[Adopted 11-16-1964 by Ord. No. 452 as
Ch. 22, Art. I of the 1964 Code]
[Amended 7-13-1999 by Ord. No. 1073-99]
The width of all sidewalks shall be equal to
a minimum of 48 inches in width and shall be graded with a slope of
1/4 of an inch to the foot from the outside line of the street to
the curbline. Public walkways shall have a minimum easement of 10
feet.
Sidewalks shall be of concrete laid in accordance
with the best methods. Sidewalks shall be not less than four feet
in width.
[Added 7-13-1999 by Ord. No. 1073-99]
Before any work can be performed on a sidewalk, a permit shall be obtained for a fee in the amount set forth in Chapter A270, Fees, of the Borough Code.
All owners of any parcel of land fronting on
any improved street in the Borough shall keep the sidewalks in front
of such land in good repair; and if in any case, after 30 days' notice,
such repairs are not done by such owner, the Borough Council shall
have the same done and the expense thereof, with interest and costs,
shall be assessed as a tax on such lot and shall be a lien thereon
and be collected as other taxes are collected.
[Amended 7-13-1999 by Ord. No. 1073-99]
The notice referred to in the preceding section
may be served upon the owner resident in the Borough in person, or
by leaving the same at his usual place of residence with a member
of his family above the age of 14 years, in case any owner shall not
reside in the Borough. Such notice may be served upon him personally
or mailed to his last known post office address, or it may be served
upon the occupant of the property or upon the agent of the owner in
charge thereof. In case the owner of any such property is unknown
or service cannot for any reason be made as above-directed, notice
shall be published at least once, not less than 30 days before the
making of such improvement by the Borough, in a newspaper circulating
in the Borough. There may be inserted in the advertisement notice
to the owner of several different parcels of land. Notice to infant
owners of unsound mind shall be served upon their guardians. When
lands are held in trust, service shall be made upon the trustee. When
lands are held by two or more joint tenants, tenants in common or
tenants by the entirety, service upon one of such owners shall be
sufficient and shall be deemed and taken as notice to all. Proof of
service of such notices shall be filed within 10 days thereafter with
the Borough Clerk, but failure to file the same shall not invalidate
the proceedings if service has actually been made as herein provided.
[Amended 7-13-1999 by Ord. No. 1073-99]
All new curbs shall be Belgian block or concrete.
Curbs shall not be less than 16 inches in depth or five inches in
width.
[Added 8-13-1985 by Ord. No. 749-85;
amended 10-16-2018 by Ord. No.
1356-18]
The owner, occupant or tenant of the land or premises fronting or bordering upon any public street, avenue or roadway shall maintain all unpaved areas between sidewalks and curbs or between sidewalks and the adjacent paved edges of said streets, avenues or roadways where there are no curbs in an unpaved evenly graded condition with ground cover of green vegetation, such as grass, which shall be kept in a neat and orderly trimmed condition; or, in the alternative the aforesaid unpaved area may be paved with a brick sidewalk constructed on a concrete base, four inches thick, with a one-and-one-half-inch stone dust setting bed over which shall be laid a modular flashed range brick paver with the joints between pavers filled with a sand-cement dry mortar mix. As a second alternative, the aforesaid unpaved area may be paved with concrete laid in accordance with best methods as set forth in § 207-2 herein, excavated to a depth consistent with sidewalk construction, poured of a concrete material fully tinted to a red brick color, and imprinted with a three-dimensional pattern which resembles the standard size and shape of actual bricks.
[Amended 2-24-2004 by Ord. No. 1139-04; 5-6-2014 by Ord. No. 1290-14]
The owner of lands abutting the public streets of the Borough
shall remove or cause to be removed from abutting sidewalks of said
lands:
A.
If the land is used for commercial purposes, all snow and ice within
four hours after the same shall have accumulated thereon, or by 12:00
noon, whichever is later.
B.
If the land is used for residential purposes, all snow and ice within
18 hours after a fall of snow or after a freezing of water into ice
upon any sidewalk of whatsoever.
[Amended 12-30-2019 by Ord. No. 1378-19]
C.
Requirements for snow. Removal of any slush and/or loose, granular,
or packed snow should be conducted along the full paved width, or
a minimum of 48 inches wide, of such sidewalks and in a manner that
ensures the orderly flow and safety of pedestrian traffic upon such
sidewalks.
[Added 12-30-2019 by Ord. No. 1378-19]
D.
Requirements for ice. Removal of any ice should be conducted along
the full paved width, or a minimum of 48 inches wide, of such sidewalks
and in a manner that ensures the orderly flow and safety of pedestrian
traffic upon such sidewalks. In the event of ice that may be so frozen
as to make removal impracticable, any owner, lessee, tenant, occupant
or other person shall be deemed to be in compliance with this subsection
if such ice is made level and completely covered with sand, sawdust,
rock salt, or other appropriate traction-producing material to prevent
slipping and shall, as soon thereafter as the weather shall permit,
thoroughly clean such sidewalks.
[Added 12-30-2019 by Ord. No. 1378-19]
E.
Any property whose sidewalk leads to a crosswalk shall remove snow,
slush and/or ice so as to give clear path of access to the crosswalk.
[Added 12-30-2019 by Ord. No. 1378-19]
F.
Requirements for hydrants. The owner of any real property abutting
any fire hydrant should clear such fire hydrant of snow within 24
hours of snow coverage.
[Added 12-30-2019 by Ord. No. 1378-19]
[Amended 7-13-1999 by Ord. No. 1073-99; 5-6-2014 by Ord. No. 1290-14]
A.
No person owning property within the Borough shall allow any snow
or ice to be removed from any driveway owned by said person or from
any sidewalk abutting a public street and placed or deposited in any
public street or upon any public sidewalk within the Borough.
[Amended 5-6-2014 by Ord. No. 1290-14; 12-30-2019 by Ord. No. 1378-19]
In the event of the failure of the owner of lands to comply with the provisions of § 207-8, the Borough Code Enforcement Official shall have the power to order the removal of the accumulated snow or ice from the sidewalk(s) by the Caldwell Public Works Department, or an agent for the Borough, and, upon the removal of the accumulation, the owner of said lands shall be responsible for payment to the Borough of Caldwell for the cost of removal and for the fines and penalties as set forth in § 207-11.
[Added 7-13-1999 by Ord. No. 1073-99; amended 10-14-2008 by Ord. No. 1187-08; 5-6-2014 by Ord. No.
1290-14]
A.
A violation of any section within this Chapter 207 shall be punishable by a fine:
[Amended 12-30-2019 by Ord. No. 1378-19]
B.
Despite anything contained in Subsection A(1), (2) or (3) of this section to the contrary, in addition to the fine to be paid for violation of this chapter, the owner of land who fails to comply with the terms of this chapter thereby causing an agent of the Borough to clear the accumulation from the sidewalk abutting the owner's land shall pay to the Borough not less than the sum of $500 for each time that the Borough clears the sidewalk because of the owner's failure to clear the sidewalk in accordance with this chapter.
[Amended 12-30-2019 by Ord. No. 1378-19]
