[Adopted 12-18-2017 by Ord. No. 16-2017]
A.
The owner of any premises in the Township of Westampton abutting
a sidewalk shall, at his/her own cost and/or expense, keep and maintain
said sidewalk 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.
B.
In the event that any such sidewalk or any part thereof becomes unsafe
or hazardous to the public or unfit to walk upon, the abutting owner
at his/her own cost and expense shall, with expeditious speed, reconstruct
or repair, as the fact may require, such sidewalk or that part thereof
which requires reconstruction or repair. All sidewalks to be reconstructed
or repaired shall be constructed in accordance with Township standards.
If it comes to the attention of the Township that a sidewalk
or driveway apron is kept in such a state of disrepair as to endanger
the health and general welfare of the citizens of the Township, the
appropriate Township official may order the property owner to maintain
and repair the area upon notice in writing to be served upon the owner
of or the occupant of such lands requiring the necessary specified
repairs or replacement of such sidewalk to be done by such owner within
a period of 30 days from the date of services of such notice, such
notice to be served by regular and certified mail to the address of
the property owner as provided by the Tax Assessor. The owner may
apply for a time extension to complete the repairs if necessary, such
as for weather conditions. If his/her address cannot be ascertained,
then the notice may be inserted for four weeks, once a week, in the
official newspaper of the Township.
A.
If the property owner who has been served notice of an order to repair in accordance with § 212-23 fails to abate or remedy the condition within 30 days from the date of service, unless an extension has been granted, it shall be lawful for the appropriate Township official, upon filing proof of service or publication of the aforesaid notice with the Township Clerk and upon the Township Administrator's direction, to cause the required work to be done and paid out of municipal funds. Upon the completion of the work, the amount expended along with labor costs shall be certified by the Chief Financial Officer to the Township Committee. The Township Committee upon receipt of the certification of charges shall be by resolution certify the amount of the cost of such work and shall create same as a lien upon the property abutting the sidewalk where such work was done. Said lien shall become an assessment for local improvements to the same extent and manner as local improvement liens are in the Township and shall be collected in the manner provided by law for the collection of such other assessments and shall bear the interest at the same rate.
B.
Nothing herein shall prohibit the Township from commencing an action
to recover the amount expended against the property owner in any court
having competent jurisdiction thereof. A certified copy of the aforesaid
amount shall in such action be prima facie evidence of the existence
of the debt due from the property owner to the Township.
B.
The within provisions of Article V of Chapter 212 of the Township Code are remedial and shall be liberally construed in favor of the Township of Westampton; the provisions of Article V of Chapter 212, herein, shall have retroactive application to any sidewalk repair or maintenance issues preexisting the adoption of Ord. No. 16-2017.
