[Added 12-18-2001 by Ord. No. 45-2001]
Pursuant to N.J.S.A. 40:65-1 et seq., the governing
body of the City finds and declares that curbs and sidewalks develop
defects and deteriorate over time which increases the risk of injury
to the general public utilizing them for pedestrian travel. The governing
body of the City further finds and declares that it is in the interest
of public safety that property owners abutting curbs and sidewalks
shall maintain them in good condition and repair them when necessary
to protect the public health, safety and welfare. It is the intent
and purpose of this article to establish a procedure for the orderly
and reasonable enforcement of this policy.
Property owners shall be responsible for maintaining
the curbs and sidewalks abutting their property in reasonably good
condition, free from defects and dangerous conditions which could
cause injury to persons properly using the curbs and sidewalks. Property
owners are not responsible for minor flaws and stretches of minor
uneveness.
Whenever the Board of Commissioners shall, by
resolution, determine that repairs are required to a curb or sidewalk
of an abutting landowner, the director in charge of streets and roads
shall notify, in writing, the owner of the abutting land to make the
necessary repairs. Said repairs shall be made within 30 days from
the date of service of the written notice.
In the event that said repairs are not effected
within 30 days after written notice has been served on the abutting
landowner to make the necessary repairs, the director in charge of
streets and roads may procure such repairs as shall be required at
the expense of the City, and all costs expended therefor shall become
a lien upon the abutting lands where such repairs were made to the
same extent that assessments for local improvements are liens. The
cost thereof shall be collected in the manner provided by law for
the collection of such assessments.
In the event that the abutting landowner has failed to make the necessary repairs to the curbs or sidewalks within 30 days of the service of the written notice, a formal complaint may be filed by the City against said property owner with the Municipal Court for enforcement of this article. The Municipal Court, in its discretion, may impose penalties as prescribed by Chapter
1, General Provisions, Article
III, of the Code and, in addition, may impose restitution in favor of the City for all moneys expended to effect the necessary repairs to the curbs or sidewalks.
In addition thereto, the City may file an action
to recover the amount due against the property owner in any court
having competent jurisdiction. A certified copy of the certificate
of assessment shall in such action be prima facie evidence of the
existence of the debt due from the property owner to the City.