City of Absecon, NJ
Atlantic County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[1997 Code § 304-7]
The sidewalks of all highways now or hereafter dedicated to public use situate within the corporate limits of the City of Absecon City shall be graded, curbed, paved and repaired and made to conform to the requirements of the ordinances of the City of Absecon City and this Article by the respective owners of lots of land fronting or bounding upon such highways.
[1997 Code § 304-8]
The City Engineer shall forthwith prepare and present to the Common Council for its approval detailed specifications for the grading, paving, curbing and repairing of sidewalks in the City of Absecon City, which specifications shall be prepared under the direction of the Road Committee of the Common Council, which specifications, when approved and adopted by Common Council, shall be and are hereby made the standard specifications for the grading, paving, curbing and repairing of sidewalks in the City of Absecon City and shall so continue until amended or changed by said Common Council.
[1997 Code § 304-9]
In case of the neglect or refusal of any such owner, after notice as provided by this Article, to so grade, curb, pave and repair the sidewalk of the public highway in front of or adjoining his or her lot or lots of land, such sidewalk shall be graded, curbed, paved and repaired so as to conform to the requirements of the ordinances of the City of Absecon City and this article by the City of Absecon City, under the direction and supervision of the Road Committee and the City Engineer.
[1997 Code § 304-10]
Upon approval of said specifications by the Common Council, as aforesaid, it shall be the duty of the City Clerk to forthwith advertise in the manner required by law for bids for the furnishing of such materials and the performance of such labor as shall be required by the City for the grading, curbing, paving and repairing of sidewalks for the calendar year for which such specifications have been presented and approved.
[1997 Code § 304-11]
In event that any sidewalk is not graded, curbed, paved or repaired in accordance with the provisions of this Article, the City Engineer shall cause a notice to be served upon the owner or owners or trustee or trustees of the lot in front of which said sidewalk is located, which notice shall contain a description of the property affected, sufficiently definite in terms to identify the same, as well as a description of the required improvement and a notice that unless said improvement shall be completed within 30 days after the service thereof, it is the intention of the City of Absecon City to make the same or cause it to be done, which notice may be served upon the owner or owners or trustee or trustees resident in the City of Absecon City in person or by leaving the same at their usual place of residence with a member of their family above the age of 14 years.
A. 
In case any such owner or owners or trustee or trustees shall not reside in the City of Absecon City, such notice may be served upon them personally or mailed to their last known post office address, or it may be served upon the occupant of the property or upon the agent of the owner in charge thereof.
B. 
In case the owner of any such property is unknown or service cannot for any reason be made as hereinabove directed, notice thereof shall be published at least once, not less than 30 days before the making of such improvement, in a newspaper circulating in the City of Absecon City.
C. 
Proof of service of such notices shall be filed with the Tax Collector within 10 days thereafter.
[1997 Code § 304-12]
In case the owner or trustee of any lot shall refuse or fail to comply with the notice prescribed in Section 304-11 hereof within the time specified, the City Engineer shall cause such sidewalk to be improved or repaired and for that purpose shall prepare an order upon the contractor for the time being for sidewalk construction and repairs, specifying the materials to be furnished and the work to be done, in conformity with this article and said specifications, using in his discretion such old materials as he may deem suitable and in conformity with the requirements of said specifications and this article; provided, however, that such order shall not be executed until it shall have been approved by the Road Committee or a majority thereof, which such order shall be prepared in triplicate, one copy thereof to be filed in the office of the City Engineer, one copy to be filed in the office of the City Clerk and the remaining copy to be delivered to the contractor, which shall constitute his warrant and authority for doing the work.
[1997 Code § 304-13]
A. 
When any sidewalks shall be improved or repaired, a true and accurate account of the cost and expense thereof shall be kept and apportioned among the several properties improved, in proportion to the frontage of their respective lands, and a true statement of such cost, under oath or affirmation, shall be forthwith filed by the City Engineer in charge of such improvements with the City Clerk. The same shall be presented to the Common Council, which body, after giving the notice thereof required by law, shall examine and consider the same and, if the same is properly made, shall confirm the same and the assessments therein made and file the report with the Tax Collector, who shall record said sidewalk assessments in the same book as other assessments.
B. 
Such assessments shall, from the date of the confirmation thereof, become due and payable and shall be and remain a first lien upon the lots upon which they are laid until paid and shall bear interest at the rate of 6% per annum from and after the expiration of 30 days after and from the date of confirmation, and if said assessment is not paid within three years after the date of confirmation, then said lands shall be sold as by law directed.
C. 
It shall be the duty of the Tax Collector forthwith to cause a notice of the assessment and the amount thereof to be given to each person assessed, either personally or by mail, by letter postpaid, directed to the person assessed at his or her last known post office address.
[1997 Code § 304-14]
The cost of such construction and repair of sidewalks shall be paid in the first instance from moneys regularly appropriated for sidewalks or from the proceeds of curbing and paving temporary notes or bonds issued to provide moneys for the purpose of such construction and repair, upon the certificates of the City Engineer, duly approved by the Road Committee or a majority thereof, which said curbing and paving temporary notes or bonds shall be retired and paid from the moneys collected from said assessments.
[Ord. No. 05-2005 § 304-14A; Ord. No. 05-2005 § 314-14b]
A. 
The requirement to install sidewalks and/or curbs may be waived by the City Council, upon application from the owner/applicant, where the owner/applicant has:
(1) 
Provided for pedestrian movement through an equally acceptable open space, at or near where sidewalk would traditionally be located; and
(2) 
Demonstrated that sidewalks and/or curbs are not prevalent on the street frontage of the block where the subject property exists.
B. 
Each application shall be reviewed by the City Engineer and City Construction Official and a recommendation forwarded to the Road Committee of the City Council. The Public Works Committee shall review each recommendation to determine if:
(1) 
There is no reasonable likelihood of connecting sidewalks and/or curbs being constructed in the foreseeable future; or
(2) 
Sidewalks are not required for adequate pedestrian safety; or
(3) 
Curbs are not required for surface drainage.
C. 
Based on the review of the Public Works Committee, a recommendation will be forwarded to the City Council either supporting or denying the application for waiver.
D. 
Inspection fee. All applications for waiver, pursuant to Section 304-14A, of sidewalk and/or curb installation require a $200 inspection fee for each property. This inspection fee is nonrefundable regardless of whether the City approves or denies the request for a waiver.