Township of Evesham, NJ Article I Maintenance of Sidewalk Area

§ 133-1 Removal of snow and ice required. [1]

The owner or tenant of lands abutting or bordering upon any sidewalks in Evesham Township is hereby required to remove all snow and ice from the traveled portion of said sidewalks within 12 hours of daylight after the same shall fall or be formed thereon.

[1] Editor's Note: See also Art. II, Snow and Ice Removal, for similar provisions.

§ 133-2 Placement of snow or ice on sidewalks and roadways prohibited.

It shall be unlawful for any person to remove snow or ice from any private property and place the same onto the sidewalk or roadway of any street in Evesham Township.

§ 133-3 Removal of grass and weeds upon notice; obstructions.

A. The owner or tenant of lands abutting or bordering upon sidewalks in Evesham Township is hereby required to remove offensive grass, weeds or any other form of vegetative obstruction which interferes with persons using said sidewalks or which encroaches upon said sidewalks, within three days after notice from the Township to remove same. All such impediments must be removed or trimmed up to a height of at least eight feet.

B. Whenever it shall be necessary and expedient for the preservation of the public health, safety and general welfare, or to eliminate a fire hazard, the owner or tenant of any lands abutting or bordering upon sidewalks dedicated to public use in Evesham Township shall be required, within 10 days after written notice from the Township, to remove for a distance of up to 200 feet from such sidewalk, as specified in said notice, brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris.

C. For any property abutting or bordering upon a sidewalk dedicated to public use in Evesham Township, it shall be a violation of this chapter if, after notice as required in § 133-3B, the grass or weeds growing within 10 feet of such sidewalk exceed six inches in height.

§ 133-4 Failure to comply; costs as lien.

In addition to the penalties herein provided, if the owner or tenant of any such premises shall neglect or refuse to comply with § 133-1 or 133-3 of this article, it shall be the duty of the Department of Public Works and Streets and Highways to forthwith remove such snow and ice or grass, weeds and impediments. The supervisor of said Department shall thereupon certify to the governing body the cost of such removal, which cost shall be charged against the land abutting or bordering upon such sidewalks, and the amount so charged shall forthwith become a lien upon such land, and shall be added to and become part of the taxes next to be assessed and levied upon such lands, and shall bear interest at the same rate as taxes, and shall be collected and enforced in the same manner as taxes.

§ 133-5 Responsibility of owner for maintenance.

A. The owner of any premises in Evesham Township abutting a sidewalk or curb shall, at his own cost and expense, keep and maintain such sidewalk or curb in good condition and state of repair and shall not permit the same to fall into a state of disrepair or to become unfit or unsafe to walk upon. In the event that any such sidewalk or curb, or any part thereof, becomes unsafe or hazardous to the public or unfit to walk upon, the abutting owner, at his own cost and expense, shall, with all expeditious speed, reconstruct or repair, as the facts may require, such sidewalk or curb or that part thereof which requires reconstruction or repair.

B. Initial curb installation is the responsibility of the abutting property owner. When curb or driveway apron replacement or repair is a necessary part of a road construction program authorized by ordinance, the Township shall assume the responsibilities for such replacement or repair of curb or driveway apron. The necessity for such replacement or repair shall be determined solely by the Township Manager or designee.

§ 133-6 Remedy upon failure to repair; costs as lien.

In the event that the abutting owner fails to reconstruct or repair his sidewalk or curb or such part thereof as may require reconstruction or repair, as provided in this article, Evesham Township may cause the said improvement or work to be made under the supervision of the Department of Public Works and/or the Township Engineer as directed by the Township Manager, or may award a contract therefor and assess the cost thereof upon the property of the abutting owner in accordance with the law in such case made and provided.

§ 133-7 Line and grade of sidewalk constructions and reconstructions.

All new sidewalks constructed by an abutting owner shall be constructed in accordance with the line and grade established by the Township Engineer. All old and existing sidewalks shall be reconstructed or repaired in accordance with the existing line and grade unless such line or grade is changed by the Township Engineer. It shall be the duty of the abutting owner in all instances to make inquiry of the Township Engineer respecting such line and grade.

§ 133-8 Compliance with specifications.

Every sidewalk constructed, reconstructed or repaired shall be in accordance with specifications approved by the Township Council.

§ 133-9 Violations and penalties.

Any person violating any provision of this article shall, upon conviction, be punishable as provided in Chapter 1, General Provisions, Article I, of this Code.