[Adopted 3-4-1985 by Ord. No. 2-1985]
The following words whenever used in this article
shall for the purpose of this article have the following meanings:
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.
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.
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.
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.
A.
Every owner of land in the Township of Harrison shall
before commencing or causing any repairs costing in excess of $250
to any sidewalk, driveway apron or curb over or along his or their
land shall make a written application to and obtain from the Township
Construction Official a permit to make such repairs; and every owner
of land and every other person or entity who shall construct or cause
construction of any new sidewalks, driveway aprons or curbs in the
Township shall before commencing construction make written application
to and obtain from the Township Construction Official a permit to
engage in such new construction. In either case, the application for
a permit shall be accompanied by the fee hereinafter provided for
and shall set forth and include the following:
B.
A fee of $5 plus 1/10 of 1% of the estimated cost
of the repairs or new construction shall be charged for each permit
issued and shall be paid at the time of making application for the
permit.
C.
Notwithstanding anything in this § 189-12 hereinbefore contained, no person who is required by state law or county resolution to obtain a state or county permit for the repair to or new construction of any sidewalk, driveway apron or curb along any state or county highway or road shall be required to apply for or obtain a permit or pay a permit fee to the Township Construction Official.
A.
Whenever an owner who has been requested by the Township
Committee to repair a sidewalk, driveway apron or curb shall fail
to complete said repairs or reconstruction within 31 days from the
date he is requested to do so, the Township Committee may adopt a
resolution to direct the Township Engineer to inspect and prepare
specifications for the repairs to be made thereto and to direct the
Township Clerk to serve a written notice in the manner hereinafter
set forth upon the owner ordering such owner to make such repairs
to such portion of the sidewalk, driveway apron or curb at his or
their own cost and expense in accordance with the specification prepared
by the Township Engineer within 30 days' time after service of said
notice; and notice shall set forth and include the following:
(1)
The location at which the repairs are to be made.
(2)
Specifications for repair prepared by the Township
Engineer.
(3)
A statement that the entire cost of the repairs is
to be paid by the owner.
(4)
A statement informing the owner that he or they shall
have the right at any time within 10 days after service of such notice
to make application for a hearing before the Township Committee contesting
the need for such repairs or requesting an extension of time in which
to make such repairs.
(5)
A statement informing the owner that on his or their
failure to complete such repairs within 30 days from the service of
said notice the Township will, unless the owner successfully contests
the need for such repairs or is granted an extension of time to make
such repairs, cause the repairs to be made at the expense of the owner;
all as provided for by N.J.S.A. 40:65-1 et seq.
B.
Said notice shall be served and proof of service thereof
shall be made in accordance with the requirements of N.J.S.A. 40:65-3
et seq., as amended and supplemented.
A.
In the event the owner shall refuse or fail to make
such repairs as are ordered by the Township Committee in accordance
with the specifications set forth in said notice within 30 days after
service of said notice, or within such further time as may be permitted
by the Township Committee, the Township Committee may make the repairs
or contract with others to make the repairs in accordance with the
specifications prepared by the Township Engineer.
B.
The Township Engineer shall keep an accurate account
of the cost of the repair work and file a report as to the cost of
the work, which shall be verified by affidavit of the Engineer, with
the Municipal Clerk. The Municipal Clerk shall submit said report
to the Township Committee at its next regular meeting. The Township
Committee shall then give notice to the owner of the time and place
that it will examine said report and that the owner may appear at
the time and place of examination and be heard on any objections he
may care to make thereto. Said notice shall be served and proof of
service thereof shall be made in accordance with the requirements
of N.J.S.A. 40:65-8.
C.
The Township Committee shall examine said report and
hear any objections thereto and if satisfied that said report is correctly
and properly made shall approve and confirm said report and file same
with the Township Tax Collector.
D.
The Township Tax Collector shall then record the amount
of such cost as a sidewalk, driveway apron or curb assessment in the
book in which other assessments made by the Township of Harrison are
recorded. Said assessment shall bear interest from the date of confirmation
at the rate specified for local improvements in the Township, but
if no such rate is specified, then at the rate for delinquent real
estate taxes and shall be a lien upon the land of the owner or owners
for the cost of the repairs contained in the Engineer's report or
as modified by the Township Committee.
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.
