[Adopted by Ord. No. O-86-26 (§ 3-15
of the 1974 Code)]
A.
The owner of any premises in the Township of Howell
abutting a sidewalk or curb shall, at his 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 his 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.
B.
The provisions of this section shall not apply to
the maintenance, reconstruction or repair of curbs, drainage basins
or similar facilities abutting the sidewalk. The provisions of this
section 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 Township, with the exception that if
the owner damaged the sidewalk, then the owner shall be responsible
for any and all repairs to the sidewalk.
[Amended 10-4-2011 by Ord. No. O-11-31]
[Amended 10-4-2011 by Ord. No. O-11-31]
Where, in the opinion of the Township Engineer,
or the Township of Howell Code Enforcement Officer, or the Public
Works Director, or their respective representatives, a sidewalk is
in an unsafe or hazardous condition, they shall serve a notice in
writing by certified mail, return receipt requested, upon the abutting
premises owner, requiring the necessary specified work to said sidewalk
to be done by said owner within a period no less than 30 days from
the date of service of said notice.
[Amended 10-4-2011 by Ord. No. O-11-31]
In the case where the owner of such abutting
premises or contiguous lands shall not comply with the notice requirements,
or whenever there exists contiguous or abutting land to a sidewalk
that is unoccupied and the owner cannot be found, it shall be lawful
for the Director of Public Works, or his representative, upon filing
due proof of service or publication of the aforesaid notice with the
Township Clerk, to cause the required work to be done and paid for
out of Township funds available for that purpose. The cost of such
work shall be certified by the Director of Public Works to the Township
Engineer who shall verify the same and in turn certify the work to
the Township Tax Assessor. Upon filing of the Township Engineer's
certification with the Tax Assessor, the amount of the cost of such
work shall be and become a lien upon said abutting premises or lands
in front of which such work was done.
The Township Council may each year include in
its annual budget an appropriation for sidewalk repairs, in addition
to any existing maintenance fund, out of which it may appropriate
the cost of reconstruction or repair of sidewalks required during
the year pursuant to this article, which may be charged when it becomes
necessary for the Director of Public Works, or his representative,
to authorize the making of such repairs or reconstruction.
Any person violating the terms of this article
or refusing or neglecting to comply with any of the provisions hereof,
upon conviction thereof, shall be subject to a fine of not more than
$500 or imprisonment for a period not to exceed 90 days, or both,
in the discretion of the court. Each day that such person continues
to fail to comply with any notice provided under this article beyond
the maximum date for such compliance shall constitute a separate and
distinct offense subject to any and all the penalties described in
this section.
