[Adopted 3-14-1989 by Ord. No. 89-2 (Ch.
146, Art. II, of the 1991 Code)]
The owner of any premises in the Borough of Newfield abutting a sidewalk or curb shall, at his 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 own cost and expense, shall forthwith reconstruct or repair, as the facts may require, such sidewalk or curb or that part thereof which requires reconstruction or repair. This Article shall not apply to situations where, in an approved subdivision, a developer is required to install curbs and sidewalks and where responsibilities for construction and maintenance are more particularly delineated in Chapter 260, Subdivision and Site Plan Review, of the Code of the Borough of Newfield.
Where, in the opinion of the Borough of Newfield
Engineer or the Public Works Superintendent, a sidewalk or curb is
in an unsafe or hazardous condition, either shall inform the Borough
Committee which shall by resolution authorize a notice in writing
to be served upon the owners 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 30 days from
the date of service of said notice. Whenever any lands are occupied
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 of Newfield.
In a case where an owner is a nonresident of the municipality or his
or her post office address cannot be ascertained, than a notice may
be inserted for four weeks, once a week in the official newspaper
of the Borough of Newfield.
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 Superintendent, upon filing due proof
of service or publications 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 Superintendent to the Borough Engineer who shall verify the
same and return 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,
and be collected in the manner provided by law for the collection
of other assessments or liens; in addition thereto, the Borough of
Newfield, as its option, may maintain an action to recover the amount
thereof against the owner of said lands in any court of competent
jurisdiction.
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
shall be reconstructed or repaired in accordance with the existing
line and grade unless such line or grade is changed by the Borough
of Newfield Engineer. It shall be the duty of the abutting owner in
all instances to make inquiry of the Borough Engineer respecting such
line and grade.
All sidewalks and curbs constructed, reconstructed or repaired shall be in accordance with specifications in Article IV of this chapter.
The Borough may each year include in its annual
budget or Tax Ordinance an appropriation for curb and/or sidewalk
repairs in addition to any existing maintenance fund, out of which
appropriation all cost of construction and/or repair of curbs or sidewalks
during the year may be charged when it comes 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 section, 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 of Newfield, application
for a permit shall be made by the owner of the abutting lands or his
contractor to the Superintendent of Public Works, specifying grade,
dimensions, mixed materials and method of construction or repair to
be used. The Superintendent of Public Works shall examine said specifications
and, upon approval of the Borough Engineer, in compliance with all
of the provisions of this article, shall grant a permit to the applicant.
Fees for the aforesaid permit shall be $1 per lineal foot or curb
being repaired.
A.
The failure of any applicant or owner or his contractor,
servant or agent to construct or repair such curbs and/or sidewalks
in accordance with the specifications filed by him for the purpose
of securing that permit under the terms of this article shall be and
constitute a violation hereof.
B.
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 not exceeding
$2,000, imprisonment in the county jail for a period of not more than
90 days, and/ or a period of community service not exceeding 90 days,
in the discretion of the court before whom such conviction is had.[1]
C.
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.
