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]
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.
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).
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.
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.
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.
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.
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).
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.