[Adopted 11-5-69 by Ord. No. 129-69]
No owners of any lands shall neglect to complete the repair
or improvement of any sidewalk within thirty (30) days after the service
of notice therefor pursuant to the preceding section.
[Added 9-5-1989 by Ord.
No. 26-89]
A.
Maintenance and repair of sidewalks and curbs shall be the responsibility
of the abutting property owner. Should the abutting property owner
or owners fail to maintain and repair the sidewalks and curbs which
are their responsibility, in accordance with the ordinances of the
City of Orange Township, and should such failure be reported to the
City Engineer, then, in such event, the City Engineer shall require
that the sidewalks, curbs or any parts thereof be repaired by and
at the cost of said abutting property owner or owners, within thirty
(30) days of a receipt by such owner or owners of notice of the resolution.
B.
Notice of said determination shall be served upon said abutting owner
or owners in the manner prescribed by the laws of the State of New
Jersey. Said notice shall state that, unless said owner or owners
complete the repairs in the manner required by city ordinance and
in the time directed by said resolution, the city will make or cause
to be made the repairs at the cost of said abutting owner or owners.
C.
In case any such owner or owners of the real estate abutting the
sidewalk or curbs which are required to be repaired shall neglect
or refuse to cause said repairs to be completed within thirty (30)
days, then the City Engineer may cause such repairs to be made and
the expenses thereof shall be assessed upon the owner or owners of
the land abutting the sidewalks and curbs to be repaired, all in accordance
with the applicable statutes of the State of New Jersey, in such case
made and provided.
If any landowner shall neglect or refuse to so construct, reconstruct,
restore, repair or alter the grade of the flag sidewalk in front of
his lands when necessary, the City Council may by resolution cause
a notice in writing to be served upon the owner or occupant of such
lands requiring the necessary specified work to such sidewalk to be
done by such owner within a period of thirty (30) days from the date
of service of such notice, such notice to be served or published by
the Director of the Public Works Department in accordance with the
provisions of an act of the legislature entitled "An Act to Authorize
Cities to Order and Regulate the Construction of Sidewalks and to
Provide for the Payment of the Expense Thereof," approved May 10,
1884;[1] and, upon filing due proof of the service or publication
of such notice with the City Clerk, the City Council may by resolution
cause the required work to be done and paid for out of the money of
the city to the credit of the Public Works Department, and the Director
of the Public Works Department shall certify the cost of such work
to the Director of the Finance Department, and, upon filing the certificate,
the amount of the cost of such work shall be and become a lien upon
the abutting lands in front of which such work was done to the same
extent that assessments for local improvements are liens in the city.
[1]
Editor's Note: For current provisions, see N.J.S.A. 40:65-1
et seq.
The assessment made against any property as provided in the
preceding section shall be placed in the annual tax bills rendered
to the owner or owners of such property and shall be collected in
the same manner and by the same officers as taxes are or may be collected
in this city.
[Amended 8-16-77 by Ord. No. 34-77]
Hereafter, whenever the sidewalks of any street or public highway
shall be ordered to be paved or flagged, such paving or flagging shall
be of concrete construction according to specifications prepared by
the City Engineer.
[Amended 2-4-75 by Ord. No. 8-75; 2-4-75 by Ord. No. 10-75; 3-18-75 by Ord. No. 18-75; 3-18-75
by Ord. No. 19-75; 8-16-77 by Ord. No. 34-77]
A.
It shall be unlawful for any person or persons, partnership or corporation to break up, displace, take up or remove, or cause to be broken up, displaced, taken up or removed, any sidewalk or any flagging or pavement laid on such sidewalk without first obtaining a permit from the City Engineer of the City of Orange, which permit shall be upon such conditions as the City Engineer may prescribe. The cost of any permit issued pursuant to the provisions of this Article shall be as provided in Chapter 88, Fees.
[Amended 5-18-1982 by Ord. No. 16-82]
B.
At the time that any person or persons, partnership or corporation
applies for a permit as aforesaid, the applicant shall enter into
a stipulation with the City Engineer to repair and replace any sidewalk,
flagging or pavement laid on such sidewalk to the satisfaction of
the City Engineer, as well as within a period of time specified by
the City Engineer and at the expense of the applicant.
[Amended 2-4-75 by Ord. No. 8-75; 2-4-75 by Ord. No. 10-75; 3-18-75 by Ord. No. 18-75; 3-18-75
by Ord. No. 19-75; 8-16-77 by Ord. No. 34-77]
Applications for permits issuable pursuant to the provisions
of this chapter shall be accompanied with a deposit as a guaranty
of good faith, which said sum of money may be applied by the City
of Orange toward the cost of replacing said sidewalk, flagging or
pavement as follows:
[Amended 2-4-75 by Ord. No. 8-75; 2-4-75 by Ord. No. 10-75; 3-18-75 by Ord. No. 18-75; 3-18-75
by Ord. No. 19-75; 8-16-77 by Ord. No. 34-77]
In the event that the applicant fails to satisfactorily replace
said sidewalk, flagging or pavement, the City of Orange shall replace
the same using the funds deposited by the applicant for said purpose.
Any sums not expended by the city as aforesaid shall be returned to
the applicant upon completion of the work to the satisfaction of the
City Engineer.[1]
[1]
Editor's Note: Former Section 5 of Ord. No. 34-77, which
immediately followed this section and which established penalties
for violations, was deleted 5-18-1982 by Ord. No. 16-82.
