[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy
Hills 9-10-2002 by Ord. No. 2002:35. Amendments noted where applicable.]
The construction, repair, alteration, replacement and maintenance of
all fences, walls or other safeguards that are necessary for the protection
of persons from injury from unsafe places on real property adjacent to or
near Township streets shall be the duty of the abutting land owner.
Wherever it shall appear to the Council, on advice of the Director or
on its own motion, that it is necessary or advisable in the public interest
to construct, repair, alter or replace a fence, wall or other safeguard, Council
shall adopt a resolution directing that a notice be served upon the owner
or occupant of abutting lands specifying the work required to be done and
requiring the abutting owner or occupant to accomplish same within a period
not less than 30 days from the date of service of the notice. In the event
that the abutting lands are unoccupied or the owner cannot be found within
the Township, the notice shall be mailed, postage prepaid, to the owner's
post office address, if the same can be ascertained. In the event that the
abutting owner is a nonresident of the Township or his post office address
cannot be ascertained, then the notice may be inserted for four weeks, once
a week, in some newspaper of the Township.
In the event that the owner or occupant shall fail to comply with the
requirements of the notice, the Township, upon filing proof of the service
or publication of the aforesaid notice in the appropriate department of the
Township, shall cause the required work to be done at its expense.
Upon performance of the required work by the Township pursuant to § 159-3 of this chapter, the cost of the work shall be certified to the Tax Assessor. Upon the filing of the certificate, the amount reflected therein shall become a lien upon the abutting lands to the same extent that assessments for local improvements are liens and shall be collected in the manner provided by law for collection of assessments, bearing interest at a like rate.
The resolution adopted pursuant to § 159-2 of this chapter, or a subsequent resolution, may provide for the payment of the cost assessed against the abutting owner or occupant in equal yearly installments not exceeding 10, with legal interest, and at such time annually as shall be fixed, but any person may pay the whole of any assessment or any balance with only accrued interest at one time. If any such installment shall remain unpaid for 30 days, the whole assessment shall become due immediately. Whenever any owner or occupant shall be given the privilege of paying any assessment in installments, such assessment shall remain a lien upon the land described therein until the same with all installments and accrued interest thereon shall be paid.
In the event that an owner shall default in the payment of an assessment
or the payment of an installment thereof, the Township may proceed against
him in an action at law.
All work performed under the terms of this chapter shall be under the
supervision and direction of the Director of Public Works and subject to his
approval.
