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« Delaware Avenue curb job….Part II.
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Horrendous, dangerous curb on Delaware Ave. finally under repair…but who pays?

September 16, 2023 by Blogfinger

9/15/23. This morning a private firm began work to repair terrible conditions at the west side of Delaware from Main to Mt. Hermon Way. Blogfinger photos.

 

Delaware Avenue between Mt. Hermon and Main. The work turns the corner at Mt. Hermon west  and east.    9/15/23 Blogfinger photo.

 

By Paul Goldfinger of Blogfinger who gratefully watched this action from his porch.

This curb was very dangerous aa it was located between the sidewalk and the street on a steep cliffside creating great danger in getting in or out of a vehicle, and especially after the usual rain induced flooding.   The homeowner didn’t spring for the cost of repairs even though he might have been liable along with the CMA/Township.    The Township owns the roads but not the curbs or sidewalks, but it’s all connected.

Here is a link to a Blogfinger post on this subject from 2018:

BF on curbside risks 2018

When we moved in 22 years ago we were forced to re-do all the sidewalks on two sides of our corner house.

The owner of this historic Main/Delaware home (above)  was aware of the horrible conditions on Delaware next to his home  where people walked and parked.  Presumably he hoped that someone like the CMA or Township would pay for safety and appearances.

So now we see action, but what occurred to force this much needed work to be done now? And who pays?  This is important because there are broken curbs and sidewalks all over town.

We understand that road work is planned for this area, so maybe the Town was forced to do this job in preparedness of later road work even though the CMA probably owns the curbs (?)

When governance was handed over to Neptune  in 1980 after  a variety of legal suits and NJ Supreme Court action, there had to be understandings between the CMA and the Township.   Neptune got ownership of the roads, but was it ever legally established as to who would take care of curbs and sidewalks?  I heard that there were some “loose ends” and that this was one of them.

The Mayor should finally get off his butt and show some interest in Ocean Grove, and this would be a fitting place to start by clarifying who bears legal responsibility for curbs and sidewalks in the Grove along with information as to who gets sued if there is an accident due to such negligence.  There are legal and financial issues as well as public safety concerns.

This is from a law firm on the Net:

In most slip and fall accident cases, the victim must prove that negligence by the property owner caused the accident. Since sidewalks are often considered public property, liability for a sidewalk slip and fall may attach to the governmental entity responsible for maintaining the sidewalk.

And, finally Mayor what’s-your-name, do you have the same rules of responsibility for the rest of Neptune Township?  After all you give free garbage pails to all the town but us.

 

Manhattan is a mess now, so just substitute Ocean Grove and a few other words in this song.  For example no jazz in OG. (except for Blogfinger).   And this town will let you down.   By the way, Frankie Randall is a Jersey guy.

 

FRANKIE RANDALL

 

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Posted in Blogfinger Presents | 4 Comments

4 Responses

  1. on September 16, 2023 at 8:56 pm David H. Fox

    I happened to come down to OG today and saw the new concrete curb in question. I am not aware what the rules are in Neptune.

    In NYC, the city takes care of the curb, but property owners must do the sidewalks. These frequently go right up to the sidewalk. My area was built on landfill and the concrete slabs subside or get pushed up by the street tree roots.

    In recent years the city rebuilt the sidewalk corners in the neighborhood with ramps to street level.


  2. on September 16, 2023 at 12:34 pm Blogfinger

    A source says that the CMA will pay for curb job. But why this one in particular and is this a precedence for repairs of curbing all over town?


  3. on September 15, 2023 at 11:06 am Blogfinger

    In 1980 all CMA ordinances (blue laws) were cancelled except two which Neptune Twp. retained. One was the Sunday beach closing, but did that become a Neptune ordinance? Evidently not since the NTPD won’t enforce it.

    The other was the sale of alcohol being banned. So how come it is legal in the rest of Neptune Township?

    And the 1887 “law”. (ordinance) that “lot holders must maintain sidewalks and curbs” cannot possibly be enforced now.

    Blogfinger has no investigative reporters or fact checkers, so any lawyers out there who know about theses issues?


  4. on September 15, 2023 at 10:54 am David H. Fox

    Early OGCMA reports mention the problem of wagons cutting corners and creating ruts on properties. To reduce this problem, the Association promoted the curbing of streets in 1875.

    “From the crumbling character of the soil outside of the Grove, it became evident that the sidewalks could not be kept in proper condition, without curbing. A plan has been devised, having the merit of cheapness and considerable durability. It is to set in small posts along the edge of the sidewalks, and to them spike a plank two inches thick and one foot wide. The materials are purchased at a cost of ten cents per foot running measure, and for the front of an ordinary lot costs only three dollars.”

    To conserve resources, curbing was sometimes placed only at corners. In 1884 the Association was purchasing the keels of wrecked ships that were often of oak. However, it was found that even this would last only a few years.

    By 1878, some lot owners were installing bluestone curbs at their own expense. In1884, it was reported that 1,500 feet of stone curbing had been laid by private parties during the year.

    On 11 Oct. 1887, the OGCMA issued an ordinance requiring lot holders to maintain sidewalks and curbs. If not done, the Association would do the work and charge back the cost.

    In the 1930s, the use of concrete for sidewalks became common.



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