[Added 12-18-2001 by Ord. No. 45-2001]
Pursuant to N.J.S.A. 40:65-1 et seq., the governing body of the City finds and declares that curbs and sidewalks develop defects and deteriorate over time which increases the risk of injury to the general public utilizing them for pedestrian travel. The governing body of the City further finds and declares that it is in the interest of public safety that property owners abutting curbs and sidewalks shall maintain them in good condition and repair them when necessary to protect the public health, safety and welfare. It is the intent and purpose of this article to establish a procedure for the orderly and reasonable enforcement of this policy.
Property owners shall be responsible for maintaining the curbs and sidewalks abutting their property in reasonably good condition, free from defects and dangerous conditions which could cause injury to persons properly using the curbs and sidewalks. Property owners are not responsible for minor flaws and stretches of minor uneveness.
Whenever the Board of Commissioners shall, by resolution, determine that repairs are required to a curb or sidewalk of an abutting landowner, the director in charge of streets and roads shall notify, in writing, the owner of the abutting land to make the necessary repairs. Said repairs shall be made within 30 days from the date of service of the written notice.
In the event that said repairs are not effected within 30 days after written notice has been served on the abutting landowner to make the necessary repairs, the director in charge of streets and roads may procure such repairs as shall be required at the expense of the City, and all costs expended therefor shall become a lien upon the abutting lands where such repairs were made to the same extent that assessments for local improvements are liens. The cost thereof shall be collected in the manner provided by law for the collection of such assessments.
In the event that the abutting landowner has failed to make the necessary repairs to the curbs or sidewalks within 30 days of the service of the written notice, a formal complaint may be filed by the City against said property owner with the Municipal Court for enforcement of this article. The Municipal Court, in its discretion, may impose penalties as prescribed by Chapter 1, General Provisions, Article III, of the Code and, in addition, may impose restitution in favor of the City for all moneys expended to effect the necessary repairs to the curbs or sidewalks.
In addition thereto, the City may file an action to recover the amount due against the property owner in any court having competent jurisdiction. A certified copy of the certificate of assessment shall in such action be prima facie evidence of the existence of the debt due from the property owner to the City.