[Adopted 5-17-1971 by Ord. No. 71-15]
In and on any public street, highway, avenue or alley in the Borough of Clementon, the grade of which has been lawfully established or which hereafter may be established, sidewalks and curbs shall be set or reset, laid or relaid, altered, repaired, constructed and maintained at the expense of the abutting property owner, as provided by law.
All sidewalks and curbs hereafter set, reset, laid, relaid, altered, repaired or constructed shall be done in compliance with the regulations of the Road Committee of the Borough of Clementon, and under the supervision of such officer or employee as the Chairman of that Committee may designate.
Whenever any sidewalk and/or curb is required to be set, reset, laid, relaid, repaired or constructed in the Borough of Clementon, application by the owner of the abutting lands or his contractor for a permit shall first be made to the Road Committee specifying grade, dimensions, mix materials, and the method of construction or repair to be used. The Chairman of the Road Committee, or such officer or agent as he shall designate, shall examine said specifications and register his approval or disapproval thereof; upon approval thereof, a permit shall be issued to the applicant for such construction and/or repairs.
The owners of lots, tracts and parcels of land fronting or abutting on any public street, highway, avenue or alley in the Borough of Clementon shall at his, her or their own cost and expense set, reset, lay, relay, alter, repair, construct and maintain sidewalks and curbs in front of and adjoining the same when notified so to do by the Chairman of the Road Committee, pursuant to a resolution adopted by the Mayor and Borough Council of the Borough of Clementon.
Whenever the Mayor and Borough Council of the Borough of Clementon shall deem necessary the construction, repair, alteration or relaying of any sidewalk or curb in the Borough of Clementon, it shall, by resolution, specify the improvements to be made. Upon the adoption of such resolution by the Mayor and Borough Council, a notice, in writing, shall be served upon the owners or occupiers of the lands so designated, requiring the necessary specified work to said sidewalk and/or curb to be done by the owners or occupiers within a period of not less than 30 nor more than 90 days from the date of service of such notice.
Service of such notice upon owners or occupiers of said lands shall be made as follows:
A. 
If residents in the Borough of Clementon, either personally or by leaving the same at their usual place of residence with a member of the family above the age of 14 years, or by leaving the same at their usual place of business with a member of their business staff above the age of 14 years.
B. 
If such lands are occupied, a copy of such notice shall be attached to the improvements thereon in a conspicuous place.
C. 
If such lands are unoccupied, and the owners are not residents of the Borough of Clementon, said notice shall be mailed, postage prepaid, to his, her or their last known post office address.
D. 
If the owners are nonresidents of the Borough of Clementon, and his, her or their post office address cannot be ascertained with reasonable certainty, then said notice shall be published in a newspaper circulating in the Borough of Clementon at least twice and not less than 40 days before the improvements and/or repairs are made by the Borough.
E. 
Each such notice shall contain a description of the property affected thereby sufficiently definite to identify the same; the plate, block and lot by which said property is designated on the Official Tax Map of the Borough of Clementon; the name or names of the owner and/or owners as recorded in the tax records of the Borough, and a brief description of the required improvements and/or repairs.
Proof of service of any such notice shall be filed within 10 days thereafter with the Borough Clerk of the Borough of Clementon and with the Collector of Taxes of the Borough.
[Amended 8-16-1971 by Ord. No. 71-18]
If the owners or occupants of such lands shall not comply with the requirements of such notice, it shall be lawful for the Chairman of the Road Committee to cause the required work to be done by direction of himself and under his jurisdiction; upon its completion the cost thereof shall be certified by him under oath to the Borough Clerk. The Borough Clerk shall submit the same to the Mayor and Borough Council at its next regular meeting; said Mayor and Borough Council shall examine such report and the proof of service of the notice requiring said work to be done; if satisfied of the correctness thereof, said Mayor and Borough Council shall approve and confirm such report and direct that it be filed with the Borough Clerk and the Collector of Taxes of the Borough, who shall record the amount of such costs as a sidewalk and/or curb assessment in the book in which other assessments of the Borough of Clementon are recorded. Said costs shall thereupon be and become a lien upon the abutting lands adjacent to which said work was done to the extent that assessments for such improvements are liens and shall bear interest from the date of such certification and confirmation at the same rate which other unpaid liens held by the Borough of Clementon bear. All owners or occupants of said lands who are senior citizens and who have qualified for the flat water rate, in accordance with the regulations regarding said flat water rate, shall be exempt from paying for the costs of sidewalk and/or curb assessment.
The costs of any such improvements, if they become a lien, as set forth herein, shall be collected in the manner provided by law for the collection of other assessments or liens; in addition thereto the Borough of Clementon, at its option, may maintain an action to recover the amount thereof against the owner of said lands in any court of competent jurisdiction.
The Mayor and Borough Council may each year include in its annual budget or tax ordinance an appropriation for sidewalk and/or curb repairs in addition to any existing maintenance fund out of which appropriation all costs of construction and/or repairs of sidewalks and curbs during the year may be charged when it becomes necessary for the Chairman of the Road Committee to make such repairs and/or construction pursuant hereto. All moneys recovered or paid to the Borough under the provisions of this article (other than penalties as hereinafter set forth) shall be credited to the account out of which such work was paid.
The failure of any applicant, owner, his contractor, servant or agent to construct or repair such sidewalk and/or curb in accordance with the specifications filed by him for the purpose of securing a permit under the terms of this article shall be and constitute a violation hereof.
[1]
Editor's Note: Former § 245-25, Violations and penalties, was amended and redesignated as § 245-29, 11-25-2003 by Ord. No. 2003-17.
Each day's persistence in the things or acts prohibited by this article shall be and constitute a separate and distinct offense, subject to any and all of the penalties prescribed in this article.