[Amended 9-18-2024 by Ord. No. 57-2024]
The owner or tenant of lands that abut a Sidewalk Area of a public street shall keep the Sidewalk Area clear of vegetation that may cause obstructions to pedestrian foot-traffic. Existing vegetation may remain within Sidewalk Area where no sidewalk exists, so long as, the vegetation is at a height not less than 8 feet as measured from the surface of the Sidewalk Area. The owner or tenant shall clear such vegetation within three days after notice has been received or be subject to the penalty provisions contained in § 180-25.
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.