[Adopted 8-12-1992 by Ord. No. 1992:622]
A.
Duties.
(1)
It shall be the duty of all owners of property abutting
upon streets, avenues or highways of the borough where sidewalks have
been constructed to maintain the sidewalks in front of their premises
in a safe, passable and serviceable condition and free from obstruction
of grass, weeds, sediments or other material. It shall be the duty
of said property owners to repair, construct, alter or relay said
sidewalks so as to keep them free of cracks and crevices and on an
even grade.
(2)
All owners of property abutting upon streets, avenues or highways of the borough who apply for a building permit for new construction of an improvement upon vacant land, which does not require site plan approval, shall be required to construct sidewalks and curbs in accordance with the standards of § 173-48E. The term "vacant land" shall include a parcel of land where the existing structure will be removed and replaced with construction of a new improvement. No certificate of occupancy shall be granted until this provision is met. The Building Department/Zoning Officer shall notify the owner of the requirement to install a sidewalk and curbs. The owner may request a waiver of this requirement from the Mayor and Council. The request shall be made within 20 days of notification and shall be in writing, setting forth the reasons for the waiver. The Mayor and Council shall schedule a hearing to consider the waiver request. Upon construction and acceptance, the owner shall have the duty to maintain the sidewalk and curb in accordance with Subsection A(1)above.
[Amended 5-13-1998 by Ord. No. 1998:760]
B.
Notwithstanding any other provision of this section,
where any property owner shall, having received a notice of required
compliance from the Property Maintenance Officer, fail or neglect
to maintain, construct, repair, alter or relay the sidewalks in front
of or abutting his or her property in a safe, passable and serviceable
condition, the governing body may pass a resolution causing a notice
to be served, in writing, upon the owner or occupant of said land
requiring the specified maintenance or repairs to be done within a
period of 30 days from the date of service of said notice. The notice
shall be served in person upon the owner or occupant by leaving the
same at his or her usual place of residence with a member of the family
over the age of 14 years. Whenever any lands are unoccupied and the
owner cannot be found within the municipality, notice may be mailed,
postage prepaid, to his or her post office address, if the same can
be ascertained. In case such owner is a nonresident and his or her
address cannot be ascertained, then notice may be inserted for four
weeks, once a week, in a newspaper circulating in the municipality
and shall also be posted upon the affected premises. In the event
that an owner of property shall be granted a waiver from any of the
provisions of this section, including but not limited to the obligation
to construct sidewalks and curbs, the borough shall condition such
waiver upon the owner's contribution to a fund dedicated to the repair,
replacement and construction of sidewalks within the borough. Such
monetary contribution shall be in the sum established by the Borough
Engineer and shall be based on the amount of linear feet of sidewalk
and/or curb the owner would otherwise be required to construct.
[Amended 8-13-1997 by Ord. No. 1997:747; 6-9-1999 by Ord. No. 1999:792; 3-8-2017 by Ord. No. 2017:1221]
C.
Failure to comply.
[Amended 8-13-1997 by Ord. No. 1997:747]
(1)
If the owner refuses or neglects to comply with the
notice within 30 days after service or publication, the Property Maintenance
Officer is authorized and empowered to effect such repairs and improvements
with borough personnel or with independent contractors, in his or
her discretion, as will eliminate the objectionable condition. When
any such work shall be done, a true and accurate account of the costs
shall be kept and distributed among the properties abutting upon the
sidewalk in due proportion to the amount of material and labor expended
upon each parcel of property involved, and a true statement and report
of the cost under oath or affirmation shall be filed forthwith by
the Property Maintenance Officer with the Borough Clerk and Tax Assessor.
The Property Maintenance Officer shall also file with the Borough
Clerk proof of service or publication of the notice of demand.
(2)
Upon the filing of a statement or report by the Property
Maintenance Officer, the Borough Council shall cause notice to be
given to the owner of all properties affected designating the time
and place when the report and statement will be considered and confirmed
by the Borough Council. At the time and place designated, the Borough
Council shall afford an opportunity for all parties in interest to
be heard. After the hearing, the Council may make such changes or
amendments as appeared to be just and proper. The Council may thereafter
confirm the report with or without amendments, and it shall then be
transmitted to the Collector of Taxes.
D.
Upon receipt of the report from the Borough Council,
the Tax Collector shall enter upon his or her books and records the
proper charges against the respective properties affected, levying
assessments thereon in the proper amounts in the same manner provided
by law for the levying of assessments for street improvements. The
Collector of Taxes shall have the power to enforce collection of the
assessments in the same manner provided by law for the enforcement
of payments of taxes and assessments. The assessment shall bear interest
at the same rate per annum as taxes accruing within one month from
the date of confirmation by the Borough Council.
E.
In the event that any sidewalk, curb, driveway apron
or gutter construction or maintenance will involve the removal of
any tree or part thereof, including roots, situated between the edge
of the sidewalk and the curb and it is the tree or part thereof, including
a root, which has caused the deteriorated, broken or hazardous sidewalk,
the property owner shall secure written approval for the necessary
work from the Shade Tree Commission of the Borough of Closter. It
shall be the obligation of the abutting property owner to obtain the
necessary permit from the Shade Tree Commission and to perform the
work permitted, said work to be accomplished in a manner and with
the workmanship approved by the Shade Tree Commission during the permit
process. If the Shade Tree Commission refuses to issue a permit pursuant
to this subsection, it shall send written notice of denial to the
Property Maintenance Officer and the Borough Clerk as well as the
property owner. In the event that the Shade Tree Commission has denied
the permit or fails to take any action within 30 days from application
for a permit, the property owner shall be relieved of his or her obligation
to comply with the notice to repair the sidewalk only to the extent
that a tree or a portion of the tree or its roots interferes with
said repair work.
[Amended 8-13-1997 by Ord. No. 1997:747]
