[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:

OWNER - 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.

SIDEWALK - 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.