The following words whenever used in this article
shall for the purpose of this article have the following meanings:
CURB
A raised margin or border constructed of brick, concrete,
stone or other type of masonry construction or analogous materials
along the edge or side line of a public street or highway separating
the public street or highway from abutting land.
DRIVEWAY APRON
A driveway area constructed of brick, concrete, stone or
other type of masonry construction or analogous materials designed
to be used by vehicles or by handicapped persons in wheelchairs leading
from the curb or side line of a public street or highway up to or
crossing over a sidewalk for access to the sidewalk or to adjacent
land on the opposite side of the sidewalk.
OWNER
Any person, corporation, partnership, organization or association
of persons owning land situate in the Township of Harrison and fronting
on or adjacent to a public street or highway over or along which a
sidewalk, driveway apron, or curb is now constructed or may hereafter
be constructed.
SIDEWALK
A strip of land intended as a public walkway for use of pedestrians
having a paved surface constructed of brick, concrete, stone or other
type of masonry construction or analogous material along a public
street or highway, whether constructed on publicly owned land or privately
owned land adjacent to the public street or highway.
It shall be the duty of every owner of land
fronting on or adjacent to a public street or highway in the Township
of Harrison to maintain and repair at his or their own cost and expense
the sidewalks, driveway aprons and curbs over or along his or their
land in such manner and to such extent as to keep the same in a reasonably
good and safe condition for use by the residents of the Township and
the general public.
Whenever an owner of any land situate in the
Township of Harrison over or along which a sidewalk, driveway apron
or curb is constructed shall fail to make repairs and maintain such
sidewalk, driveway apron or curb in a good and safe condition for
use by residents of the Township and the general public, the Township
Committee may on its own motion or on complaint by the Township Construction
Official determine that all or any portion of such sidewalk, driveway
apron or curb is in such poor condition or state of repair as to constitute
a hazard to the safety and welfare of the residents of the Township
or the general public and may request the owner by certified mail
directed to the owner's last known address to make such repairs as
are necessary to restore such sidewalk, driveway apron or curb to
a good and safe condition.
The cost of any repairs which became a lien
as hereinbefore set forth may be collected in the manner provided
by law for the collection of other municipal assessments or liens,
and the Township may also at its option maintain an action against
the owner to recover the amount of such cost in any court of competent
jurisdiction.
All repairs made by an owner to an existing
sidewalk, driveway apron or curb shall be made in a good and workmanlike
manner with a generally used mix of good materials and shall conform
as much as practicable with the existing line, grade and width of
the sidewalk, driveway apron or curb repaired, and all repairs for
which specifications are made by the Township Engineer shall be in
accordance with the specifications prepared by the Township Engineer.
All extensions and new construction of sidewalks,
driveway aprons and curbs shall be made in a good and workmanlike
manner on a line, grade and width to be determined by the Township
Engineer and in accordance with specifications prepared by the Township
Engineer.
[Amended 12-6-2004 by Ord. No. 40-2004]
Any owner who shall refuse or neglect to repair
any sidewalk, driveway apron or curb in accordance with an order of
the Township Committee after service of notice of said order as aforesaid
within 30 days after service of such notice, or such further time
as may be granted by the Township Committee, shall be deemed to have
violated this article and shall, upon conviction, be subject to a
fine not exceeding $1,250, imprisonment for a term not exceeding 90
days or a period of community service not exceeding 90 days.
Each day's persistence in a violation of this article shall be and constitute a separate and distinct violation of this article and shall be subject to the same penalty as set forth above in §
189-19 of this article.