[Adopted 9-25-74 by Ord.
No. 12-1974]
The construction, maintenance and
repair and reconstruction of sidewalks shall be the responsibility
of the abutting landowners, and sidewalks shall be constructed, repaired,
altered, relaid or maintained at the expense of the abutting landowners
as provided by the provisions of N.J.S.A. 40:65-1 et seq.
The Board of Commissioners of the
Borough of Avon-by-the-Sea shall cause notice to be served upon abutting
landowners or occupants of said lands, requiring the necessary specified
work on said sidewalk to be performed by the said owners or occupant
within a period of not less than thirty (30) days from the date of
such notice. The Board of Commissioners may at their discretion due
to inclement weather extend said period for a longer period than thirty
(30) days, provided that said period shall not exceed ninety (90)
days.
The Board of Commissioners shall,
whenever the abutting lands are unoccupied and the owner in title
cannot be found within the Borough of Avon-by-the-Sea, mail, postage
prepaid, to said owner's post office address, and in the event that
said address cannot be ascertained, the Board of Commissioners shall
insert a notice for four (4) weeks, once in each week, in a newspaper
circulating within the Borough of Avon-by-the-Sea.
The Board of Commissioners, upon
expiration of the period of notice, shall, in the event that the owner
or occupant has not complied with the requirements of said notice,
file with the Municipal Clerk due proof of service of publication
of the aforesaid notice, and the Board of Commissioners shall, after
the filing of said notice with the Municipal Clerk, order the necessary
work to be performed in accordance with said notice by the employees
of the Street Department and cause the same to be paid for from the
funds of the Borough of Avon-by-the-Sea or award a contract therefor.
The Commissioner of the Department
of Public Works, or his duly designated representative, shall certify
to the Tax Collector the cost of the performance of said work and
upon the filing with the Tax Collector of said certificate by the
Commissioner of the Department of Public Works or his duly designated
representative, the Tax Collector shall thereafter cause a lien to
be placed upon said abutting lands wherein said work was performed.
The Tax Collector shall collect the
moneys so expended in the same manner as assessments for local improvements
as provided by the statutes of the State of New Jersey, and said lien
shall bear interest at the same rate as an assessment for local improvements.
The Tax Collector may, with the consent of the Board of Commissioners,
institute a suit in the courts of the State of New Jersey for the
collection of the amount of said lien from the owner of said lands,
as disclosed on the tax assessment list of the Borough of Avon-by-the-Sea
at the time of the performance of said work.
The Tax Collector shall credit all
moneys from the performance of said work to an account to be established
by the Tax Collector for performance of said work as set forth in
this article by the municipality.
The Commissioner of the Department
of Public Works shall have the authority under the provisions of this
article to designate subordinate employees in the Department of Public
Works as representatives in performing the duties required of the
Director in administering the provisions of this article and the Director
may further designate employees within the Department of Public Works
for the purpose of inspecting streets and sidewalks. The Director
of Public Works, prior to the performance of any work on any sidewalk
by the abutting landowner, shall ascertain through his representatives
the conditions affecting said existing sidewalks on the abutting land,
and, if in his determination said condition is due to the growth of
roots of any shade tree owned by the Borough of Avon-by-the-Sea, he
shall order that said roots be removed by employees of the Borough
of Avon-by-the-Sea at no cost to abutting landowners. The Commissioner
thereafter shall notify the Board of Commissioners of the condition
existing and the work to be performed by the abutting landowner prior
to the Board of Commissioners serving notice on said landowner or
occupant of said lands.
