[Adopted 6-17-1968 by Ord. No. 68-3 as
Ch. 68, Art. I, of the 1968 Code]
[Amended 9-22-1975 by Ord. No. 75-13; 12-18-1978 by Ord. No. 78-22]
A.
In and on any public street, highway, avenue or alley
in the Borough of Berlin, the grade of which has been lawfully established
or which may hereafter be established, curbs and sidewalks shall be
set, reset, laid, relaid, altered, repaired, constructed and maintained
at the expense of the abutting property owner as provided by law,
except as hereinafter may be set forth.
B.
Should the Borough install, cause to be installed
or permit any developer to install or cause to be installed any concrete
curbing and/or sidewalk, said installation shall conform to all applicable
Borough ordinances.
C.
The Borough of Berlin shall be responsible for any
maintenance or repair deemed necessary by the Mayor and Borough Council
of concrete curbing and/or sidewalks as follows:
D.
The Borough of Berlin shall assume responsibility
for the maintenance and repair of all curbing radii within the boundaries
of the Borough of Berlin.
E.
All new or replacement curbing radii shall be depressed
to accommodate the handicapped.
All curbs and sidewalks hereafter set, reset,
laid, relaid, altered, repaired or constructed shall be done in compliance
with the regulations of the Borough Council of the Borough of Berlin
and under the supervision of such officer or employee as the Borough
Council may designate.
[Amended 9-22-1975 by Ord. No. 75-13]
Whenever any curb and/or sidewalk is required to be set, reset, laid, relaid, repaired or constructed in the Borough of Berlin, application for a permit by the owner of the abutting lands or his contractor shall first be made to the Borough Engineer, specifying grade, dimensions, mix materials and the method of construction or repair to be used. The Borough Clerk, or such officer or agent as Borough Council of the Borough of Berlin shall designate, shall examine said specifications and register his approval or disapproval thereof. Upon approval thereof, a permit shall be issued to the applicant for such construction and/or repairs. When curb repairs are specified according to § 287-5 no permit shall be required.
[Amended 9-22-1975 by Ord. No. 75-13; 9-18-2006 by Ord. No. 2006-16]
The owners of lots, tracts and parcels of land
fronting or abutting on any public street, highway, avenue or alley
in the Borough of Berlin shall, at his, her or their own cost and
expense, set, reset, lay, relay, alter, construct and maintain curbs
and sidewalks and repair sidewalks in front of or adjoining the same
when notified to do so by the Code Enforcement Official, pursuant
to a resolution adopted by the Mayor and Borough Council of the Borough
of Berlin.
[Amended 9-22-1975 by Ord. No. 75-13]
Whenever the Borough Council of the Borough
of Berlin shall deem necessary the construction, repair, alteration
or relaying of any curb or sidewalk in the Borough of Berlin, it shall,
by resolution, specify the improvements to be made. Upon adoption
of such resolution by the Borough Council, the Borough Clerk shall
cause a notice, in writing, to be served upon the owners or occupiers
of the lands so designated, requiring the necessary specified work
to said sidewalks and/or curbs to be done by the owners or occupiers
within a period of not less than 30 days nor more than 90 days from
date of service of such notice. Notice shall not be sent to abutting
property owners when curb repairs are specified by the Council.
A.
Service of such notice upon owners or occupiers of
said lands shall be made as follows:
(1)
If residents in the Borough of Berlin, either personally
or by leaving the same at their usual place of residence with a member
of the family above the age of 14 years; or by leaving the same at
their usual place of business with a member of their business staff
above the age of 14 years.
(2)
If such lands are occupied, a copy of such notice
shall be attached to the improvements thereon in a conspicuous place.
(3)
If such lands are unoccupied and the owners are not
residents of the Borough of Berlin, said notice shall be mailed, postage
prepaid, to his, her or their last known post office address.
(4)
If the owners are nonresidents of the Borough of Berlin,
and his, her or their post office address cannot be ascertained with
reasonable certainty, then said notice shall be published in a newspaper
circulating in the Borough of Berlin, at least twice and not less
than 40 days before the improvements and/or repairs are made by the
Borough.
(5)
Each such notice shall contain a description of the
property affected thereby, sufficiently definite to identify the same,
the plate block and lot by which said property is designated on the
official tax map of the Borough; the name or names of the owner and/or
owners as recorded in the tax records of the Borough; and a brief
description of the required improvement and/or repairs.
B.
Proof of service of any such notice shall be filed
within 10 days thereafter with the Collector of Taxes of the Borough
of Berlin.
If the owners or occupants of such lands shall
not comply with the requirements of such notice, it shall be lawful
for the Borough Council of the Borough of Berlin to cause the required
work to be done by it and under its jurisdiction; upon completion
of said work the cost thereof shall be certified by the Borough Clerk
under oath to Borough Council. The Borough Clerk shall submit the
same to Borough Council at its next regular meeting; said Borough
Council shall examine such report and the proof of service of the
notice requiring said work to be done; if satisfied of the correctness
thereof; said Borough Council shall approve and confirm such report,
and direct that it be filed with the Collector of Taxes of the Borough,
who shall record the amount of such costs as a sidewalk and/or curb
assessment in the book in which other assessments of the Borough of
Berlin are recorded. Said costs shall thereupon be and become a lien
upon the abutting lands adjacent to which said work was done, to the
extent that assessments for such improvements are liens, and shall
bear interest from the date of such certification and confirmation
at the same rate which other unpaid liens held by the Borough of Berlin
bear.
The costs of any such improvement, if it becomes
a lien as set forth herein, shall be collected in the manner provided
by law for the collection of other assessments or liens; in addition
thereto, the Borough of Berlin, at its option, may maintain an action
to recover the amount thereof against the owner of said lands in any
court of competent jurisdiction.
The Borough Council may each year include in
its annual budget or Tax Ordinance an appropriation for curb and/or
sidewalk repairs in addition to any existing maintenance fund, out
of which appropriation all costs of construction and/or repairs of
curbs and sidewalks during the year may be charged when it becomes
necessary for Borough Council to make such repairs and/or construction
pursuant hereto. All moneys recovered or paid to the Borough under
the provisions of this article (other than penalties as hereinafter
set forth) shall be credited to the account out of which such work
was paid.
The failure of any applicant, owner, his contractor,
servant or agent to construct or repair such curbs and/or sidewalks
in accordance with the specifications filed by him for the purpose
of securing a permit under the terms of this article shall be and
constitute a violation hereof.
Any person violating the terms of this article
or refusing or neglecting to comply with any of the provisions hereof
shall, upon conviction therefor, be subject to a fine of not more
than $100 or imprisonment in the County Jail of the County of Camden
for a period of not more than 30 days, or both, in the discretion
of the court before whom such conviction is had.
Each day's persistence in the things or acts
prohibited by this article shall be and constitute a separate and
distinct offense, subject to any and all of the penalties prescribed
in this article.
