[Adopted 1-28-1988 as Ord.
No. 4-88 (Ch. 92 of the 1974 Code)]
[Amended 7-11-1996 by Ord.
No. 96-36]
The owner of any premises in the Township of Lacey abutting a sidewalk
or curb shall, at his or her own cost and expense, keep and maintain such
sidewalk or curb in good condition and state of repair and shall not permit
the same to fall into a state of disrepair or to become unfit or unsafe to
walk upon. In the event that such sidewalk or curb or any part thereof becomes
unsafe or hazardous to the public or unfit to walk upon, the abutting owner,
at his or her own cost and expense, shall, with all expeditious speed, reconstruct
or repair, as the facts may require, such sidewalk or curb or that part thereof
which requires reconstruction or repair.
[Amended 7-11-1996 by Ord.
No. 96-36]
Where, in the opinion of the Lacey Township Engineer, Code Enforcement
Officer or the Public Works Director/Superintendent, a sidewalk or curb is
in an unsafe or hazardous condition, he or she shall inform the Township Committee,
which shall, by resolution, authorize a notice, in writing, 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 the period
not less than 30 days from the date of service of said notice. Whenever any
lands are unoccupied, and the owner cannot be found within the Township, said
notice may be mailed, postage prepaid, to his or her post office address as
it is ascertained from the latest tax rolls of the Township of Lacey. In a
case where an owner is a nonresident of the municipality or his or her post
office address cannot be ascertained, then a notice may be inserted for four
weeks, once a week, in the official newspaper of the Township of Lacey.
In the case where the owner or occupant of such lands shall not comply
with the requirements of such notice, it shall be lawful for the Public Works
Director/Superintendent, upon filing due proof of service or publication of
the aforesaid notice, to cause the required work to be done and paid for out
of the Township funds available for that purpose. The cost of such work shall
be certified by the Public Works Director/Superintendent to the Township Engineer,
who shall verify the same and turn it over to the Tax Assessor. Upon filing
these said certificates, the amount of the cost of such work shall be and
become a lien upon said abutting lands in front of which such work was done.
All new sidewalks and curbs constructed by an abutting owner shall be
constructed in accordance with the line and grade established by the Township
Engineer. All old and existing sidewalks reconstructed or repaired by an abutting
owner shall be reconstructed or repaired in accordance with the existing line
and grade unless such line or grade is changed by the Township Engineer. It
shall be the duty of the abutting owner in all instances to make inquiry to
the Township Engineer respecting such line and grade.
All sidewalks and curbs constructed, reconstructed or repaired shall
be in accordance with specifications of the Township of Lacey.
The Township Committee may each year include in its annual budget an
appropriation for curb and/or sidewalk repairs in addition to any existing
maintenance fund, out of which appropriation all costs of construction and/or
repair of curbs and sidewalks during the year may be charged when it becomes
necessary for the Public Works Department to make such repairs and/or construction
pursuant hereto. All moneys recovered or paid to the Township under the provisions
of this Article, other than penalties as hereinafter set forth, shall be credited
to the account out of which such work was paid.
[Amended 4-25-1991 by Ord.
No. 23-91; 7-11-1996 by Ord.
No. 96-36; 12-12-2002 by Ord. No. 02-69]
Whenever any curb or sidewalk is required to be repaired, reset or relaid
in the Township of Lacey, application for a permit shall be made by the owner
of the abutting lands or his or her contractor to the Construction Official,
specifying grade, dimensions, mixed materials and the method of construction
or repair to be used. The Construction Official shall examine said specifications
and, upon approval of the Township Engineer, in compliance with all the provisions
of this article, shall grant a permit to the applicant. An administrative
fee for the aforesaid permit shall be $2 per linear foot of sidewalk and $5
per linear foot of curb being repaired. In addition, the applicant shall pay
a fee to the Township to cover the cost of the Township Engineer's inspection
of the curb and/or sidewalks, which fee shall be as follows:
|
Curb and Sidewalks
(linear feet)
|
Fee
|
|---|---|
|
Up to 50
|
$150
|
|
Each additional 50 or portion thereof
|
An additional $50
|
[Amended 4-23-1992 by Ord.
No. 22-92]
The owners of premises abutting a street right-of-way in the Township
shall not allow or cause the construction or placement of any permanent structure
or planting of any plant life and allowing such plant life to grow higher
than 2 1/2 feet in the street right-of-way in front of such property without
the approval of the Township Committee.
[Amended 4-23-1992 by Ord.
No. 22-92]
No owner, tenant or occupant of any premises abutting on any street
shall throw, place or deposit snow or ice into or on any street, it being
the intent and purpose of this provision to prohibit all persons from throwing,
casting, placing or depositing snow and ice which accumulates within the private
property belonging to that person on the sidewalks or streets of the Township.
[Amended 4-23-1992 by Ord.
No. 22-92]
The owner and tenants of lands lying within the limits of Lacey Township
shall keep all brush, hedges and other plant life, growing within 10 feet
of any roadway and also within 25 feet of the intersection of two roadways,
cut to a height of not more than two and one-half (2 1/2) feet. Where
it shall be necessary and expedient for the preservation of public safety,
the owner or tenant of said property shall be required by the Code Enforcement
Officer of the Township of Lacey to cut said brush, hedges and other plant
life in accordance with the terms of this Article within 10 days after notice
to cut the same is served by the Code Enforcement Officer of the Township
of Lacey. Said notice shall be served by regular and certified mail at the
last known address of the owner or tenant of the subject property. In the
event that no address is known, service shall be made by posting said notice
on the subject property. In the event that the owner or tenant shall fail
or neglect to cut the brush, hedges and plant life within 10 days after receipt
of said notice in accordance with the provisions of this Article, the brush,
hedges and plant life may be removed by the Township under the direction of
the Code Enforcement Officer of Lacey Township.
[Amended 4-25-1991 by Ord.
No. 23-91; 4-23-1992 by Ord.
No. 22-92]
In all cases where the brush, hedges and other plant life are cut from any lands pursuant to the provisions of § 293-22, by or under the direction of the Code Enforcement Officer of the Township of Lacey, the Code Enforcement Officer shall certify the costs thereafter to the governing body, who shall examine the certificate and, if found correct, shall cause the costs thereon to be charged against said lands. In the event that such cost is determined by the governing body to be excessive, the reasonable cost thereof in the determination of the governing body shall be charged against said lands, and the amount so charged shall forthwith become a lien upon said lands and shall be added to and become part of the taxes next to be assessed and levied upon such lands. Said lien shall bear the same interest rate as taxes and shall be collected and enforced by the officers of the municipality in the same manner as taxes.
[Amended 4-23-1992 by Ord.
No. 22-92]
A.
The failure of any applicant, owner or his or her contractor,
servant or agent to construct or repair such curbs and/or sidewalks in accordance
with the specifications filed by him or her for the purpose of securing that
permit under the terms of this Article shall be and constitute a violation
hereof.
[Amended 7-11-1996 by Ord.
No. 96-36]
B.
Any person violating the terms of this Article or refusing
or neglecting to comply with any of the provisions hereof shall, upon conviction
therefor, be subject to a fine of not more than $1,000, imprisonment in the
county jail for a period of not more than 90 days and/or a period of community
service of not more than 90 days in the discretion of the court before which
such conviction is had.
[Amended 7-11-1996 by Ord.
No. 96-36]
C.
Each day's persistence in the things or acts prohibited
by this Article shall be and constitute a separate and distinct offense subject
to any and all penalties prescribed in this Article.
