[Adopted 11-14-1974 as Ch. 69, Art. II, of the 1974 Code]
[Amended 5-23-1985 by Ord. No. 12-1985]
The sidewalks, curbs and gutters of all highways, streets and alleys in Egg Harbor City shall be graded, paved, constructed and repaired and shall be made to conform to the requirements of the ordinances of Egg Harbor City and with this article by the owners of lots fronting or adjoining upon such highways, streets or alleys.
The Common Council of Egg Harbor City is hereinafter authorized to waive and/or modify the requirements of the installation of curbs and sidewalks when sufficient information is presented to provide just cause why the requirement of installation is a hardship.
In case of neglect or refusal by the owners of lots to grade, pave, construct or repair their respective sidewalks, curbs or gutters within the time set for the work to be done, the Common Council of Egg Harbor City shall cause the same to be graded, paved, constructed or repaired to conform to this article according to the provisions hereof.
The Common Council shall cause to be made specifications in detail for the class of work to be done and the material to be used whenever it shall decide that certain sidewalks, curbs or gutters shall be graded, paved or constructed, and no work shall hereafter be done according to this article unless specifications in detail for the amount and nature of work to be done, the materials to be used and the localities wherein such work shall be constructed are first introduced and adopted by resolution of said Common Council.
After the adoption of the specifications and the resolutions above-mentioned, it shall be the duty of the Common Council to advertise for bids for the furnishing of materials and the work of grading, paving, curbing or repairing the sidewalks, curbs or gutters in localities previously determined and specified, in two newspapers printed and circulated in Atlantic County, according to law, and the bids, when awarded, shall be given to the lowest responsible bidder.
In case of neglect or refusal of any owner or trustee of any lot fronting or adjoining on any sidewalks to grade, pave, curb or repair the same or construct gutters thereat according to resolution as above-mentioned, within 30 days thereof, Common Council shall cause notices to be sent to each owner or trustee of such lot or lots, requiring such owner or trustee to grade, pave, curb or repair such sidewalk, curb or gutter to conform to the provisions of this article, within 30 days from the date of such notice, specifying therein that, in default thereof, Common Council will cause such sidewalk, curb or gutter to be graded, paved or repaired forthwith, and shall, at the expiration of said 30 days, authorize the City Clerk to prepare an order upon the contractor (the person who had been the lowest responsible bidder) to do the work according to the specifications, and such contractor shall, in his/her discretion, use such old materials found upon the sidewalk as he/she may deem to be suitable and in conformity with this article and other ordinances of Egg Harbor City; such order shall be authorized by resolution of Common Council and shall be made in triplicate; one copy shall be filed with the City Treasurer, one copy shall be filed with the City Clerk and the third copy shall be the warrant for the contractor to do the work.
The costs of the grading, paving or repairing of the sidewalks, curbs and gutters as herein provided shall be paid out of the appropriations for such purposes or from temporary loans or from the proceeds of bonds issued to provide funds for such construction and repair in the first instance.
All assessments for grading, paving or repairing of the sidewalks, curbs or gutters according to the requirements of this article shall be certified to Common Council in detail and shall be paid upon resolution; all certifications and resolutions for payment of the work shall be handed to the Treasurer of Egg Harbor City, to be entered in a book kept for the purpose, and shall be and remain a first lien on properties upon which they are laid until paid and shall bear interest at the rate of 6% per annum after 60 days from the date of certification. The Tax Collector shall give notice of the amount due, as in the case of taxes and other assessments, to the owner or owners of the respective properties, and said properties shall be subject to the tax lien and liable to be sold for nonpayment of taxes as in other cases.
All payments made by the owners in lieu of the tax lien as above-mentioned shall be credited to the account kept by the Treasurer for the purpose and be appropriated for the payment of a temporary loan or of the bonds issued to defray the first cost of the work.