[HISTORY: Adopted by the Township Committee
of the Township of Medford 4-17-2018 by Ord. No. 2018-7.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 129,
Streets and Sidewalks, adopted 10-20-2015 by Ord. No. 2015-20.
The owner, occupant or tenant of premises abutting or bordering
upon any street in the Township of Medford shall remove all snow and
ice from the abutting sidewalks of any such street within 24 hours
after the same shall have ceased to have fallen or have formed thereon
or, in the case of ice which may be so frozen to the sidewalks as
to make removal impracticable, shall cause the same to be thoroughly
covered with rock salt, sand or other suitable material.
No person, including the owner, tenant or occupant of any premises
abutting upon any street, shall throw, place or deposit any snow or
ice into or upon any street or sidewalk in the Township of Medford.
In any case in which snow or ice shall not be removed from any sidewalk as required by § 129-1 or shall be cast, deposited, thrown or placed upon any sidewalk or street in violation of § 129-2, the Zoning Officer and/or the Director of Neighborhood Services shall initiate action intended to bring compliance. In situations deemed an immediate public safety hazard by the aforementioned officials or Emergency Management Coordinator in consult with the Township Manager, such snow or ice shall be forthwith removed by or under the direction of the Township Manager. The cost thereof shall be reviewed by the Township Council and, upon validation, the Township Council, by resolution, shall cause such cost to be charged against the real estate so abutting upon such sidewalk. The amount so charged shall thereupon become a lien and tax upon said real estate and be added to and part of the taxes next to be assessed and levied thereon, and enforced and collected, with interest at the same rate as other taxes, by the same officer and in the same manner as other taxes.
A.
Any person who violates any provision of this article shall, upon
conviction thereof, be punished by a fine not exceeding $1,000 or
by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
A.
The owner of any premises in the Township of Medford abutting a sidewalk
or curb shall, at his/her own cost expense, keep and maintain said
sidewalk and 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.
B.
In the event that any 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/her own cost and expense shall, with expeditious speed,
reconstruct or repair, as the facts may require, such sidewalk or
curb or that part thereof which requires reconstruction or repair.
All sidewalks to be reconstructed or repaired shall be constructed
in accordance with Township standards.
C.
In the specific circumstance of a raised sidewalk surface caused
by tree-root expansion, the abutting owner's maintenance and
repair responsibilities shall include the removal of the tree and/or
its roots, to the extent necessary to effectuate the sidewalk repair.
A.
The Zoning Official and/or the Director of Neighborhood Services
shall serve upon the abutting owner a written notice requiring the
necessary specified work to said curb or sidewalk to be done by the
said owner or occupant with 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 municipality, the same may
be mailed, by certified mail, to his or her post office address as
identified in the public records of the Medford Township Tax Collector.
B.
In case the owner or occupant of such lands shall not comply with
the requirements of such notice, and a public safety concern exists
as attested to by the Township Manager, the Manager shall cause the
required work to be done and paid for out of the municipal funds available
for that purpose; the cost of such work shall be certified by the
Township Manager.
C.
Council review; collection. The Township Council shall examine such
certification and, if found to be correct, the amount of the cost
of such work shall be and become a lien upon the said abutting lands
in front of which such work has been done to the same extent that
assessments for local improvements are liens in such 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.
D.
In addition, thereto, the Township may have an action to recover
the said amount against the owner of said lands in any court having
competent jurisdiction thereof. A certified copy of the aforesaid
certificate shall in such action be prima facie evidence of the existence
of the debt due from the said owner to Medford Township.
E.
No bar. The imposition and collection of a fine or fines imposed
by the provisions of this article shall not constitute any bar to
the right of Medford Township to collect the cost as certified for
the required work.
A.
The within provisions of Chapter 129 of the Township Code are adopted pursuant to the statutory authority conferred by N.J.S.A. 40:65-1 et seq.
B.
The within provisions of Chapter 129 of the Township Code are remedial and shall be liberally construed in favor the Township of Medford; the provisions of Chapter 129, herein, shall have retroactive application to any sidewalk repair or maintenance issues preexisting the adoption of Ordinance 2015-20.
A.
Any person who violates any provision of this article shall, upon
conviction thereof, be punished by a fine not exceeding $1,000 or
by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
