-2014 by Ord. No. 14-1875]
It shall be the duty of any owner and occupant of lands within the Borough to keep the sidewalk and curbing abutting such lands maintained and properly repaired so as to minimize any endangerment to the public health, safety and welfare of any individual using the sidewalks. Maintenance shall include, but not be limited to, keeping the sidewalks free of grass, weeds, obstructions, defects and nuisances. For purposes of this section, the standard for repair and replacement of defective sidewalks is as set forth in the most recent edition of the International Property Maintenance Code and shall specifically include the following standards. The repair and replacement of defective sidewalks shall also be in accordance with the 2010 ADA Standards for Accessible Design as amended by the Department of Justice.
Sidewalks shall be stable, planer, flush and even to the maximum extent feasible.
Walkway surfaces for pedestrians shall be capable of safely sustaining intended loads.
Walkway surfaces shall be slip-resistant under expected environmental conditions and use. Painted walkways shall contain an abrasive adhesive, cross-cut grooving, texturing or other appropriate means to render the surface slip-resistant where wet conditions may be reasonably foreseeable.
Interior walkways that are not slip-resistant when wet shall be maintained dry during periods of pedestrian use.
Walkway surfaces shall have a cross slope that shall not exceed 1:50 and shall transition to meet adjoining walkway surfaces at the existing cross slope. The adjoining walkway surfaces shall be made flush and fair, whenever possible.
Changes in level of 1/4 inch (6.4 mm) high maximum shall be permitted to be vertical.
Changes in level between 1/4 inch (6.4 mm) high minimum and 1/2 inch (13 mm) high maximum is permitted to be 1/4 inch (6.4 mm) beveled with a slope not greater than 1:2 (rise:run) plus 1/4 inch (6.4 mm) vertical. However, in no case may the combined change in level exceed 1/2 inch (13 mm).
Changes in level exceeding 1/2 inch (13 mm) must comply with Section 405 (Ramps) or Section 406 (Curb Ramps) of the 2010 ADA Standards for Accessible Design as amended by the Department of Justice. For the purposes of this section, all ramps or stairways must be a minimum of four (4) inches thick of continuous pour.
All reconstruction, repair or replacement of sidewalks shall be done in a manner requiring the installation of a "like-kind" sidewalk to that being repaired or replaced (i.e., if the sidewalk is a part of the Borough's Streetscape Program and it is stamped concrete, then a similar replacement sidewalk must be installed). This section shall not apply to any sidewalk or curb during the period it is covered by a performance or maintenance bond or any curb or sidewalk which was installed incorrectly by a developer or a contractor over which the Borough has or had control.
The Borough recognizes that various environmental conditions, such as humidity and temperature, can affect the difference in height of adjacent slabs of concrete. Accordingly, for purposes of enforcement only, the Borough shall use 3/4 inch as the measurement that shall determine noncompliance with respect to the height of a "lip" with regard to a sidewalk concrete slab.
Property owners installing new sidewalks or making repairs, whether doing so on their own or as required by the Borough, shall conform to all aspects of this section of the Code and the referenced regulations.
Whenever an owner or occupant of such lands fails to maintain and repair the sidewalk and curb abutting said owner's or occupant's lands, or permits them to deteriorate into such condition that the safety of the public is impaired, written notice shall be given to the owner or occupant directing said owner or occupant to perform maintenance or repairs within 30 days from the date of service of the notice. Whenever any lands are unoccupied and the owner cannot be found within the Borough, or in case such owner is a nonresident of the Borough or his or her post office address cannot be ascertained, then notice shall be given as specified in N.J.S.A. 40:65-14.
If the owner or occupant does not comply with the requirements of the notice described in § 368-16, then the Public Works Department of the Borough may, upon filing due proof of service of publication of such notice with the appropriate department of the Borough, 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 Department to the Tax Collector of the Borough.
Upon filing of the certificate, the amount of the cost of such 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 in the Borough, 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 Borough may have an action to recover the same amount against the owner of the lands, in any court having competent jurisdiction thereof.
Any person who shall violate any provision of this article shall, upon conviction thereof, be punished by a fine of not less than $50 nor to exceed the penalty established by Chapter 1, General Provisions, Article III, General Penalty. A prosecution under this section may be maintained whether or not the Borough elects to proceed as authorized by § 368-17.