[Adopted 8-8-1988 by Ord. No. 43-88]
As used in this article, the following terms
shall have the meanings indicated:
A paved walkway for pedestrian traffic located along the
side of a public street.
Every owner of land abutting upon or containing
a sidewalk shall be responsible at the owner's sole cost and expense
for maintaining and repairing such sidewalks so as to prevent or eliminate
broken, raised or uneven pavement or other conditions creating a potential
safety hazard for pedestrians. The obligations of abutting owners
under this section shall not be dependent upon receipt of a notice
pursuant to this article requiring the construction or repair of sidewalks.
A.
No person shall construct or install sidewalks along
a public street on property not currently improved with sidewalks,
except as authorized or required by this section or by other ordinance
or law.
B.
Every owner of land abutting upon a public street
which is not presently improved with sidewalks shall be responsible
at said owner's sole cost and expense to construct sidewalks, if a
determination is made by the Borough Council that sidewalks are necessary
at that location and notice of said determination has been served
upon the abutting owner in accordance with the provisions of this
article.
C.
Any such abutting owner desiring or his or her own
initiative to install sidewalks may do so only after such a determination
has been made, which may be requested by submitting an application
to the Department of Public Works.
D.
Upon final approval of the Borough Engineer, a residential
property owner may apply to the Borough for partial reimbursement
of the cost of replacement of an existing sidewalk or construction
of a new sidewalk on land abutting a public street. The reimbursement
shall be $40 per square yard or 50% of the public bid prices in Madison
based on an annual assessment by the Borough Engineer. The reimbursement
shall apply to sidewalk installation only and shall not apply to ancillary
work such as landscaping, lawn sprinklers and electronic dog fences.
The property owner shall submit to the Borough Engineer all bills
associated with the project as well as evidence of payment to the
contractor. The Borough Council shall appropriate an amount annually
for this program, and the reimbursements will be paid up to the annual
limit to those who file first in time.
[Added 8-14-2000 by Ord. No. 40-2000; amended 8-11-2003 by Ord. No. 37-2003; 4-13-2015 by Ord. No. 16-2015; 3-22-2021 by Ord. No. 12-2021]
A.
Any complaint, notice or other communication received
by the Borough concerning the possible existence of a public safety
hazard due to the absence or condition of sidewalks shall be forwarded
to the Engineering Administrator, who shall arrange for an investigation
as to whether a public safety hazard exists. The results of said investigation
and a recommended determination as to whether the construction or
repair of sidewalks should be required shall be reported to the Borough
Council.
B.
If the Borough Council determines that there is a
need to construct or repair sidewalks, then the Council may by adoption
of a resolution authorize service of a notice on the abutting owners
or owners requiring the necessary specified work to be undertaken
within a specified period of time of not less than 30 days from the
date of service of such notice.
The notice provided for by § 166-35B may be served upon any owner residing within the Borough by personal service or by leaving the same at the owner's usual place of residence with a member of the household above the age of 14 years. If the owner is not a resident of the Borough, then the notice may be served by mailing it, postage prepaid, to the owner's post office address. If the owner's current mailing address cannot be ascertained, then the notice may be published for four weeks, once a week, in the official newspaper of the Borough.
If an owner does not comply with a notice served
in accordance with this article and due proof of service or publication
is filed in the Borough Clerk's Office, then the Borough Council may
by resolution authorize the Public Works Department to cause the required
work to be done and paid for out of municipal funds available for
that purpose.
A.
The cost of work undertaken pursuant to § 166-37 shall be certified by the Director of Public Works. Said certification shall be filed with the Borough Tax Collector, and a copy shall be forthwith forwarded to the owner by registered mail, if the owner's address is known.
B.
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 in front of which said work
was done to the same extent that assessments for local improvements
are liens in the Borough under general law. Said costs shall be collected
in the manner provided by law for collection of such other assessments
and shall bear interest at the same rate.
C.
The Borough may bring an action in any court of competent
jurisdiction to recover said amount against the owner of said land.
In any such action, a certified copy of the aforesaid certification
shall be prima facie evidence of a debt due from said owner to the
Borough.
D.
All moneys recovered or paid to the Borough under
this section shall be credited to the account out of which the cost
of such work was paid.
A.
No person shall remove any existing sidewalks abutting
or adjacent to any public street in the Borough, except for removal
in connection with the repair or replacement of sidewalks, unless
said removal has been authorized by resolution of the Borough Council.
B.
Any person seeking such approval shall submit a request
to the Department of Public Works, which shall prepare a report and
recommendation for the Borough Council. Approval shall not be recommended
unless a determination is made that sidewalks are not needed for pedestrian
safety purposes, based upon consideration of street characteristics,
traffic volume, pedestrian volume, the existence of sidewalks on nearby
properties and other pertinent factors. Any such approval shall be
conditioned upon a requirement that the land be properly graded and
seeded following the sidewalk removal.
C.
In the event that sidewalks are removed without the
prior approval required by this section, the owner of the abutting
property may be directed to construct new sidewalks in accordance
with the requirements and procedures set forth in this article.
No person shall undertake any work involving the removal, repair, reconstruction or construction of sidewalks without first obtaining all permits required by Article III of this chapter.
If any provision, section, subsection, paragraph,
sentence, clause or phrase of this article shall be declared invalid
for any reason whatsoever, such invalidity shall not affect the remaining
portions of this article, and to this end, the provisions of this
article are hereby declared to be severable.
