[Adopted 7-7-1955]
In any pubic street, avenue, alley and lane in the City of Gloucester City, the grade of which has been established or which may hereafter be established, curbs shall be set or reset and sidewalks shall be laid, relaid, altered, repaired and maintained at the expense of the abutting property owner as now provided by law and the provisions of this ordinance.
All curbs or sidewalks hereafter set, reset, laid, relaid, altered or repaired shall be done in compliance with the regulations of the Street Committee of the Common Council of the City of Gloucester City and under the supervision of the City Engineer.
[Amended 9-1-2005 by Ord. No. O22-2005]
Whenever any curb or sidewalk is required to be set, reset, laid, relaid, altered or repaired in the City of Gloucester City, application by the owner of the abutting land, or his contractor, for a permit shall first be made to the City, through the City Clerk, specifying the grade, dimensions, mix, materials and the method of construction or repair to be used. The City Engineer shall examine the said specifications of grade, dimensions, mix, materials and method of construction or repair and shall endorse on said application his approval or disapproval thereof. Upon his approval, a permit shall be issued to the applicant-owner or contractor for such construction or repair. The failure of the applicant-owner, his contractor, servant or agent to construct or repair such curbs or sidewalks in accordance with the specifications shall subject the person or persons violating this section of the ordinance to the penalties provided in Section 73-17.
[Amended 9-1-2005 by Ord. No. O22-2005]
All sidewalks, curbs, driveways and aprons in any street, avenue, alley or lane or section thereof in the City of Gloucester City where the grade has been or may hereafter be established may be laid to such width and of such material as shall be required in specifications prepared by the City Engineer and accepted by the Common Council.
[Amended 9-1-2005 by Ord. No. O22-2005]
The owners of lots, tracks, and parcels of land fronting or abutting a public street, avenue, alley or lane in the City of Gloucester City shall, at his, her, or their own cost and expense, construct curbs and sidewalks in front of or joining the same when notified by the City Code Enforcement Officer to do so. Owners receiving such notification that a curb and sidewalk must be constructed in front of or joining his, her, or their lot, tract, or parcel of land who are unable for financial reasons to construct the required sidewalk and curb at the time of the notification may make written application to the Common Council for a hardship extension.[1] The Common Council shall review all applications for hardship extension and shall be authorized to grant an extended period to complete the required construction, for a period not to exceed five years based on the estimated cost of constructing the sidewalk and curb and evidence of the applicant's inability to complete the project immediately.
[1]
Editor's Note: The application for hardship extension, referred to herein, is included as an attachment to this chapter.
[Amended 9-1-2005 by Ord. No. O22-2005]
Whenever the Common Council of the City of Gloucester City shall deem necessary the construction, repair, alteration or relaying of any curb or sidewalk in the City of Gloucester City, it shall, by resolution, specify the improvements to be made. Whenever such resolution has been duly passed by the Common Council, the City Code Enforcement Officer shall cause a notice in writing to be served upon the owners or occupants of the lands, requiring the necessary specified work to said curbs or sidewalks to be done by the said owner or occupant within a period of not less than 30 days from the date of service of such notice. Whenever any lands are unoccupied and the owner cannot be found within the city, said notice may be mailed, postage prepaid, to his or her post office address if the same can be ascertained. Such notice shall contain a description of the property, sufficient to identify, and shall set forth the required improvement. Service of said notice upon owners or occupants resident in the City of Gloucester City may be made in person or by leaving the same at their usual place of residence with a member of their family over the age of 14 years, or, if the owner or occupant is a partnership or corporation, by leaving the same at the usual place of business with a member of the business staff over the age of 14 years or by attaching said notice at a conspicuous place upon the premises.
[Amended 9-1-2005 by Ord. No. O22-2005]
If the owners or occupants of said lands shall not comply with the requirements of such notice and do not qualify for a hardship extension, it shall be lawful for the City Code Enforcement Officer to cause the required work to be done by the city, and the cost thereof shall be certified to the Collector of Taxes, and upon the filing of such certificate with said collector, the cost shall become the lien upon said abutting lands adjacent to which such work was done to the extent that assessments are liens and shall bear interest from the date such certification is made to the collector of taxes at the rate of 7% per annum.
Such cost of improvement, when it becomes a lien, shall be collected in the manner provided by law for the collection of such other assessments or liens; and in addition thereto, the City of Gloucester City may, at its option, maintain an action to recover the said amount against the owner of said lands in any court having competent jurisdiction thereof.
From and after the passage of this ordinance, the Mayor and Common Council may in each year include in its budget an appropriation for curb or sidewalk repairs in addition to any existing general public works fund, out of which appropriation the cost of construction or repair of curbs and sidewalks during the year may be charged when it becomes necessary to make such repairs or construction as hereinabove set forth. All moneys recovered or paid to the city under the provisions of this ordinance shall be credited to the account out of which such work was paid, in accordance with New Jersey Revised Statutes 40:180-3.
All ordinances or parts of ordinances inconsistent herewith are hereby repealed.
This ordinance shall take effect December 31, 1955.