The purpose of this article is to outline the responsibility of sidewalk maintenance on non-Borough property, regardless of easement or right-of-way.
The property owner of any premises in the Borough of Atlantic Highlands that abuts a sidewalk shall, at their own cost and expense, keep and maintain such sidewalk 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. In the event such sidewalk, or any part thereof, becomes unsafe or hazardous to the public or unfit to walk upon, the abutting owner, at their own cost and expense, shall, with all expeditious speed, reconstruct or repair, as the facts may require, such sidewalk, or part thereof, which requires reconstruction or repair.
The provisions of this article shall not apply to the maintenance, reconstruction or repair of curbs, drainage basins or similar facilities abutting the sidewalk. The provisions of this article shall not apply to situations where, in an approved subdivision, a developer is required to install sidewalks and where the sidewalks have not been accepted and the guarantees for the installation of such sidewalks, either by way of performance or maintenance guarantees, have not been released by the Borough, with the exception that if the owner damaged the sidewalk, then the owner shall be responsible for any and all repairs to the sidewalk.
Where, in the opinion of the Code Enforcement Officer, the Department of Public Works, or the Borough Engineer, a sidewalk is in an unsafe or hazardous condition, a notice of violation shall be given to the property owner, requiring the sidewalk hazard be marked with paint, cones, flags, or other designated markers within 15 days of receipt of said notice and necessary specified work to said sidewalk to be completed within a period of no more than 90 days from the date of service of said notice. The property owner may request an additional thirty-day extension from the Borough Administrator.
In the event the property owner shall refuse or neglect to comply with the provisions of this article within 30 days after notice, the required work may be completed under the direction of the Department of Public Works of the Borough of Atlantic Highlands in conjunction with the Borough Engineer. The cost of repair shall be certified by said Department to the Mayor and Council and, after examination, said cost shall be charged against said lands and shall become a lien upon such lands and be added to and become and form part of the taxes next to be assessed and levied upon such lands.