[1991 Code § 181; Ord. No. 1995-20]
Within the Borough there are sidewalks abutting public streets and roads. Although it is desirable for these sidewalks to be as safe as practical, the Borough has neither the financial resources nor the workforce necessary to inspect and maintain in good repair all sidewalks within its borders. Accordingly, vis a vis the Borough and landowners, landowners are in the better position to inspect the sidewalks abutting their properties, determine whether they are in need or repair, and make such repairs.
[Ord. No. 1995-20]
A. 
Landowners, and not the Borough, shall be responsible for repairing and maintaining sidewalks abutting their property. All sidewalk repair or maintenance shall comply with the requirements set forth in § 17-2-7. The cost of such repair and maintenance shall be borne by the abutting landowner.
B. 
This duty shall apply notwithstanding the Borough's failure to notify landowners that abutting sidewalks are in need of repair or maintenance, as provided in § 17-2-3.
[Ord. No. 1995-20]
Whenever the Superintendent of Public Works of the Borough certifies to the Mayor and Council that any sidewalks or curbs are in need of construction, repair, alteration, relaying or maintaining, the expense of the construction, repairing, alteration, relaying or maintaining shall be borne by the landowners abutting the improvement. The responsibilities of abutting landowners set forth in this section and the following sections are in addition to and in no way lessen the responsibility of landowners as set forth in § 17-2-2.
[1991 Code § 181-22]
The Mayor and Borough Council, upon receipt of the certification set forth in § 17-2-1, shall determine the necessity of the improvement, and, if it deems that the improvement is necessary, it shall, by resolution, cause a notice, in writing, to be served upon the abutting owners or occupants of the lands, requiring the necessary specified work to the curb, sidewalk or both to be done by the owner or occupant within a period of not less than 30 days from the date of service of such notice. All such work shall be done in accordance with plans, specifications and grades on file in the office of the Borough Engineer.
[1991 Code § 181-23; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
Whenever any abutting lands are unoccupied and the owner cannot be found within the municipality, the notice may be mailed, postage prepaid, to his or her post office address, if the same can be ascertained. In the event that such owner is a nonresident of the municipality or his or her post office address cannot be ascertained, then the notice may be inserted for four weeks, once a week, in the official newspaper.
[1991 Code § 181-24]
In the event that the owner or occupant of such abutting lands shall not comply with the requirements of the notice, it shall be lawful for the Department of Public Works, upon filing due proof of the service or publication of the aforesaid notice in the appropriate department of the municipality, to cause the work required to be done and paid for out of municipal funds available for that purpose. The cost of such work shall be certified by the Superintendent of Public Works to the department or person having charge of the collection of assessments in the municipality. Upon filing the certificate of costs, 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 municipality and shall be collected in the manner provided by law for the collection of such other assessments and shall bear interest at the same rate. In addition thereto, the municipality may commence, in any court having competent jurisdiction thereof, an action against the owner of the lands to recover the amount.
[1991 Code § 181-25; Ord. No. 1995-20]
A. 
All placement of curbs, sidewalks and driveways, other than those included in a site plan approval by the Planning Board, will require a permit from the Building Inspector.
B. 
Curbs, sidewalks and driveways will be installed according to the specifications on file in the Municipal Engineer's office.
C. 
Fees will be calculated at $15 per $1,000 of construction cost. The minimum fee will be $35. Inspections will be made by the Building Inspector.
D. 
Nothing in this article shall be construed to permit or authorize the landowner to interfere with or injure a municipal shade tree, including roots, without the consent of the Environmental Commission pursuant to Chapter 20.
E. 
Violation of this section shall be subject to a penalty as provided in Chapter 1, General Provisions, Article 1-5, General Penalty.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. 1-8)]
[Ord. No. 1995-20]
Nothing in this article shall be construed to expand the liability of landowners to third parties with respect to sidewalks beyond the liability as it exists under current law.