[Adopted 11-13-2000 by Ord. No. 48-00]
The Township of Old Bridge wishes to reconstruct
and improve certain sidewalks hereinafter designated. The cost of
this project shall be wholly borne by the owner or owners of the real
estate in front of which the improvement is made. Following completion
of the reconstruction and improvement of the sidewalks authorized
by this article, the proportionate cost of such sidewalk shall be
assessed against the owner and shall become a municipal lien. This
article also provides for the right to pay the assessments in installments
over a ten-year period.
Any owner of real estate listed in this article
may undertake the installation, construction, reconstruction or improvement
of such owner's sidewalk at their own expense. If such work is undertaken
by an owner, it shall not be performed by the municipality or the
municipality's contractor. The purpose of this section is to give
any owner the option to undertake and perform the sidewalk reconstruction
work at his, her or their expense. In the event an owner fails to
reconstruct the sidewalk in front of their property on or before the
90th day following receipt of this article, the municipality shall
carry out the work and assess the cost thereof.
A.
The Township Engineer is designated as the officer
of the municipality in charge of the improvement. The Township Engineer
shall keep an accurate account of the cost of the improvement and
shall certify those costs to the governing body of Old Bridge Township
in a report. The certification shall be substantially in the following
form:
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I hereby render a report on sidewalk construction and improvement performed under the authority of Chapter 435, Article VII, Sidewalk Maintenance. I hereby certify that the costs of the improvement as calculated in proportion to the respective frontage of each property is accurately set forth in this report.
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B.
The report shall be made under oath and shall be delivered
to the Township Clerk of the Township of Old Bridge
C.
Following receipt of the Engineer's report, if the
governing body shall upon examination find that the report accurately
reflects a fair apportionment of the assessment to each property owner
in proportion to their frontage, the governing body shall confirm
and file such report with the officer charged with collection of assessments.
Such assessments shall thereafter become a lien against the real estate
to which it pertains.
D.
Prior to confirming the report rendered by the Engineer,
the governing body shall give notice to the owner or owners named
therein of the time and place fixed for examination of the report
and consideration by the governing body of the confirmation thereof.
A.
Sidewalk assessments approved by the governing body
as aforesaid shall bear interest from the time of confirmation at
the same rate and with the same penalties for nonpayment as assessments
for local improvements in the municipality. Such assessments shall
from the date of confirmation be a first and paramount lien upon the
real estate assessed to the same extent and be collected and enforced
in the same manner as assessments for local improvements.
B.
The payment and collection of such sidewalk assessments
may be made in installments at the option of the property owner. Such
installment shall be over a period of 10 years. If the property upon
which a sidewalk assessment is imposed should be sold after confirmation
of the assessment, the full amount of such assessment shall then become
immediately due and payable at the time of conveyance of the property.
The list shall constitute the properties to
receive sidewalk reconstruction and shall be assessed the cost thereof
in proportion to their improved frontage. Said list shall be on file
in the office of the Township Clerk.
The Mayor, Township Clerk and Director of Law
are hereby authorized to take any action and to sign any and all documents
necessary to carry out this article.
