No person shall negligently or willfully break, damage, injure or destroy any curb or sidewalk within the Borough.
A. 
Sidewalks adjacent to or abutting residential properties within the Borough shall conform to the specifications in Residential Site Improvement Standards (N.J.A.C. 5:21-4.19).
B. 
Sidewalks adjacent to or abutting commercial properties shall be constructed, maintained and repaired in a manner which meets the requirements of Section 607 of the NJDOT Standard Specifications, and the concrete shall be Class B air-entranced and shall conform to the requirements of Section 914 of the NJDOT Standard Specifications, unless otherwise directed by the Borough Engineer.
C. 
Main Street commercial streetscape sidewalks shall continue to be constructed, maintained or repaired in conformity with the Borough's streetscape standard as adopted by the Borough Engineer.
Upon completion of sidewalk construction, repair or maintenance, all equipment, unused materials and refuse shall be removed from the site of the work, and all public and private properties damaged or disturbed during the course of construction shall be replaced or repaired. The site shall be put as nearly as possible into conditions corresponding to that which existed prior to construction, all to the satisfaction of the Borough Engineer or his authorized representative.
A. 
Except as set forth in § 221-23B herein, the Borough of Chatham shall be responsible for the construction, reconstruction and proper maintenance and repair for sidewalks adjacent to or abutting residential properties in the Borough and the Main Street commercial streetscape sidewalks.
B. 
The owner of property adjacent to or abutting a sidewalk within the Borough shall be responsible for the construction, reconstruction and proper maintenance and repair for sidewalks to the appropriate minimum standards set forth in § 221-21 in connection with:
(1) 
The repair or replacement of sidewalks damaged or removed by a property owner, tenant, occupant or contractor during work done at his/her property;
(2) 
The repair or replacement of sidewalks damaged by privately owned tree roots or landscaping;
(3) 
The repair or replacement of sidewalks damaged by heavy vehicle traffic to and from said property;
(4) 
The repair or replacement of sidewalks damaged by drainage from private property;
(5) 
The construction of new sidewalks by the abutting or adjoining property owner on his/her own initiative where a sidewalk does not currently exist; and
(6) 
The construction, reconstruction, replacement or repair of sidewalks where the construction of a new one- or two-family dwelling is proposed on the abutting or adjacent property; and
(7) 
The construction, reconstruction, replacement or repair of a driveway or driveway apron to the abutting or adjoining property.
C. 
Where an abutting or adjacent property owner is required to construct, reconstruct, maintain or repair any Main Street commercial streetscape sidewalk pursuant to § 221-23B, the Borough shall perform the construction, reconstruction, maintenance or repair of the Main Street commercial streetscape sidewalk, and the abutting or adjacent property owner shall reimburse the Borough for all costs of such construction, reconstruction, maintenance or repair.
D. 
It shall be the duty of any owner of commercial property adjacent to or abutting a sidewalk for which the Borough does not have maintenance responsibility pursuant to § 221-23A to construct, reconstruct, repair and maintain said sidewalk to the appropriate minimum standards set forth in § 221-21.
E. 
If the Borough Engineer determines that there is a need to construct, reconstruct, repair or maintain the sidewalk under § 221-23B or D, written notice shall be given to the abutting or adjacent property owner requiring the necessary specified work to be undertaken within the time stated in the notice.
A. 
Where an abutting or adjacent property owner is required to construct, reconstruct, repair or maintain any sidewalk within the Borough pursuant to § 221-23B or D, said property owner shall first make application in writing on the form prescribed by the Borough for, and obtain, a sidewalk permit to do so from the Borough Clerk.
B. 
Every such application shall be accompanied by a fee in the amount which shall be set from time to time by duly adopted resolution of the Mayor and Borough Council for the processing of the application and issuance of the sidewalk permit and, further, for the inspection of the completed repairs.
C. 
Construction shall not commence under this section until a sidewalk permit has been issued.
D. 
If the application for a sidewalk permit is denied, the applicant may appeal said denial in writing to the Borough Administrator. The decision of the Borough Administrator shall be final.
A. 
Whenever an abutting or adjacent property owner fails to construct, reconstruct, repair or maintain the sidewalk abutting said property pursuant to § 221-23B or D, or to reimburse the Borough for all costs of the construction, reconstruction, maintenance or repair of a Main Street commercial streetscape sidewalk pursuant to § 221-23C, written notice shall be given to said owner directing said owner to perform the construction, reconstruction, maintenance or repair or reimburse the Borough, as appropriate, within 30 days from the date of service of the notice. Whenever any property is unoccupied and the property owner cannot be found within the Borough, or in case such owner is a nonresident of the Borough or his or her post office address cannot be ascertained, then notice shall be given as specified in N.J.S.A. 40:65-14.
B. 
If the abutting or adjacent property owner does not comply with the requirements of the notice described herein, the Borough Engineer may cause the required work to be done at said owner's expense.
C. 
The cost of such work, or the cost of the construction, reconstruction, maintenance or repair of a Main Street commercial streetscape sidewalk pursuant to § 221-23C, as appropriate, shall be certified by the Borough Engineer to the Tax Collector of the Borough. Upon the filing of the certification of costs with the Tax Collector, the amount of the cost of such work shall be and become a lien upon the abutting property to the same extent that assessments for local improvements are liens in the Borough, and shall be collected in the manner provided by law for the collection of such other assessments, and shall bear interest at the same rate.
D. 
In addition thereto, the Borough may have an action to recover the same amount against the owner of the lands, in any court having competent jurisdiction thereof.
E. 
The imposition and collection of a fine imposed for a violation of this article shall not constitute any bar to the right of the Borough to collect the cost as certified for sidewalk construction, reconstruction, repair or maintenance in the manner herein authorized.
A. 
On a periodic basis, the Borough Engineer shall be responsible for causing the inspection of all sidewalks adjacent to or abutting residential properties and the Main Street commercial streetscape sidewalks. The extent and location of any irregularities or defects on any such sidewalks shall be noted and made part of the Borough's inventory of all such sidewalks.
B. 
Any person may notify the Borough of any alleged irregularity or defects to any sidewalks within the Borough on the prescribed form submitted to the Borough Clerk. The Borough Engineer shall cause the inspection of the subject sidewalk in a timely manner considering manpower and workload.
C. 
It is the intention of this article to implement and prioritize the maintenance and repair of sidewalks adjacent to or abutting residential properties and the Main Street commercial streetscape sidewalks over a period of time by utilizing available resources based on the Borough's inventory of all such sidewalks and to balance sidewalk safety and appearance with other Public Works priorities. The funding of sidewalk repair and maintenance shall be determined by the sole discretion of Borough Council, upon the recommendation of the Borough Engineer, except where there is a dangerous condition of a sidewalk needing immediate repair or replacement.