As used in this article, the following terms shall have the
meanings indicated:
Includes the area extending from the inside of the curb,
and does not include the curb, to the property line in front of which
said sidewalk is located. Such "sidewalks" or "sidewalk areas" shall
be kept in good repair by the owner or owners of the property in front
of which said "sidewalk areas" are located.
A.
In accordance with the notice procedures provided in this article,
any sidewalk or sidewalk area on a public street which is out of line
or grade, broken or out of repair or is otherwise in need of construction
or repair shall be relaid to line or grade, or the broken portions
thereof shall be repaired or reconstructed by the owner or owners
of the land or building in front of which any such improvement, reconstruction
or repair is to be made, unless said sidewalk or sidewalk area on
a public street which is out of line or grade, broken or otherwise
in need of repair is due to the growth of trees or their roots or
shrubs or their roots which are owned or were planted or cause to
be planted by the Township. This article shall not apply to any sidewalk
during the period it is covered by a performance bond or maintenance
bond nor to any sidewalk which was installed incorrectly by a developer
or contractor over which the Township has or had control.
B.
Notwithstanding the exclusion contained in the definition of "street or road" in § 180-1 of this chapter, the owner of the land adjacent to the sidewalk shall be responsible for the repair or reconstruction of said sidewalk regardless of whether the public street is under the jurisdiction of the Township of Wayne or the County of Passaic.
[Ord. No. 53-2014]
A.
Whenever the Township Engineer determines that such sidewalk work
is necessary, he/she shall cause notice thereof, to be served upon
such owner, directing him/her to do the work within 30 days after
service of said notice. The notice shall specify in sufficient detail
the character of the improvement, reconstruction or repair to be made,
shall set forth a description of the property affected, sufficiently
definite to identify the same, and shall otherwise comply with the
requirements of N.J.S.A. 40:65-1 et seq. for such cases made and provided.
The notice shall give opportunity to such owner or owners to be heard
and to offer satisfactory reasons to the Township Engineer why such
work should not be done. Service of the notice and proof of service
thereof shall be made in accordance with the requirements of N.J.S.A.
40:65-1 et seq.
B.
If, in the absence of any good and sufficient reason why such work
should not be done, said owner fails to make such improvement, reconstruction
or repair within 30 days after service of the notice aforesaid, then
the Township Engineer may have the work done at the cost and expense
of said owner or owners and he/she shall keep an accurate account
of the cost thereof. The costs shall be certified by the Township
Engineer or the Director of Public Works and the Legal Department
shall have a lien placed on the property.
C.
When a complaint has been filed by the owner of the property that
his/her sidewalk or sidewalk area on a public street has been damaged
by trees or shrubs or their roots, which are owned or were planted
or caused to be planted by the Township, the Township Engineer or
designee shall inspect said sidewalk or sidewalk area to determine
the validity of said complaint. If it is determined that the complaint
is valid, the Township shall make the necessary repairs contingent
on availability of funds.
