[Adopted 4-12-1993]
Whenever the Construction Code Official of the
Borough of Allendale certifies to the municipal governing body that
any sidewalks and curbs are in need of construction, repair, alteration,
relaying or maintaining, the expense of said construction, repairing,
altering, relaying or maintaining shall be borne by the landowners
abutting the improvement.
The Borough Council, upon receipt of the certification set forth in § 233-22 hereof, shall determine the necessity of said improvement; and if it deems that said improvement is necessary, it shall, by resolution, cause a notice in writing to be served upon said abutting owners or occupants of said lands, requiring the necessary specified work to said curb and/or sidewalk to be done by said owner or occupant within a period of not less than 30 days nor more than 90 days from the date of service of such notice.
Whenever any said abutting lands are unoccupied
and the owner cannot be found within the municipality, the same may
be mailed, postage prepaid, to his or her post office address, if
the same can be ascertained. In the event that such owner is a nonresident
of the municipality or his or her post office address cannot be ascertained,
then the notice may be inserted for four weeks, once a week, in some
newspaper published in the state and circulating in said municipality.
In the event that the owner or occupant of such
abutting lands shall not comply with the requirements of said notice,
it shall be lawful for the Borough Administrator of the municipality,
upon filing due proof of the service or publication of the aforesaid
notice in the appropriate department of the municipality, to cause
the work required to be done and paid for out of municipal funds available
for that purpose. The cost of such work shall be certified by the
Borough Engineer to the department or person having charge of the
collection of assessments in such municipality. Upon filing said certificate
of costs, the amount of the cost of such work shall be and become
a lien upon said abutting lands in front of which such work was done,
to the same extent that assessments for local improvements are liens
in the municipality, and shall be collected in the manner provided
by law for the collection of such other assessments and shall bear
interest at the same rate. In addition thereto, the municipality may
commence, in any court having competent jurisdiction thereof, an action
against the owner of said lands to recover said amount.
Sidewalk construction, repair, alteration, relaying or maintaining shall be in conformance with the requirements of Article I, Sidewalk Construction, of this article and subject to supervision and approval of the Borough Engineer.
