After the adoption of this article or concurrently therewith, the Mayor and Council of the Borough of Buena may adopt resolutions from time to time designating areas to be affected by this article. Passage of such resolutions shall be noticed to the affected property owners pursuant to §
195-7 hereinafter.
If any owner or owners of land fronting upon the streets mentioned
in the resolutions aforesaid shall choose to do his, her or their
own curbing and guttering in front of that land, it is her, his or
their own expense and written notice of such intentions shall be filed
with the Buena Borough Clerk within 20 days after receipt of formal
notice of passage of the resolution designating their land as affected,
with a copy of this article attached thereto, and such work so to
be done shall be completed within 30 days after the filing of such
notice with the Buena Borough Clerk; otherwise, such landowner or
owners shall be liable to an assessment for all costs and expenses
incurred in the construction and completion of curbs and gutters.
The costs and expenses incurred in the construction and completion
of the said local improvement shall be assessed against the properties
specifically benefitted in proportion to the benefits received. Assessments
shall be distributed for payment over a five-year period and dated
in five equal annual installments.
Nothing herein shall be construed to affect any curbs or such
streets now in good repair and constructed at said grade or slope
and substantially in accordance with this article and the specifications
as set forth by the Borough Engineer.
Upon failure of the owner or owners of lands fronting or bordering
on the subject street to construct, recurb, improve, repair or install
curbs within 30 days after service of notice pursuant to the provisions
of N.J.S.A. 40:65-1 et seq., and the acts amendatory thereof and supplemental
thereto, the said improvement shall be done by the Borough or under
its direction pursuant to the statutes aforesaid and the cost assessed
against the lands affected.
[Amended 1-12-1987 by Ord. No. 329]
Each and every person, firm or corporation violating any provision of this article shall, upon conviction thereof, be subject to such penalties as set forth in Chapter
1, General Provisions, Article
III.