[Adopted 12-7-1927 as Ord. No. C-43]
[Amended 12-1-1992 by Ord. No. 651-92]
A. 
On all streets in the City of Perth Amboy, sidewalks shall be laid and maintained in a good and safe condition by the respective owner or owners of the land thereby affected, in the manner provided by this Article.
B. 
The failure of any property owner to maintain abutting sidewalks in a good and safe condition and free from any and all dangerous conditions and the proper owner's failure to repair abutting sidewalks shall constitute a violation of this Article.
C. 
In the event that any property owner fails to maintain any abutting sidewalk in the condition required by this Article, the property owner shall be liable to the City of Perth Amboy for any and all costs incurred, including attorney's fees, as a result of injuries to pedestrians.
[Added 12-1-1992 by Ord. No. 651-92]
A. 
No person shall remove or construct, or cause to be removed or constructed, any sidewalk, curb or gutter, or any part thereof, within the public right-of-way in the City of Perth Amboy without first making a written application to and receiving approval from the Director of the Department of Code Enforcement or the Director's authorized chosen representative.
[Amended 9-13-2000 by Ord. No. 1059-2000]
B. 
The application for a permit shall be made on forms provided by the city and shall contain the following information:
(1) 
The name and address of applicant.
(2) 
The name and address of the person who is to perform the proposed work and the name and address of the owner of the property on which the work is to be performed, if other than the applicant.
(3) 
The location, by street number, of the premises where the work is to be done.
(4) 
The estimated cost of the proposed work.
(5) 
A line and grade plan showing the proposed work, including the exact location with respect to a street intersection or some fixed or prominent object as well as its width and relationship to the grade of the street and the adjacent property and, in the case of a driveway apron, its slope or pitch.
(6) 
Any other information that the Director deems necessary in order to determine whether the work will comply with this Article.
[Added 12-1-1992 by Ord. No. 651-92; amended 9-13-2000 by Ord. No. 1059-2000; 9-14-2011 by Ord. No. 1577-2011]
The fee for the issuance of a permit under this Article shall be:
A. 
Detached one- or two-family dwelling: $75.
B. 
All other properties: $100.
C. 
Inspection fee—City Engineer—all properties: $50.
and shall be paid to the Director of Code Enforcement. However, the Director may waive the permit fee for replacement of a section of sidewalk no greater than twelve (12) linear feet. These fees shall be in addition to any other charges relative to the proposed construction.
[Amended 12-1-1992 by Ord. No. 651-92]
A. 
All sidewalks, curbs and gutters shall be repaired or constructed in accordance with the specifications and details on file in the office of the City Engineer and the Department of Public Works.
B. 
Any sidewalk, curb or gutter which is in disrepair or which is removed shall be promptly replaced subject to the requirements of this Article.
C. 
No concrete sidewalk shall be replaced or covered with blacktop or similar material.
D. 
Wherever a curb cut or driveway depression is required, the entire section or sections of curb and/or gutter shall be removed and replaced.
E. 
The breaking and recapping of curbs is specifically prohibited.
[Added 12-1-1992 by Ord. No. 651-92; amended 9-13-2000 by Ord. No. 1059-2000]
All applicants with permits shall notify the Department of Code Enforcement twenty-four (24) hours prior to the time of pouring or laying of any sidewalks, curbs or gutters to allow for inspection and testing by the city.
[Amended 12-1-1992 by Ord. No. 651-92; 9-13-2000 by Ord. No. 1059-2000]
The city may require the owner or owners of property abutting sidewalks to make improvements or necessary repairs. If the owner or owners of land affected by this Article shall neglect for a period of thirty (30) days to make the improvement or necessary repairs to the sidewalks required by the city, it shall be lawful for the Council to cause such improvement to be made under the direction and supervision of the Department of Code Enforcement to award one (1) or more contracts for making of such improvements or repairs.
Before proceeding to make any such improvements or repairs or to award any contract or contracts for the making thereof, the Council shall cause notice of such contemplated improvement to be given to the owner or owners of any lands thereby affected; such 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 thirty (30) days after the service thereof, it is the intention of said city to make such improvement or cause the same to be done pursuant to this Article. Such notice may be served upon the owner or owners resident in said city in person or by leaving the same at their usual place of residence with a member of their family above the age of fourteen (14) years, in case any such owner shall not reside in said city, such notice may be served upon him personally or mailed to his 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; in case the owner of any such property is unknown or service cannot for any reason be made as above directed, notice thereof shall be published at least once, not less than thirty (30) days before the making of such improvement by the city, in newspaper circulating in said city; there may be inserted in the said advertisement notice to the owner or owners of several different parcels of land. Notice to infant owners or to owner or owners of unsound mind shall be served upon their guardians. Where lands are held in trust, service shall be made upon the trustee. When lands are held by two (2) or more joint tenants, tenants in common or tenants by the entirety, service upon one (1) of such owners shall be sufficient and shall be deemed and taken as notice to all. Proof of service of such notices shall be filed within ten (10) days thereafter with the city officer having charge of the record of tax liens in the said city, but failure to file the same shall not invalidate the proceedings if service has actually been made as herein provided.
When any sidewalk improvement or any other improvement of the character hereinbefore mentioned shall be made by the city pursuant to this Article, a true and accurate account of the costs 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 costs, under oath or affirmation, shall be forthwith filed by the officer of said city in charge of such improvement with the City Clerk; the Council shall examine the same and, if the same is properly made, shall confirm the same and file such report with the Tax Collector and Treasurer. The Tax Collector and Treasurer shall record the sidewalk and other improvements assessments in the same book as other assessments. Every such assessment shall bear interest and penalties from the same time and at the same rate as assessments for local improvements in the said city, and from the date of confirmation shall be a first and paramount lien upon the respective lands assessed, to the same extent as assessments for local improvement under this Article and as established by law, and shall be collected and enforced in the same manner; and every officer charged with the enforcement and collection of assessments for local improvements is hereby charged with the same duties in regards to the collection and enforcement of sidewalk assessments. No such assessment shall be invalid by reason of any error or omission in stating the name of the owner or owners of any such lot of land or real estate, nor for any other informality where such lot of land or real estate has actually been improved. The governing body of said city imposing any assessment for any sidewalk improvement may provide for the payment of the same in installments, in the same manner as assessments for local improvements are payable in installments in said city, in which case such installments shall bear the same rate of interest and be collected and enforced in the same manner as are installments of assessments for local improvements.