[Adopted 4-22-1998 by Ord. No. 98-9; amended in its entirety 5-18-2022 by Ord. No. 2022-04]
Pursuant to N.J.S.A. 40:65-14, the purpose of this article is to set forth requirements standards and requirements for the construction, reconstruction, replacement, repair, alteration and maintenance of sidewalks and curbs within the Borough of Kenilworth.
No person shall undertake any construction, reconstruction, replacement, repair, alteration or maintenance of a public curb or sidewalk, or any portion thereof, in the Borough without a proper permit from the Borough Construction/Building Department.
A. 
It shall be the duty and responsibility of the owner of any land abutting a public sidewalk or curb in the Borough to construct, reconstruct, replace, repair and maintain any curbs and sidewalks or any portions thereof abutting the land of the property owner at the sole cost and expense of such owner.
B. 
Such upkeep shall include keeping abutting sidewalks in a proper condition of maintenance and good repair, including but not limited to keeping such sidewalks free of obstruction, debris, cracks and crevices or other unsafe conditions.
C. 
Sidewalks shall be constructed and maintained in conformity with the specifications in Residential Site Improvement Standards (N.J.A.C. 5:21-4.3; 5:21-4.5; 5:21-4.17 and 5:21-4.18, and Title 5, Chapter 21, of the New Jersey Administrative Code, as amended and supplemented).
D. 
All sidewalks, curbing and other related improvements and appurtenances, including driveway aprons, ramps, cross walks, drainage structures or facilities, gutters, sewers, signs, markings, graded areas, pavement, streets and roads, must be in strict accordance with the Americans with Disabilities Act, the Barrier Free Subcode of the New Jersey Uniform Construction Code and all other applicable federal, state, local or Borough design or construction standards. Any and all such work and materials furnished shall be subject to review and approval by the Borough Construction/Building Department.
E. 
If any portion of the sidewalk or curb abutting or adjacent to the property for which a permit application is made is located on or along a county road or street under the control of the county, the property owner shall be required to seek and obtain approval from the county and comply with any and all county rules and regulations prior to applying for any concurrent or additional permit from the Borough Construction/Building Department.
Upon completion of sidewalk or curb construction, reconstruction, replacement, repair or maintenance, all equipment, unused materials and refuse shall be removed from the site of the work, and all public and private properties, appurtenances, signs, markings, ramps and related improvements damaged, disturbed or altered during the course of construction shall be replaced or repaired in accordance with all applicable federal, state, local and Borough standards. 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 Construction/Building Department or its authorized representative.
A. 
Whenever an abutting or adjacent property owner fails to construct, reconstruct, replace, repair or maintain any curb or sidewalk abutting said property pursuant to this article, the Borough may, by resolution, cause written notice to be served upon the owner or occupant of said lands requiring the necessary specified work to said curb or sidewalk to be done by said owner or occupant within a period of not less than 30 days from the date of service of such notice. Whenever such lands are unoccupied and the owner cannot be found within the Borough, or in such case as the owner is a nonresident of the Borough or his or her post address cannot be ascertained, then as provided by N.J.S.A. 40:65-14 the same may be mailed, postage prepaid, to his or her post-office address, if the same can be ascertained. In case such owner is a nonresident of the municipality or his or her post-office address cannot be ascertained, then the notice may be inserted for four weeks, once a week in some newspaper of such municipality or, if none be published therein, then in some newspaper published in the state and circulating in said municipality.
B. 
If the owner or occupant does not comply with the requirements of such notice as described in Subsection A of this section, then the Borough, upon filing due proof of service or publication of the aforesaid notice with the Borough Clerk, cause the required work to be done, and paid for out of the Borough funds available for that purpose, at the owner's expense.
C. 
The cost of such work shall be certified by the Borough, or such other person having charge thereof, to the Tax Collector of the Borough. Upon the filing of the certificate, the amount of the cost of such work shall be and become a lien upon the abutting lands in front of which such work was done 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 be in addition to any other financial, legal or other recourse or remedy as may otherwise be available pursuant to Borough ordinance or by law, and shall not anyway be construed to bar or limit any right of the Borough to collect the cost for construction, reconstruction, replacement, repair or maintenance of any sidewalk, curb or other related improvements or appurtenances in the manner herein authorized as provided by N.J.S.A. 40:65-14.
This article shall be enforced by the Police Department and/or Borough Construction/Building Department of the Borough of Kenilworth.
A. 
Any person who shall violate or fail to comply with any provision of this article shall, upon conviction, be subject to fine of not less than $50 per day, nor in excess of $200 per day.
B. 
The continuation of such violation of each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.