[Adopted 11-19-1946 by Ord. No.
1484, effective 11-19-1946]
[Amended 8-9-2021 by Ord. No. 3572-21]
Every owner, occupant or person having charge
and control of property in the Borough of Rutherford on any street
that is opened shall maintain and be responsible for the proper upkeep
of that part of the street between the property line and the curb
which abuts the property, including corner areas adjacent to corner
lots, whether within or without the property line, and such upkeep
shall include the proper maintenance and repair of the sidewalk.
A.
Exception. If a municipally owned street tree is determined to be
a contributing factor to a lifted or heaved sidewalk, prior to conducting
the repair, the abutting property owner may submit a request to the
Borough for contribution to the cost of repair of those sidewalk panels
impacted. By separate resolution, the Borough will establish a per-panel
contribution reimbursement intended to represent 50% of the cost of
replacing a sidewalk panel, which resolution may be amended from time
to time to reflect changes in costs. For purposes of this section,
a panel shall be a four-linear-foot section of sidewalk. Requests
for reimbursement shall identify the physical location of the tree
and the affected sidewalk, the name and contact information for the
owner of the abutting property who is responsible for the affected
sidewalk, and repair cost estimates. Requests for reimbursement shall
be administered on a first-come-first-served basis, subject to funding
being available.
B.
Determination. Upon proper notice given by an abutting property owner,
the Borough's designated enforcement officer shall decide as
to whether the shade tree is a contributing factor and, if so, the
number of sidewalk panels impacted. The Borough's designated
enforcement officer may consult with the Borough Engineer in making
this determination.
C.
In no event shall the Borough be obligated to make any contribution
if the Borough does not have funds that have been set aside for this
purpose.
Every owner, occupant or person having charge
and control of property in the Borough of Rutherford shall be responsible
for the proper installation, repair and upkeep of all connections
between their property and the main sanitary sewer line, the main
storm drain line or the gutter into which said connections discharge.
No person, firm, partnership, association or
corporation shall throw, put, place or cause to be thrown, put or
placed into, upon or within any street, road, avenue or public place
within the Borough of Rutherford any article or material whatsoever
whereby the safe, free and unobstructed use of the same by the public
may be anywise impeded or interfered with, or shall put, deposit or
leave any paper, advertising matter, circulars, rubbish, refuse or
other material in or upon any of the streets, roads, avenues or public
places within the Borough of Rutherford.
No person, firm, partnership, association or
corporation, in the performance of his or its customary work, shall
encumber or obstruct any street, road, avenue or public place within
the Borough of Rutherford with any article or material whatsoever,
unless such encumbrance or obstruction is authorized by a written
permit issued by the Borough Clerk, as hereinafter provided.[1]
[Amended 10-31-1995 by Ord. No. 2744-95]
No person, firm, partnership, association or corporation shall remove, excavate, dig up or in any way disturb the surface of any street, road, avenue or public place within the Borough of Rutherford or any sidewalk, gutter or pavement or pavement thereon, for any purpose whatsoever, unless such work is authorized by a written permit issued pursuant to the provisions of § 109-20 of this chapter.
No person, firm, partnership, association or
corporation shall drive, or cause to be driven, any vehicle over or
upon the sidewalk of any street, road, avenue or public place within
the Borough of Rutherford, except over an established driveway, without
permission for this purpose first having been obtained, in writing,
from the Borough Clerk, as hereinafter provided.
[1]
Editor's Note: Former § 109-15,
Applications referred to Superintendent of Public Works, as amended,
was repealed 6-24-2008 by Ord. No. 3158-08.
The Borough Clerk is authorized to issue permits
for the following types of work:
[Added 12-1-1998 by Ord. No. 2877-98; amended 3-27-2007 by Ord. No. 3130-07]
The Borough of Rutherford Building Department
is authorized to issue permits for the following types of work:
[Amended 2-19-1952 by Ord. No. 1599; 12-2-1958 by Ord. No. 1760; 12-18-1962 by Ord. No.
1874; 1-21-1964 by Ord. No. 1910; 10-31-1995 by Ord. No. 2744-95; 3-27-2007 by Ord. No.
3130-07]
The following permit fees shall be paid to the
Borough of Rutherford before the permits are issued:
