[Adopted 12-18-1979 by Ord. No. 79-111 as Ch. 23, Art. 2, of the 1979 Revised General Ordinances of Paterson]
[Amended 11-12-1985 by Ord. No. 85-095]
It is hereby made the duty of the respective owners of land fronting or abutting upon the line of the streets of the City, except as provided in § 435-10, hereinafter designated in this article, or portions of said streets, to:
No person shall open, tear up or tunnel beneath any sidewalk within the City for any purpose whatsoever without first obtaining a permit to do so issued by the Streets Division Superintendent.
Any person desiring to pave or repair any sidewalk shall obtain a permit from the Streets Division Superintendent and shall notify said Streets Division Superintendent at least 24 hours in advance of construction operations so that City inspection may be made.
[Amended 6-9-1999 by Ord. No. 99-033; 11-9-1999 by Ord. No. 99-058]
The permit fee to lay sidewalks, curbs, gutters and driveways in the City shall be $25 for each 25 feet of frontage or part thereof.
[Amended 11-12-1985 by Ord. No. 85-095; 9-5-1995 by Ord. No. 95-052; 1-22-2013 by Ord. No. 13-004]
The full cost of the paving of said sidewalks shall be borne by the abutting property owner except under the following circumstances:
Said work is done by a nonprofit housing corporation or a private for-profit corporation assisted by the State of New Jersey or a federal agency and the work is performed in connection with the construction of owner-occupied low- or moderate-income housing, in which event, if authorized by City resolution, the cost of the work may be assumed, in part or in whole, by the Department of Community Development.
Said work is done under the auspices of and funding is provided by the Neighborhood Preservation Program.
Materials furnished and the workmanship performed in the construction of all sidewalks shall be in strict conformity to the standard specifications for sidewalk construction adopted by the Department of Public Works and current at the time of construction, said standard specifications being on file at the office of the Department of Public Works.
All sidewalks within the City shall be paved with bluestone or concrete flagging to a width of at least five feet except that the sidewalks on all streets and avenues within the following described district shall be paved to the full width of the sidewalk: Beginning at the intersection of Spruce Street and Grand Street and running thence along Grand Street to Essex Street, thence along Essex Street to Straight Street, thence along Straight Street to the Passaic River, thence southwesterly along the south bank of said river to the upper raceway, thence southwesterly along the upper raceway to the end thereof, thence southerly at right angles to said raceway to Barbour Street, thence along Barbour Street to Spruce Street, thence along Spruce Street to Grand Street and place of beginning, including both sides of streets and avenues above named and in addition thereto the following streets and avenues, namely Main Street from Grand Street to Mary Street; Market Street from Straight Street to N.Y.S. & W. Railroad; North Main Street from Temple Street to East Main Street; West Broadway from West Broadway Bridge to Union Avenue.
No sidewalk shall be paved or repaired partly with bluestone flagging and partly with concrete flagging; provided, however, that where driveways cross any sidewalk, such sidewalk shall be paved with reinforced concrete of the character stipulated in the standard specifications referred to in § 435-10B.
In connection with the paving of any sidewalk, there shall be provided adjacent to living trees an unpaved sidewalk area 2 1/2 feet wide and of a length approved by the Streets Division Superintendent.
All sidewalk doors, covers and fixtures and all parts thereof shall be set flush with the surface of the sidewalk, and all metal surfaces built into or placed on any sidewalk shall have an approved roughened surface.
Whenever abutting land exists below the grade of the sidewalk, a substantial guardrail or fence shall be erected and maintained by the abutting property owner, of such height and length as may be approved by the Streets Division Superintendent.
Whenever the Department of Public Works shall determine that any sidewalk, driveway apron or curb requires paving or repairs, the Department shall cause notice thereof, signed by the Superintendent, to be served upon the owner of the abutting land, directing him to do the work within 30 days after service of the notice. In addition, the notice shall specify in sufficient detail the character of the paving or repair to be made; set forth a description of the property affected sufficiently definite to identify it; give opportunity to the owner to be heard within said thirty-day period and to offer satisfactory reason why such work should not be done. The service of notice and proof of service thereof shall be made in accordance with the requirements of N.J.S.A. 40:65-3 to 40:65-5.
If the owner of the abutting land has failed to pave or repair within 30 days after service of the notice to do so, described in § 435-15, and has failed to show good and sufficient reasons why such work should not be done, the Department of Public Works may have the work done at the cost and expense of the owner. The Streets Division Superintendent shall keep an accurate account of the cost thereof. If the cost or any part thereof is to be assessed upon the several properties fronting on the improvement, he shall assess such costs on them in proportion to the respective frontages thereon and shall file a report thereof, under oath, with the City Clerk and a duplicate thereof with the Finance Director. The Finance Director, after notice to the owner at the time and place for examination of the report, shall examine such report and, if properly made, confirm and file it with the Revenue Collections Director. Such assessments shall bear interest from the date set at the time of confirmation at the rate specified for delinquent real estate taxes and shall be and become a lien on the real estate assessed.
The notice to the owner of the time and place of the examination of the report referred to in Subsection A of this section shall be served in the same manner as is required for service of notices before confirmation by the Department of Finance of assessments for benefit for local improvements, but failure to give any such notice shall not invalidate the proceedings.
[Amended 11-12-1985 by Ord. No. 85-094A; 6-14-1988 by Ord. No. 88-017; 1-22-2013 by Ord. No. 13-004]
The abutting property owner on all streets in the City shall be responsible for the construction, maintenance and repair of curbs in front of his land, except as provided in Subsection B below.
The full cost of the construction, maintenance or repair of the curbs shall be borne by the abutting property owner except where said work is done by a nonprofit housing corporation or a private for-profit corporation assisted by the State of New Jersey or a federal agency and the work is performed in connection with the construction of owner-occupied low- or moderate-income housing, in which event, if authorized by City Council resolution, the cost of the work may be assumed, in part or in whole, by the Department of Community Development.
The holder of a permit to construct a curb shall notify the Streets Division Superintendent at least 24 hours in advance of construction operations so that an inspection may be made by the City.
The materials furnished and the workmanship performed in construction of the curbs shall be in strict conformity with the standard specifications for curbs furnished by the City Engineer current at the time of construction, on file in the office of the Streets Division Superintendent.
In case any landowner within the City fails to construct a curb abutting his land in the manner provided in Subsection A of this section within 30 days after the service by the Streets Division Superintendent or his designee of a notice in the form and manner required by law (N.J.S.A. 40:65-2 et seq.), the Director of Public Works may cause the curb to be constructed and the cost and expense thereof shall be assessed against the property so improved, as provided by the aforesaid statute.
When any street in the City shall be opened to its full width, each sidewalk belonging to such street shall be 1/5 of the entire width of such street.
When any street is ordered to be graded, it shall be graded to its full width, including sidewalks, unless otherwise specified in the ordinance authorizing such grading.
The grade of the center or crown of streets in the City shall be according to details on file in the City Engineer's office.
[Amended 12-19-1995 by Ord. No. 95-068]
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $1,000, by imprisonment for a term not exceeding 90 days or by a period of community service for not more than 90 days, or any combination thereof. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.