[Adopted 4-16-1962 by Ord. No. 8]
A.
The City Council of the City of West Haven may order the owner or
owners of any land fronting on any street or highway within said City
to construct and repair all sidewalks or curbs adjacent to such land
in the manner and within the time specified in such order and at such
grade as said City may have established in such street or highway.
The expense of establishing such grade or curbline, exclusive of damages,
shall be paid by said City.
B.
If such owner or owners shall neglect or refuse to comply with such
order, it shall be the duty of the City to perform the work required
by said order, and the expense so incurred shall, from the time when
said Council begins to act and incur expense in the premises, be and
continue a lien in favor of said City upon such land until paid, and
the amount of such expense may be recovered in an action in the name
of the City.
[Amended 2-27-1989 by Ord. No. 278]
Before the City Council shall order the construction or repair
of any sidewalk or curb, said Council shall hold a public hearing
thereon, after giving notice thereof by filing a copy of the proposed
order with a notice of the time and place of hearing thereon in the
City Clerk's office at least five days before said hearing and by
causing a copy of said proposed order and notice to be placed in the
hands of or mailed by registered or certified mail to the owner or
owners of said property. Upon petition of 10% of the owners of property
on any street within said city, requesting said Council to establish
or alter sidewalks or curbs in such street, said Council shall hold
a public hearing thereon, after giving notice to the public and the
property owners as hereinbefore provided.
[Amended 2-27-1989 by Ord. No. 278]
After such hearing, the Council may make a finding of fact that
public necessity and convenience require that such sidewalk or curb
be constructed and may order the construction or repair of said sidewalk
or curb and shall appraise all damages therefor to the person or persons
entitled to such damages and shall assess benefits therefor upon the
person or persons whose land is specially benefited and shall, within
10 days after making such order and appraising damages and assessing
benefits therefor, cause said order to be filed for record in the
City Clerk's office with a certificate, attested by the Clerk of the
City Council, setting forth the damages appraised and benefits assessed
on account thereof and shall, within said 10 days, give notice to
all persons in whose favor damages are appraised or against whose
land benefits are assessed by causing a copy of such order and certificate
to be placed in the hands of or mailed by registered or certified
mail directed to the owner or owners of said property.
Any person aggrieved by any such order or by the appraisal of
damages or assessment of benefits, or both, may, within 20 days from
the receipt of a copy of such finding and order, appeal from such
order or appraisal of damages or assessment of benefits, or both,
to the Court of Common Pleas for New Haven County. Such appeal shall
be by petition, in writing, setting forth the whole of such order
or the appraisal and assessment appealed from, together with the appellant's
prayer for relief, with a citation attached thereto, signed by any
authority authorized to sign writs and returnable before said Court
at the same time and served and returned in the same manner as is
required in case of a summons in a civil action returnable before
said Court Service of such citation shall be upon the City Clerk.
Said Court may, by committee or otherwise, review and revoke,
modify or affirm such order and may confirm such appraisal or assessment,
reappraise such damages or reassess such benefits or make such order
in the premises as equity may require and may allow costs to either
party or neither party at its discretion; and said Court, in the consideration
of such appeal, may inquire into the validity of all proceedings upon
which the action appealed from is based.
In case any land in front of which any sidewalk or curb is ordered
or against which an assessment of benefits is to be made is owned
or held by two or more persons jointly or two or more persons have
different estates therein, the Council may apportion between such
persons the amount of such assessment or the expense of carrying out
such order.
