Township of Clark, NJ
Union County
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Table of Contents
Table of Contents
The construction and reconstruction, paving and repaving, curbing and recurbing, repairing, altering or improving and the maintaining of the sidewalks of public streets and highways of the Township shall be as prescribed by this chapter.
It shall hereafter be the duty of any property owner to construct, repair, alter or re-lay any curbing or sidewalk pavement in the sidewalk abutting such owner's land, pursuant to the provisions of this chapter.
The Engineer, or his/her designee, whenever any sidewalk pavement or curb in the Township shall be loose, broken, removed or otherwise out of repair, or shall not conform to the provisions of this chapter, may require the owner of the abutting premises to repair same, by serving upon such owner a written notice to repair.
The written notice shall contain a description of the property affected, as well as a description of the required repair or improvements. Such notice shall also state the time within which such repairs or improvements shall be required to be completed, but shall not be less than 30 days after the date of notification. It shall also be stated in the notice that should such repairs or improvements not be completed within the allotted time period, it is the intention of the Township to make such repairs or improvements or cause the same to be made. For failure to complete repairs, see § 310-9C.
Failure of owner to repair; repair by Township. If the property owner receiving notice shall not comply with the requirements of such notice, the Engineer, upon filing due proof of service in the office of the Township Clerk, shall cause the required work to be done.
Lien. The cost of such work shall be certified by the Engineer to the Township Council, who shall examine same and, if found correct, shall cause such cost to become a lien upon the abutting lands in front of which such work was done, to the same extent that assessments for local improvements become liens, and such cost shall be collected in the manner provided by law for the collection of such other assessments and shall bear interest at the same rate.
Lien to be noted on lien searches. In all searches against any lands affected by any such improvement, it shall be the duty of the Township official making such search to set out the amount due and unpaid for such repairs or improvements, if such amount appears on record. If the amount of such cost shall not yet have been reported as herein provided for, it shall be the duty of such officer to set forth on the search, in brief, a reference to repairs or improvements and the fact that notice was given to the owner to repair.
Additional liability of owner. In addition thereto, the Township may have an action to recover such amount against the owner of such lands in any court having competent jurisdiction thereof, and a certified copy of the certificate of lien shall, in such action, be prima facie evidence of the existence of the debt due from such owner to the Township.
The unpaved portion of the right-of-way shall be neatly and sufficiently covered and maintained with gravel, broken stones, grass or sodding by the owner of the abutting lands. Between the curb and paved sidewalk, the unpaved portion of the sidewalk shall be graded to afford a substantially continuous surface with the curb and sidewalk.