[Adopted 11-7-2005 by Ord. No. 27-2005]
Editor's Note: This ordinance also repealed former Art. IV, Visual Obstructions Near Roadways, adopted 6-16-1975 by Ord. No. 16-1975, as amended.
The owner of any premises in the Borough of Tuckerton abutting a sidewalk or curb constructed after January 1, 2000, shall, at his or her own cost and expense, keep and maintain such sidewalk or curb in good condition and state of repair and shall not permit the same to fall into a state of disrepair or to become unfit or unsafe to walk upon. In the event that such sidewalk or curb or any part thereof becomes unsafe or hazardous to the public or unfit to walk upon, the abutting owner, at his or her own cost and expense, shall, with all expeditious speed, reconstruct or repair, as the facts may require, such sidewalk or curb or that part thereof which requires reconstruction or repair.
Where in the opinion of the Borough Engineer, Code Enforcement Officer or the Public Works Director/Superintendent a sidewalk or curb is in an unsafe or hazardous condition, he or she shall inform the Borough Council, which shall, by resolution, authorize a notice, in writing, to be served upon the owner or occupant of said lands, requiring the necessary specified work to said curb or sidewalk to be done by said owner or occupant within the period not less than 60 days from the date of service of said notice. Whenever any lands are unoccupied, and the owner cannot be found within the Borough, said notice may be mailed, postage prepaid, to his or her post office address as it is ascertained from the latest tax rolls of the Borough. In a case where an owner is a nonresident of the municipality or his or her post office address cannot be ascertained, then a notice may be inserted for four weeks, once a week, in the official newspaper of the Borough.
In the case where the owner or occupant of such lands shall not comply with the requirements of such notice, it shall be lawful for the Public Works Director/Superintendent, upon filing due proof of service or publication of the aforesaid notice, to 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 Director/Superintendent to the Borough Engineer, who shall verify the same and turn it over to the Tax Assessor. Upon filing these said certificates, the amount of the cost of such work shall be and become a lien upon said abutting lands in front of which such work was done.
All new sidewalks and curbs constructed by an abutting owner shall be constructed in accordance with the line and grade established by the Borough Engineer. All old and existing sidewalks reconstructed or repaired by an abutting owner shall be reconstructed or repaired in accordance with the existing line and grade unless such line or grade is changed by the Borough Engineer. It shall be the duty of the abutting owner in all instances to make inquiry to the Borough Engineer respecting such line and grade.
All sidewalks and curbs constructed, reconstructed or repaired shall be in accordance with specifications of the Borough.
The Borough Council may each year include in its annual budget an appropriation for curb and/or sidewalk repairs in addition to any existing maintenance fund, out of which appropriation all costs of construction and/or repair of curbs and sidewalks during the year may be charged when it becomes necessary for the Public Works Department to make such repairs and/or construction pursuant hereto. All moneys recovered or paid to the Borough under the provisions of this article, other than penalties as hereinafter set forth, shall be credited to the account out of which such work was paid.
Whenever any curb or sidewalk is required to be repaired, reset or relaid in the Borough, application for a permit shall be made by the owner of the abutting lands or his or her contractor to the Construction Official, specifying grade, dimensions, mixed materials and the method of construction or repair to be used. The Construction Official shall examine said specifications and, upon approval of the Borough Engineer, in compliance with all the provisions of this article, shall grant a permit to the applicant. An administrative fee for the aforesaid permit shall be $2 per linear foot of sidewalk and $5 per linear foot of curb being repaired. In addition, the applicant shall pay a fee to the Borough to cover the cost of the Borough Engineer's inspection of the curb and/or sidewalks, which fee shall be as follows:
The owners of premises abutting a street right-of-way in the Borough shall not allow or cause the construction or placement of any permanent structure or planting of any plant life and allowing such plant life to grow higher than 2 1/2 feet in the street right-of-way in front of such property without the approval of the Borough Council.
No owner, tenant or occupant of any premises abutting on any street shall throw, place or deposit snow or ice into or on any street, it being the intent and purpose of this provision to prohibit all persons from throwing, casting, placing or depositing snow and ice which accumulates within the private property belonging to that person on the sidewalks or streets of the Borough.
[Amended 3-15-2010 by Ord. No. 4-2010]
The owner, tenant or occupant of any premises abutting a sidewalk shall remove all snow or ice from the sidewalk abutting said property in a manner so as not to allow snow or ice to remain on the sidewalk for more than 24 hours after the end of the storm.
The owner and tenants of lands lying within the limits of the Borough shall keep all brush, hedges and other plant life growing within 10 feet of any roadway and also within 25 feet of the intersection of two roadways cut to a height of not more than 2 1/2 feet. Where it shall be necessary and expedient for the preservation of public safety, the owner or tenant of said property shall be required by the Code Enforcement Officer of the Borough to cut said brush, hedges and other plant life in accordance with the terms of this article within 10 days after notice to cut the same is served by the Code Enforcement Officer of the Borough. Said notice shall be served by regular and certified mail at the last known address of the owner or tenant of the subject property. In the event that no address is known, service shall be made by posting said notice on the subject property. In the event that the owner or tenant shall fail or neglect to cut the brush, hedges and plant life within 10 days after receipt of said notice in accordance with the provision of this article, the brush, hedges and plant life may be removed by the Borough under the direction of the Code Enforcement Officer of the Borough.
In all cases where the brush, hedges and other plant life are cut from any lands pursuant to the provisions of § 229-29, by or under the direction of the Code Enforcement Officer of the Borough, the Code Enforcement Officer shall certify the costs thereafter to the governing body, who shall examine the certificate and, if found correct, shall cause the costs thereon to be charged against said lands. In the event that such cost is determined by the governing body to be excessive, the reasonable cost thereof, in the determination of the governing body, shall be charged against said lands, and the amount so charged shall forthwith become a lien upon said lands and shall be added to and become part of the taxes next to be assessed and levied upon such lands. Said lien shall bear the same interest rate as taxes and shall be collected and enforced by the officers of the municipality in the same manner as taxes.
This article shall be enforced by the Police Department and Code Enforcement Officer of the Borough of Tuckerton.
The failure of any applicant, owner or his or her contractor, servant or agent to construct or repair such curbs and/or sidewalks in accordance with the specifications filed by him or her for the purpose of securing that permit under the terms of this article shall be and constitute a violation hereof.
Any person violating the terms of this article or refusing or neglecting to comply with any of the provisions hereof shall, upon conviction therefor, be subject to a fine of not more than $1,000, imprisonment in the county jail for a period of not more than 90 days and/or a period of community service of not more than 90 days in the discretion of the court before which such conviction is had.
Each day's persistence in the things or acts prohibited by this article shall be and constitute a separate and distinct offense subject to any and all penalties prescribed in this article.