[Adopted 11-14-1974 as Ch. 69, Art. II, of the
1974 Code]
[Amended 5-23-1985 by Ord. No. 12-1985]
A.Â
The sidewalks, curbs and gutters of all highways, streets
and alleys in Egg Harbor City shall be graded, paved, constructed and repaired
and shall be made to conform to the requirements of the ordinances of Egg
Harbor City and with this article by the owners of lots fronting or adjoining
upon such highways, streets or alleys.
B.Â
The Common Council of Egg Harbor City is hereinafter
authorized to waive and/or modify the requirements of the installation of
curbs and sidewalks when sufficient information is presented to provide just
cause why the requirement of installation is a hardship.
In case of neglect or refusal by the owners of lots to grade, pave,
construct or repair their respective sidewalks, curbs or gutters within the
time set for the work to be done, the Common Council of Egg Harbor City shall
cause the same to be graded, paved, constructed or repaired to conform to
this article according to the provisions hereof.
The Common Council shall cause to be made specifications in detail for
the class of work to be done and the material to be used whenever it shall
decide that certain sidewalks, curbs or gutters shall be graded, paved or
constructed, and no work shall hereafter be done according to this article
unless specifications in detail for the amount and nature of work to be done,
the materials to be used and the localities wherein such work shall be constructed
are first introduced and adopted by resolution of said Common Council.
After the adoption of the specifications and the resolutions above-mentioned,
it shall be the duty of the Common Council to advertise for bids for the furnishing
of materials and the work of grading, paving, curbing or repairing the sidewalks,
curbs or gutters in localities previously determined and specified, in two
newspapers printed and circulated in Atlantic County, according to law, and
the bids, when awarded, shall be given to the lowest responsible bidder.
In case of neglect or refusal of any owner or trustee of any lot fronting
or adjoining on any sidewalks to grade, pave, curb or repair the same or construct
gutters thereat according to resolution as above-mentioned, within 30 days
thereof, Common Council shall cause notices to be sent to each owner or trustee
of such lot or lots, requiring such owner or trustee to grade, pave, curb
or repair such sidewalk, curb or gutter to conform to the provisions of this
article, within 30 days from the date of such notice, specifying therein that,
in default thereof, Common Council will cause such sidewalk, curb or gutter
to be graded, paved or repaired forthwith, and shall, at the expiration of
said 30 days, authorize the City Clerk to prepare an order upon the contractor
(the person who had been the lowest responsible bidder) to do the work according
to the specifications, and such contractor shall, in his/her discretion, use
such old materials found upon the sidewalk as he/she may deem to be suitable
and in conformity with this article and other ordinances of Egg Harbor City;
such order shall be authorized by resolution of Common Council and shall be
made in triplicate; one copy shall be filed with the City Treasurer, one copy
shall be filed with the City Clerk and the third copy shall be the warrant
for the contractor to do the work.
A.Â
The costs of the grading, paving or repairing of the
sidewalks, curbs and gutters as herein provided shall be paid out of the appropriations
for such purposes or from temporary loans or from the proceeds of bonds issued
to provide funds for such construction and repair in the first instance.
B.Â
All assessments for grading, paving or repairing of the
sidewalks, curbs or gutters according to the requirements of this article
shall be certified to Common Council in detail and shall be paid upon resolution;
all certifications and resolutions for payment of the work shall be handed
to the Treasurer of Egg Harbor City, to be entered in a book kept for the
purpose, and shall be and remain a first lien on properties upon which they
are laid until paid and shall bear interest at the rate of 6% per annum after
60 days from the date of certification. The Tax Collector shall give notice
of the amount due, as in the case of taxes and other assessments, to the owner
or owners of the respective properties, and said properties shall be subject
to the tax lien and liable to be sold for nonpayment of taxes as in other
cases.
All payments made by the owners in lieu of the tax lien as above-mentioned
shall be credited to the account kept by the Treasurer for the purpose and
be appropriated for the payment of a temporary loan or of the bonds issued
to defray the first cost of the work.
