[Adopted 3-13-1978 by Ord.
No. 78-3 as Art. III of Ch. 212 of the 1977 Code]
All owners of real estate in the Township of Pennsauken lying or fronting
on any part of the streets and highways of the Township of Pennsauken shall,
within 30 days after written notice being given by the Clerk of the Township
of Pennsauken, pave or repave, place curbing or repair curbing of the sidewalks
and curb along the property of said owners where said paving and repaving,
curbing or recurbing has been found to be necessary pursuant to an inspection
of the Township of Pennsauken or a complaint filed with the Township of Pennsauken.
The notice as provided for in § 273-18 shall be in accordance with N.J.S.A. 40:65-2 and, in addition to the description of the improvement notice, shall contain a statement that unless the owner or owners complete the improvements within 30 days after service of the said notice, the municipality will make the improvement at the expense of the owner.
The cost of paving, repaving, curbing, recurbing, improving and repairing
of sidewalks in the streets, roads and highways of the Township of Pennsauken
shall be at the expense of the owner or owners of the lands in front of which
such required improvements shall be made.
All sidewalks and curbing shall be constructed in accordance with the
minimum standards as established by the New Jersey State Highway 1961 Standard
Specifications for Class C Concrete of four-inch thickness. The grade, dimensions
and widths of sidewalks and curbs shall conform to the grades, dimensions
and widths established by the Municipal Engineer.
If, after the passage of this article and after notice given as herein
provided, the owner or owners fail to comply with the provisions of the notice,
it shall be lawful for the governing body to cause such improvement to be
made under the direction and supervision of the Superintendent of Public Works
of the Township of Pennsauken and, if the same is necessary, to award one
or more contracts for the making of such improvement.
The Superintendent of Public Works or the person in charge of such improvement
shall keep an accurate account of the cost thereof, shall assess such cost
upon the several properties fronting on the improvement in proportion to their
respective frontage thereon and shall file a report thereon under oath with
the Municipal Clerk. The governing body shall thereupon examine such report
and properly confirm and file it with the officer charged with the collection
of assessments under which record such sidewalk and curbing assessments and
other assessments of the municipality are recorded. Before confirming the
report, the governing body shall again give notice to the owner or owners
named therein of the time and place fixed for examination of the report. Such
sidewalk assessments shall bear interest from the time of confirmation at
the same rate and under the same penalty as assessments for local improvements
in the municipality and, from the confirmation thereof, shall be a first and
paramount lien upon the real estate assessed to the same extent and to be
collected and enforced in the same manner as assessments for local improvements.
[Amended 9-12-1984 by Ord.
No. 84-26]
Any person violating any of the provisions of this article shall, upon
conviction, be subject to one or more of the following: a fine not exceeding
$1,250 or imprisonment in the county jail for a term not exceeding 90 days,
or a period of community service not exceeding 90 days, in the discretion
of the Municipal Court Judge. Such fine or penalty shall be in addition to
any costs which may be chargeable under this article.
