[Adopted 10-8-1968 (Secs. 13-1 through 13-3 of the 1974 Code)]
As used in this article, the following terms
shall have the meanings indicated:
Includes sole owner or any part owner, joint owner, tenant
in common, tenant in partnership, joint tenant or tenant by the entirety
of the whole or a part of the abutting property.
Includes those portions of sidewalks lying in the angles
of the intersection of streets.
A.
On or along any public street, avenue, alley or lane
in the Borough, the grade of which has been or will be established,
there shall be sidewalks, curbs, gutters and driveways constructed,
reconstructed, laid, relaid, repaired and maintained at the cost or
expense of the abutting property owner, in accordance with and in
conformity to the plans and specifications pertaining to sidewalks,
curbs, gutters and driveways on file in the office of the Borough
Clerk.
B.
Construction or repair for certain locations. All
sidewalks which are located along Main Street, and all sidewalks not
located on Main Street but abutting any corner property situated on
Main Street, which are to be newly constructed and/or repaired may
be constructed and/or repaired and/or replaced with either concrete
or concrete pavers in accordance with such specifications governing
color, style, manufacture, and installation as shall be recommended
from time to time by the Borough Engineer and adopted by resolution
of the Mayor and Council of the Borough of Bradley Beach.
[Amended by Ord. No. 1997-19]
Whenever any sidewalk, curb, gutter or driveway
is required to be constructed, reconstructed, repaired or altered,
application shall be made to the Code Enforcement Officer. Applications
shall have attached thereto detailed plans of the proposed work containing
specifications which conform in all respects to the plans and specifications
for the construction, laying, and alterations of sidewalks, curbs,
gutters and, where applicable driveways, on file in the office of
the Borough Clerk and approved by the Borough Council.
The deposit of $200 shall be deemed the fee
for the application and opening, and the person making the application
and who paid the fee shall be responsible and liable for the satisfactory
filling in and patching of the excavation by the person performing
the excavation. The filling in and patching shall be evidenced by
the written approval of the Superintendent of Public Works. The excavation
shall be first filled with clean sand and properly tamped and at least
a four-inch layer of concrete laid upon the dirt and proper blacktop
then placed upon the concrete.
No person shall construct, reconstruct, repair,
alter or grade any sidewalk, curb, gutter or driveway in the Borough
without first obtaining approval from the Code Enforcement Officer
and the Borough Council of the application and attached documents.
A.
Whenever it is determined by the Code Enforcement
Officer that any sidewalk, curb, gutter or driveway shall be constructed,
reconstructed, altered or repaired, notice shall be given by the Borough
Clerk to the abutting property owners as provided by law.
B.
The notice shall contain a description of the property
affected sufficient to identify it, a description of the work to be
done, a statement that the work shall be done at the cost or expense
of the owner, and a statement as to the location, availability and
accessibility of the plans and specifications pertaining to sidewalks,
curbs, gutters and driveways on file in the office of the Borough
Clerk.
C.
The description of the work to be done shall be sufficient
to apprise the owner of the nature and the quality of the work expected,
but need not contain detailed plans and specifications.
D.
The notice shall contain a statement that, unless
the owner completes the improvement within 30 days after service of
the work, the Borough Council shall cause the required work to be
done and assess the cost or expense thereof upon the lands affected
thereby.
Notice may be served upon owners residing in
the Borough personally or by leaving the same at their usual place
of residence with a member of the family above the age of 14 years.
In the case of infants and incompetents, the notice shall be served
upon their guardians; when any real estate is held in trust, upon
the trustee; when held by joint tenants, tenants in common or tenants
by the entirety upon any one tenant. If the owner of any real estate
is a nonresident of the Borough, the notice may be served upon him
personally, upon his agent in charge of the property, upon the occupant
or mailed to the nonresident owner at his last known post office address.
The notice shall be published once a week for
four weeks in a newspaper circulating in the Borough, the last notice
to be published not less than 30 days before the improvement is to
be made by the Borough. Notice to the owner of several distinct parcels
of real estate may be inserted in the same publication.
Upon the filing with the Tax Collector of proof
of affidavit of the service of notice within 10 days after such service,
and the expiration of 30 days after the service of the notice, the
Borough Council may, upon noncompliance by the owner with such notice,
cause the required work to be done and completed and shall assess
the cost or expense thereof upon the abutting land affected thereby.
Failure to file such proofs shall not invalidate the proceedings if
service has been made as hereinbefore provided.
The assessment shall bear interest at the maximum
rate allowed by law, shall be a first and paramount lien upon the
real estate assessed, and shall be collected and enforced in the same
manner as assessments for local improvements.
No assessment shall be invalid by reason of
error in the notice or omission of the name of any owner or owners
of real estate assessed or for any other information where the real
estate has been actually improved.
Nothing in this article shall preclude the filing
of a modification, deletion, amendment or other change in the existing
plans and specifications for sidewalks, curbs, gutters and driveways
now on file where such is considered necessary, and where the owners
of the abutting property are not prejudiced thereby.
Nothing in this article shall be construed as
requiring the Borough as the abutting property owner to construct
a sidewalk, curb, gutter or driveway where it is not in its best interest
to do so.
