[1997 Code § 304-7]
The sidewalks of all highways now or hereafter dedicated to
public use situate within the corporate limits of the City of Absecon
City shall be graded, curbed, paved and repaired and made to conform
to the requirements of the ordinances of the City of Absecon City
and this Article by the respective owners of lots of land fronting
or bounding upon such highways.
[1997 Code § 304-8]
The City Engineer shall forthwith prepare and present to the
Common Council for its approval detailed specifications for the grading,
paving, curbing and repairing of sidewalks in the City of Absecon
City, which specifications shall be prepared under the direction of
the Road Committee of the Common Council, which specifications, when
approved and adopted by Common Council, shall be and are hereby made
the standard specifications for the grading, paving, curbing and repairing
of sidewalks in the City of Absecon City and shall so continue until
amended or changed by said Common Council.
[1997 Code § 304-9]
In case of the neglect or refusal of any such owner, after notice
as provided by this Article, to so grade, curb, pave and repair the
sidewalk of the public highway in front of or adjoining his or her
lot or lots of land, such sidewalk shall be graded, curbed, paved
and repaired so as to conform to the requirements of the ordinances
of the City of Absecon City and this article by the City of Absecon
City, under the direction and supervision of the Road Committee and
the City Engineer.
[1997 Code § 304-10]
Upon approval of said specifications by the Common Council,
as aforesaid, it shall be the duty of the City Clerk to forthwith
advertise in the manner required by law for bids for the furnishing
of such materials and the performance of such labor as shall be required
by the City for the grading, curbing, paving and repairing of sidewalks
for the calendar year for which such specifications have been presented
and approved.
[1997 Code § 304-11]
In event that any sidewalk is not graded, curbed, paved or repaired
in accordance with the provisions of this Article, the City Engineer
shall cause a notice to be served upon the owner or owners or trustee
or trustees of the lot in front of which said sidewalk is located,
which notice shall contain a description of the property affected,
sufficiently definite in terms to identify the same, as well as a
description of the required improvement and a notice that unless said
improvement shall be completed within 30 days after the service thereof,
it is the intention of the City of Absecon City to make the same or
cause it to be done, which notice may be served upon the owner or
owners or trustee or trustees resident in the City of Absecon City
in person or by leaving the same at their usual place of residence
with a member of their family above the age of 14 years.
A.
In case any such owner or owners or trustee or trustees shall not
reside in the City of Absecon City, such notice may be served upon
them personally or mailed to their last known post office address,
or it may be served upon the occupant of the property or upon the
agent of the owner in charge thereof.
B.
In case the owner of any such property is unknown or service cannot
for any reason be made as hereinabove directed, notice thereof shall
be published at least once, not less than 30 days before the making
of such improvement, in a newspaper circulating in the City of Absecon
City.
C.
Proof of service of such notices shall be filed with the Tax Collector
within 10 days thereafter.
[1997 Code § 304-12]
In case the owner or trustee of any lot shall refuse or fail to comply with the notice prescribed in Section 304-11 hereof within the time specified, the City Engineer shall cause such sidewalk to be improved or repaired and for that purpose shall prepare an order upon the contractor for the time being for sidewalk construction and repairs, specifying the materials to be furnished and the work to be done, in conformity with this article and said specifications, using in his discretion such old materials as he may deem suitable and in conformity with the requirements of said specifications and this article; provided, however, that such order shall not be executed until it shall have been approved by the Road Committee or a majority thereof, which such order shall be prepared in triplicate, one copy thereof to be filed in the office of the City Engineer, one copy to be filed in the office of the City Clerk and the remaining copy to be delivered to the contractor, which shall constitute his warrant and authority for doing the work.
[1997 Code § 304-13]
A.
When any sidewalks shall be improved or repaired, a true and accurate
account of the cost and expense thereof shall be kept and apportioned
among the several properties improved, in proportion to the frontage
of their respective lands, and a true statement of such cost, under
oath or affirmation, shall be forthwith filed by the City Engineer
in charge of such improvements with the City Clerk. The same shall
be presented to the Common Council, which body, after giving the notice
thereof required by law, shall examine and consider the same and,
if the same is properly made, shall confirm the same and the assessments
therein made and file the report with the Tax Collector, who shall
record said sidewalk assessments in the same book as other assessments.
B.
Such assessments shall, from the date of the confirmation thereof,
become due and payable and shall be and remain a first lien upon the
lots upon which they are laid until paid and shall bear interest at
the rate of 6% per annum from and after the expiration of 30 days
after and from the date of confirmation, and if said assessment is
not paid within three years after the date of confirmation, then said
lands shall be sold as by law directed.
C.
It shall be the duty of the Tax Collector forthwith to cause a notice
of the assessment and the amount thereof to be given to each person
assessed, either personally or by mail, by letter postpaid, directed
to the person assessed at his or her last known post office address.
[1997 Code § 304-14]
The cost of such construction and repair of sidewalks shall
be paid in the first instance from moneys regularly appropriated for
sidewalks or from the proceeds of curbing and paving temporary notes
or bonds issued to provide moneys for the purpose of such construction
and repair, upon the certificates of the City Engineer, duly approved
by the Road Committee or a majority thereof, which said curbing and
paving temporary notes or bonds shall be retired and paid from the
moneys collected from said assessments.
[Ord. No. 05-2005 § 304-14A; Ord. No. 05-2005 § 314-14b]
A.
The requirement to install sidewalks and/or curbs may be waived by
the City Council, upon application from the owner/applicant, where
the owner/applicant has:
B.
Each application shall be reviewed by the City Engineer and City
Construction Official and a recommendation forwarded to the Road Committee
of the City Council. The Public Works Committee shall review each
recommendation to determine if:
C.
Based on the review of the Public Works Committee, a recommendation
will be forwarded to the City Council either supporting or denying
the application for waiver.
