Township of Burlington, NJ Article IV Sidewalk Maintenance and Repair.

[Adopted 2-28-2023 by Ord. No. 2023-OR-004]

§ 520-19 Sidewalk Maintenance and Repair.

A. Policy.

(1) It is the responsibility of the owner of the abutting landowner to maintain and repair the sidewalk in a safe and structurally sound condition in accordance with the Township specifications set forth in Schedule 4 "Technical Provisions for Sidewalks."[1]

[1] Editor's Note: Said schedule is included as an attachment to this chapter.

(2) The adoption of this policy does not impose an obligation on the Township, the Township Engineer, or any Township department or employee, to survey or inspect existing sidewalks, for the purpose of determining whether maintenance or repairs are necessary, or to cause any sidewalk to be maintained or repaired.

B. Landowner's responsibilities. Whenever the Township Engineer certifies to the Township Council that any sidewalk requires maintenance, repair or replacement, the expense of such maintenance, repair or replacement shall be the responsibility of the landowner(s) abutting the sidewalk(s).

C. Duties of Township Engineer. The Township Engineer, or a member of the Department of Engineering designated by the Township Engineer, has the authority, upon receipt of a complaint, to inspect sidewalks to determine if it has become necessary for the public safety to require the maintenance, repair or replacement of the sidewalk. Prior to directing that any work be performed by the abutting landowner, the Township Engineer, or the Township Engineer's designee, shall determine if the maintenance, repair or replacement results from the growth of roots from a tree planted by the Township or as a result of any action by the Township, and if so, the condition shall be corrected by the Township. Otherwise, upon the determination that maintenance, repair or replacement is necessary, the Township Engineer shall notify and certify to the Township Council the condition of the sidewalk(s) and the work to be performed by the abutting landowner(s) prior to the Township Council serving notice on said landowner.

D. Notice to perform sidewalk work.

(1) The Township Council, upon receipt of the certification from the Township Engineer or the Township Engineer's designee shall determine the necessity of such improvement, and, if it deems that said improvement is necessary, it shall by resolution cause a notice in writing to be served upon said abutting landowner, by both certified and regular mail, requiring the necessary specified work be done within 30 days from the date of service of the notice. The Township Council may, at its discretion, due to inclement weather, extend the time period beyond 30 days, but in no event shall the period exceed 120 days.

(2) If the abutting land(s) are unoccupied and the owner(s) cannot be found within the Township, the notice may be mailed, postage prepaid, to his or her post-office address, if the same can be ascertained. In case the owner is not a Township resident, or his or her post office address cannot be ascertained, then the notice may be inserted for four weeks, once a week, in a newspaper published in the State of New Jersey and circulating in the Township.

E. Permit required. Prior to commencing any maintenance, repair or replacement of a sidewalk, when it is determined to be necessary by the Township Engineer pursuant to the provisions of Article II, Road Openings, the abutting landowner shall obtain a Road Opening Permit.

F. Failure to perform sidewalk maintenance, repair or replacement. In the event that the abutting landowner fails to comply with the requirements set forth in the notice, the Township Council shall cause to be filed with the Tax Collector proof of service or publication of the notice. Upon the filing of the proof of service the Director of the Department of Public Works shall be authorized to cause the necessary maintenance, repair or replacement to be made at Township expense with costs to be paid by the abutting landowner(s).

G. Collection of costs. The Director of the Department of Public Works shall certify to the Tax Collector the cost incurred to maintain, repair or replace the sidewalk. Upon the filing of the certificate, the amount of the cost of the 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, 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. Additionally, the Township Administrator may direct the Township Attorney to commence an action in the Superior Court wherein a certified copy of the certificate shall be prima facie evidence of the existence of the debt. All funds recovered shall be credited by the Chief Financial Officer to the account out of which the cost of such work was paid.