[Adopted 6-10-1965 by Ord. No. 276]
All sidewalks and curbs on any and all streets, roads and public
places in the Borough of Riverton shall be repaired and kept in repair
at the cost and expense of the owner or owners of the lands in front
of which such sidewalks and curbs are constructed.
[Amended 12-14-2005 by Ord. No. 15-2005]
Whenever in the judgment of the Council or its designee, any
sidewalk and curb or sidewalks and curbs shall be in need of repair,
the Council shall fix a time and place to receive and consider objections
to the repairing of such sidewalk and curb or sidewalks and curbs
and shall cause the Clerk to give notice to the owner or owners of
the lands in front of which such sidewalk and curb or sidewalks curb
are constructed, at least 10 days before the date set for said meeting,
that, in the judgment of the Council, such sidewalk and curb or sidewalks
and curbs are in need of repair and stating the time when and the
place where the Council will meet to receive and consider objections
to the repairing of said sidewalks and curbs. Said notice shall be
in writing, and shall be sent to such owner or owners by mail, if
their post office address is known; if not known, then posting such
notice on the premises affected thereby, or leaving the same with
any occupant thereof, or by personal service if said owner be resident
within the Borough. At such meeting or any subsequent meeting, the
Council may, by resolution, provide for the repair of any such sidewalk
and curb or sidewalks and curbs at the cost and expense of the owner
or owners of the lands in front of which such sidewalk and curb or
sidewalks and curbs are constructed, stating the nature, kind and
extent of the work required to be done, and written notice of the
required work shall be sent to such owner or owners by mail, if their
post office address is known, if not known, then posting such notice
on the premises affected thereby, or leaving the same with any occupant
thereof, or by personal service if said owner be resident within the
Borough.
Whenever the Borough Council determines that such sidewalk and
curb work is necessary, it shall cause notice thereof, duly signed
by the Borough Engineer, to be served upon such owner, directing him
to do the work within 30 days after service of the 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 case made and provided. The notice shall give opportunity
to such owner to be heard and to offer satisfactory reason 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.
40:65-3 in such case made.
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 Borough Council may have the work done at the
cost and expense of said owner. The Borough Engineer shall keep an
accurate account of the cost thereof. If such cost or any part thereof
is to be assessed upon the several properties fronting on the improvement,
he shall assess such cost on the several properties fronting on the
improvement in proportion to their respective frontage thereon, and
file a report thereof under oath with the Borough Clerk. The Borough
Council, after notice to the owner or owners, shall confirm said report
and file it with the Tax Collector. Such sidewalk and curb assessments
shall bear interest from the time of confirmation and shall be a lien
on the real estate assessed.
