The owner of any premises in the City of South Amboy abutting
a public street, highway, sidewalk and/or curb shall, at his own cost
and expense, keep and maintain such sidewalk and/or curb 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. In the event
that such sidewalk or curb or any part thereof becomes unsafe or hazardous
to the public or unfit to walk upon, the abutting owner, at his own
cost and expense, shall, with all expeditious speed, reconstruct or
repair, as the facts may require, such sidewalk or curb or that part
thereof which requires reconstruction or repair.
A.
Where, in the opinion of the City Engineer, a sidewalk or curb is
in an unsafe or hazardous condition or there is need for sidewalks
or curbs to be constructed, reconstructed, repaired, altered, relaid
or maintained, he shall inform the City Council, which shall, by resolution,
direct the City Engineer to serve notice, in writing, upon the owner
or occupant of said lands affected thereby.
B.
The notice shall state the following:
(1)
The necessary specified work to said sidewalk, curb or gutter required
to be done by said owner or occupant.
(2)
The time within which such work shall be completed, provided that
said time period shall not be less than 30 days from the date of service
of such notice.
(3)
The failure of the owner or occupant to perform the required work
within the time period stated shall permit the municipality to cause
the work to be done and paid for out of available municipal funds,
following which the cost of such work shall become a lien upon the
abutting lands in front of which such work was done. Such lien shall
have the same effect as an assessment for local improvements and may
be collected in a manner provided by law for the collection of such
other assessments.
(4)
Such notice shall further state that a municipality may have an action
to recover the cost of such work against the owner of lands in any
court having competent jurisdiction thereof.
A.
The notice provided for in the preceding section shall be served
upon all owners residing in the city personally, by certified mail
or by leaving the same at their usual place of residence with a member
of the family above the age of 14 years. In the case of infants and
incompetents, such notice shall be served upon their guardians; when
any real estate is held in trust, upon the trustee; when held by joint
tenants, tenants in common or tenants by the entirety, upon any one
such tenant.
B.
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 as it is ascertained from the latest tax rolls
of the City of South Amboy.
C.
In a case where an owner is a nonresident of the city or his or her
post office address cannot be ascertained, then a notice may be inserted
for four weeks, once a week, in the official newspaper of the City
of South Amboy.
D.
Proof by affidavit of service of such notices shall be filed within
10 days thereafter with the Collector of Taxes, but failure to file
such proofs shall not invalidate the proceedings if service has been
made as hereinbefore provided.
In the case where the owner or occupant of such lands shall
not comply with the requirements of such notice, the City Council
may cause the improvements to be made under the supervision of the
City Engineer or may award a contract or contracts therefor. The cost
of such work shall be paid out of the city funds available for that
purpose.
A.
The City Engineer shall keep an accurate account of the cost of all
work done under the applicable sections of this article and shall
assess such cost upon such properties and shall file a report thereof
under oath with the City Clerk.
B.
The City Council shall examine such report and, if properly made,
confirm and file it with the Collector of Taxes, who shall record
such sidewalk assessment in the book in which other assessments of
the City of South Amboy are recorded. Before confirming the report,
the City Council shall give notice to the owner or owners named therein
of the time and place fixed for examination of the report.
C.
The notice of such examination of the report shall be served in the
same manner as required for the service of notice before consideration
by a governing body of a municipality for the benefits for local improvements,
but failure to give any such notice shall not invalidate the proceedings.
Sidewalk assessments shall bear interest from the time of confirmation
at the same rate and with the same penalties for nonpayment as assessments
for local improvements in the city, and from the confirmation thereof
shall be first and paramount lien upon the real estate assessed to
the same extent and be collected and enforced in the manner as assessments
for local improvements. No such assessments shall be invalid by reason
of error in the statement or omission of the name of any owner of
real estate assessed or for any other informality where such real
estate has been actually improved.
Nothing in this Article shall be construed to relieve any property
owner from the obligation to inspect any sidewalk abutting his property,
nor shall any provision contained in this Article be construed as
an assumption by the city of the obligation to inspect sidewalks.
Whenever the owner of any premises in the City of South Amboy
makes an application for a certificate of occupancy, the City Construction
Official shall direct the City Engineer to inspect the condition of
the curb and sidewalk abutting the premises. The City Engineer shall
submit a written report of his findings regarding the condition of
the curb and sidewalk to the Construction Official. Upon advice by
the City Engineer that there is need for curb and sidewalks to be
constructed, reconstructed, repaired, altered, relaid, replaced or
maintained, the Construction Official shall direct the owner to comply
to the recommendations of the City Engineer prior to the issuance
of a certificate of occupancy.
No person shall construct, reconstruct or reset curbs, sidewalks
or driveways within the City of South Amboy in any way for any purpose
whatsoever without first obtaining a permit from the City Engineer
to reconstruct or reset curbs, sidewalks or driveways. (New)
Any person desiring a permit required by Section 145-9 shall file with the City Engineer of the city an application therefor, signed by the owner of the premises affected, upon which will be stated the name and address of the owner and a description of the premises sufficient to identify the same. The application shall also specify the grade, dimensions, materials and methods of construction or repair to be used. The City Engineer shall review the application for compliance with the provisions of this Article and, upon approval, shall grant a permit to the applicant.
A.
All permits under this Article shall be issued by the City Engineer,
who is hereby authorized to charge a nonrefundable permit fee as follows:
|
Permit Fees.
[Ord. No. 14-2014] | |
|---|---|
|
Curb
|
$2.00 per linear foot
|
|
Sidewalk
|
$0.50 per square foot
|
|
Driveway
|
$0.50 per square foot
|
|
Minimum fee
|
$50.00
|
A.
All sidewalks and curbs constructed, reconstructed or repaired shall be in compliance with Chapter 53, Development Regulations, of the City of South Amboy Code.
B.
All sidewalks and curbs constructed, reconstructed or repaired within
the Special Design District of the City of South Amboy shall be in
compliance with the established standards set forth in that chapter.
C.
All work performed shall be done in a good and workmanlike manner
to the standards prescribed herein and to the reasonable satisfaction
of the City Engineer.
All new sidewalks and curbs constructed by an abutting owner
shall be constructed in accordance with the line and grade established
by the City Engineer. All old and existing sidewalks reconstructed
or repaired by an abutting owner shall be reconstructed or repaired
in accordance with the existing line and grade unless such line or
grade is changed by the City Engineer. It shall be the duty of the
abutting owner in all instances to make inquiry to the City Engineer
respecting such line and grade.
It shall be the responsibility for the owner or his contractor
to notify the City Engineer at least 24 hours in advance of the following:
A.
The failure of any applicant or owner or his contractor, servant
or agent to construct or repair such curbs and/or sidewalks in accordance
with the specifications filed by him for the purpose of securing that
permit under the terms of this Article shall be and constitute a violation
hereof.
B.
Any person violating the terms of this Article or refusing or neglecting
to comply with any of the provisions hereof shall, upon conviction
thereof, be subject to a fine of not more than $500 or imprisonment
in the county jail for a period of not more than 90 days, or both
in the discretion of the court before whom such conviction is had.
C.
Each day's persistence in the things or acts prohibited by this Article
shall be and constitute a separate and distinct offense subject to
any and all penalties prescribed in this Article.
