ASSEMBLY, No. 280
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblymen BATEMAN and KAVANAUGH
An Act concerning municipal sidewalk improvements and amending R.S.40:65-1, R.S.40:65-3, R.S.40:65-8 and R.S.40:65-9.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.40:65-1 is amended to read as follows:
40:65-1. The governing body may make, amend, repeal and enforce ordinances:
To regulate and provide for the construction and reconstruction, paving and repaving, curbing and recurbing, repairing and improving of the sidewalks of the streets and highways of the municipality, wholly at the cost of the municipality or wholly at the cost of the owner or owners of the real estate in front of which the improvement is made, or at the cost of the municipality and such owner or owners, to prescribe the method thereof, the materials to be used therein and the inspection thereof. Wherever sidewalks are provided for only on one side of a street or highway, the ordinance may provide that both the owner or owners of the real estate in front of the improvement as well as the owner of owners of the real estate directly across the street or highway from the improvement shall share in the cost. When the grade of the street, or highway, or part thereof, shall have been previously legally established, the proposed improvement shall conform, as nearly as practicable, to such established grade. If any street, parkway or public highway so to be improved be under the control of any county board or commission, the approval of said body of the plans of improvement shall be obtained before the improvement is begun. Nothing herein contained shall be construed as permitting the governing body of any municipality to improve any road, street or highway entirely within the limits of a county park.
(cf: P.L.1958, c.133, s.1)
2. R.S.40:65-3 is amended to read as follows:
40:65-3. The notice may be served upon all owners residing in the municipality, personally, or by leaving the same at their usual place of residence with a member of the family above the age of fourteen years. In the case of infants and incompetents such 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 by the entirety, upon any one such tenant. If the owner of any such real estate is a nonresident of the municipality the notice may be served upon him personally, or upon his agent in charge of the property, or upon the occupant thereof[, or mailed to the nonresident] . Alternatively, notice may be served upon any owner by mail at his last known post-office address.
(cf: R.S.40:65-3)
3. R.S.40:65-8 is amended to read as follows:
40:65-8. The officer of the municipality in charge of such improvement shall keep an accurate account of the cost thereof and if such cost or any part thereof is to be assessed upon the several properties fronting on , or directly across the street or highway from, the improvement, shall assess such cost or the proportion thereof required to be assessed under said ordinance upon such properties in proportion to their respective frontage [thereon], and file a report thereof under oath with the municipal clerk. The governing body shall examine such report, and if properly made, confirm and file it with the officer charged with the collection of assessments, who shall record such sidewalk assessments in the book in which other assessments of the municipality are recorded. Before confirming the report the governing body shall give notice to the owner or owners named therein of the time and place fixed for examination of the report. The notice shall be served in the same manner as required for service of notices before consideration by a governing body of a municipality of assessments for benefits for local improvements, but failure to give any such notice shall not invalidate the proceedings.
(cf: P.L.1958, c.133, s.4)
4. R.S.40:65-9 is amended to read as follows:
40:65-9. Such sidewalk assessments shall bear interest from the time of confirmation at the same rate and with the same penalties for nonpayment as assessments for local improvements in the municipality, and from the confirmation thereof shall be a first and paramount lien upon the real estate assessed to the same extent and be collected and enforced in the same manner as assessments for local improvements. The governing body may provide for the payment and collection of such assessments in installments in the same manner and at the same rate of interest as assessments for local improvements are payable in installments in the municipality. No such assessments shall be invalid by reason of error in the statement or omission of the name of any owner or owners of real estate assessed, or for any other informality, where such real estate has been actually improved or is directly across the street or highway from real estate that actually has been improved.
(cf: R.S.40:65-9)
5. This act shall take effect immediately.
Changes law governing assessment charges for sidewalk improvements.