[Adopted 2-10-2000 by Ord. No. 1198]
No person, persons or corporation shall place
or cause to be placed on any portion of any sidewalk, street or highway
within the limits of the Township any obstruction of any nature whatsoever
which shall in any manner hinder, delay or otherwise impede the use
of the sidewalk, street or highway by the public; provided, however
that during construction or repairs, the person carrying on such construction
or repairs may temporarily obstruct portions of sidewalk, street or
highway by applying for a permit to do so and by erecting safety guards
around such construction or repairs and placing lights and such other
warnings as may be necessary to protect the public on its use of street,
sidewalk or highway.
No one shall cause any condition to exist upon
any portion of any sidewalk, street or highway, the existence of which
shall in any manner, hinder, delay or otherwise impede or render dangerous
the use by the public sidewalk, street or highway.
No one shall cause any water to drain or flow
on or over any sidewalk, street or highway other than the usual flow
of surface water during or after a rain or during a thaw and other
than the small quantities of water which may be caused to flow on
or over any sidewalk, street or highway by reason of the watering
of lawns.
The owner or owners, tenant or tenants of lands
abutting or bordering upon the sidewalks and gutters of the public
streets, avenues and highways in the Township of Saddle Brook shall
repair, replace or cause to be repaired or replaced all crumbled,
fragmented, cracked, destroyed or otherwise damaged sidewalks or portions
thereof in front of or bordering on their said lands which constitute
a dangerous condition, or whose repair or replacement may otherwise
be necessary to protect the public in its use of such sidewalks or
portions thereof. Such repairs or replacements shall be made within
120 days of the receipt of notice from the Township, as described
below.
It shall be the duty of the Construction Official
or other agent or designee of the Township Council, upon complaint
being made to him or her or upon his or her own knowledge, and after
determining to his or her satisfaction that the condition of any sidewalk
or portion thereof is in sufficient disrepair so as to constitute
a dangerous condition, to cause a notice in writing to be served upon
the owner or owners, tenant or tenants of the lands abutting or bordering
such sidewalk, requesting such owner or owners, tenant or tenants
to repair such sidewalks within 120 days from the time of service
of such notice.
A.
If the owner or owners of any land abutting or bordering
upon such sidewalk do not reside in the Township or cannot be found,
the notice above specified may be mailed by the said Township agent
or designee to said owner or owners at his or their last known post
office address or addresses.
B.
If the tenant or tenants of any land abutting or bordering
upon said sidewalk cannot be served with said notice, then said Township
agent or designee may effect service by mailing the same to the tenant
or tenants at his or their post office address or addresses.
A.
In case such owner or owners, tenant or tenants owning
or occupying any lands abutting or bordering upon any such sidewalk
shall neglect or refuse to repair or replace such sidewalks or portion
thereof within the time above limited, it shall be the duty of the
Construction Official or other Township agent or designee to repair,
replace or cause to be repaired or replaced such sidewalk or portion
thereof in front of or bordering on such land.
B.
The cost paid for and incurred by such Township official
for repairing or replacing or causing such repair or replacement of
any sidewalk or portion thereof, together with a copy of the notice
required to be given as aforesaid, with proof of service thereon,
shall be by him certified to the Township Council, which shall examine
such certificate and shall cause the costs as shown thereon to be
charged against the lands abutting or bordering such sidewalk; and
the amount so charged shall forthwith become a lien upon such lands
and shall be added to and become and form part of the taxes then next
to be assessed and levied upon such lands and shall be collected and
enforced according to law.
Any person violating any of the provisions of Article V of this Chapter 174 shall, upon conviction thereof, forfeit and pay a fine of not more than $200 or be imprisoned in the county jail for no more than 90 days, and the Magistrate before whom any such person may be brought may impose such punishment or fine or imprisonment in the county jail as he may see fit, not exceeding the maximum herein fixed, except that the Magistrate, in addition to imposing a fine as described above, may direct such person to make payment to the Township for any and all costs and expenses incurred by the Township as described in § 174-28 above.
