[Adopted 12-20-1960]
[Amended 6-4-1963]
The owner or owners of lands fronting or abutting upon any public
street in the Borough of Washington, subject to notice as hereinafter
provided, are hereby directed to construct, pave, repave, curb, recurb,
improve and repair, at his, her, their or its own proper costs and
expense, the sidewalks on both sides of all the public streets in
the Borough of Washington, in the following manner:
A.
All sidewalks shall be constructed, laid and maintained at a width
of four feet except in the Business District, where the said walks
shall be from the front wall of the building to the curb of the street.
B.
All sidewalks in residential districts shall be at least four inches
thick while those in the Business District shall be at least five
inches thick, and any and all sidewalks laid over driveways in the
residential districts shall be at least five inches thick while those
in the Business District shall be six inches thick.
C.
All sidewalks shall be according to the mixture and method of laying
the same at the various times of the year, and the same shall be finished
in accordance with the specifications on file with the Borough Clerk.
D.
All sidewalks shall be laid in accordance with the plans of the Borough
Engineer.
E.
All sidewalks shall be curbed or recurbed with curbs of concrete
20 inches deep, which shall be six inches wide at the top and eight
inches wide at the base, and all curbs shall be composed and formed
in accordance with the specifications on file with the Borough Clerk.
F.
No person or persons or corporations shall permit any discharge of
roof or surface water on the surface of the sidewalks in the Borough
of Washington, but such water shall be piped underneath the same,
and in the construction of said sidewalks plans shall be made therefor.
All improvements herein provided for, as nearly as practicable,
shall conform to the grade and lines established by this Borough and
approved by the Borough Engineer, and all work performed shall be
done in a good and workmanlike manner to the standards prescribed
herein and to the reasonable satisfaction of the Borough Street Supervisor
or Borough Engineer.
Where the construction or repair work herein provided for is
performed by the Borough, it shall be done under the supervision of
the Borough Engineer or Street Supervisor, and all materials used
for said improvements where the work is done by the Borough shall
be inspected and approved by such Supervisor.
A.
Before undertaking any such improvements or repairs or awarding any
contract therefor, the Borough Council shall cause a notice of the
proposed improvement to be given to the owner or owners of the real
estate thereby affected. Such notice shall contain a description of
the property sufficient to identify it, a description of the improvement
to be made and a statement that unless the owner or owners complete
the same within 30 days after service of such notice, the Borough
will make the improvement or cause the same to be made at the expense
of the owner or owners affected.
B.
The notice shall be served in accordance with the provisions of N.J.S.A.
40:65-3, and where such service is impossible, such notice shall be
published in the manner prescribed by N.J.S.A. 40:65-4.
C.
Proof by affidavit of service of such notice shall be filed within
10 days thereafter with the Borough Collector-Treasurer, but failure
to file such proof shall not invalidate the proceedings if service
has been effected as hereinbefore provided.
If the owner or owners of any real estate affected by such improvement,
after the passage of this article and notice given as provided herein,
shall fail to make such improvements or repairs as required by this
article, the Borough Council may cause the improvements or repairs
to be made under the supervision of the Borough Engineer or Street
Supervisor or may award a contract or contracts therefor.
A.
The officer of the Borough of Washington in charge of such improvement
or repair shall keep an accurate account of the cost thereof, including
the cost of grading to make the improvement conform to the established
grade, and shall assess such cost upon the several properties fronting
on the improvement in proportion to their respective frontage along
the streets wherein such sidewalks and curbs are laid, and file a
report thereof under oath with the Borough Clerk.
B.
The Borough Council shall examine such report and, if properly made,
confirm and file it with the Borough Collector of Taxes, who shall
record such sidewalk assessment in the book in which other assessments
of the Borough of Washington are recorded. Before confirming the report,
the Borough Council shall give notice to the owner or owners named
therein of the time and place fixed for examination of the report.
C.
The notice of such examination of the report shall be served in the
same manner as required for the service of notice before consideration
by a governing body of a municipality for the benefits for local improvements,
but failure to give any such notice shall not invalidate the proceedings.
Nothing herein shall be construed to affect any existing sidewalk
or curb now in good repair and constructed at the grade and slope
established by the Borough Council of the Borough of Washington, except
as to repairs thereto which shall be made as they may become necessary
from time to time.
[Added 1-8-1974 by Ord. No. 34-73]
Any person who violates any of the provisions of this article
shall, upon conviction thereof, be punishable by a fine of not more
than $500 or by imprisonment in the county jail for a period of not
more than 90 days, or by both such fine and imprisonment.
