[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]
[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]
Whenever any abutting lands are unoccupied and the owner cannot
be found within the municipality, the same 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.
[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.
