[HISTORY: Adopted by the Mayor and Council of the Town of Smithsburg as indicated in article histories. Amendments noted where applicable.]
Article I Sidewalks and Gutters
Article II Snow and Ice Removal
[Adopted 2-3-2004 as Ch. 15, Title 2, Subtitle 1, of the 2004 Code]
All sidewalk pavements on streets less than 40 feet in width shall be four feet in width from the house or terrace to the curb, not including the curb. All sidewalks pavements on streets over 40 feet in width shall be five feet in width from the house or terrace to the curb, not including the curb. The surface of the sidewalk shall slope toward the roadway at a grade of 1/4 inch per foot.
No cellar door shall be allowed on any sidewalk unless the same is made level with such pavement, and no cellar door shall be allowed to be more than four feet in length.
All sidewalks shall be made of concrete or brick, well laid in sand or concrete, and no other material shall be used in making any pavement except by prior written permission and consent from the Mayor and Council.
All pavements and sidewalks shall be supported along the outer edge thereof by concrete curbing, and no other material or support shall be used unless a special permit therefor shall be first granted by the Mayor and Council. All concrete curbing and sidewalks shall be constructed in accordance with the latest standard detail drawings prepared by or for the Town and as the same may be amended and approved from time to time.
It shall be the duty of the owner or owners of every lot or premises situated and lying within the corporate limits of the Town and fronting on any street to make or cause to be made, in conformity with such grade as may be furnished by the Mayor and Council, a pavement or sidewalk and gutter in front of such lot or premises, such pavement or sidewalk and gutter to be made of such material and in such manner as provided for by this article, unless the Mayor and Council grant permission to use other material. It shall further be the duty of such owner or owners to keep such pavement or sidewalk and gutter in good and substantial repair.
Before the owner or owners of any lot or premises fronting upon any street within the Town proceed to repair or pave any sidewalk or gutter in front of any such lot or premises, such owner or owners shall first apply to the Mayor and Council for the grade of such pavement, sidewalk or gutter.
Whenever in the judgment of a duly authorized official of the Town it may be necessary to establish and maintain a proper grade for or to pave or repair the pavement, sidewalk or curb adjoining any lot or premises upon any street within the Town, said official shall issue a notice requiring the owner or owners of any such lot or premises to do so within the time specified in such notice, which time shall be as follows:
Within 45 days from the date of service of the notice, when personal service is made;
Within 45 days from the date of service of the notice, in case said owner or owners are unknown or cannot be found or reside outside of the corporate limits of the Town; or
Within 45 days from the date of posting of the notice, in cases where the posting of the notice is authorized.
The notice shall be made out by a duly authorized official of the Town and may be served upon the owner or owners of said lot or premises in person, or upon his or their agent, guardian or legal representative, or by mailing the same to the address listed for real property taxation purposes as maintained by the County Treasurer for Washington County, Maryland. If mailed, the date of service shall be presumed to be the third business day after the date of mailing.
In case said owner or owners are unknown, cannot be found, or there is no known address for the owner or owners, or an agent, guardian or legal representative, the notice may be posted on the premises involved by a duly authorized official of the Town.
A duly authorized official of the Town may grant an extension of time for performance of the work required pursuant to a notice sent under the provisions of this section. In addition, the Mayor and Council, for good cause shown by the owner or owners of any such lot or premises who have been issued a notice, may extend the time for repair for good cause shown in writing to the Mayor and Council. It shall be within the sole discretion of the Mayor and Council to determine whether the owner or owners of any such lot or premises who has/have been issued a notice pursuant to this section has/have shown good cause for an extension of time.
If the owner or owners of any such lot or premises adjoining any street in the Town shall neglect or refuse to establish and maintain a proper grade, pave or repair the pavement, sidewalk or curb adjoining such lot or premises within the period of 45 days after service of the notice as herein provided, in the manner as aforesaid, or within 45 days from the date of the posted notice as authorized in Subsection C above, the Town may cause the work which is the subject of the notice to be performed, according to the notice aforesaid, and the costs thereof shall be paid by the owner or owners of the adjoining property.
If paid by the Town, the Town shall bill the costs for compliance with the notice to the owner or owners of the adjoining lot or premises, which said costs shall be a lien upon the adjoining lot or premises, as additional real property taxes. Unless repaid, said costs shall be collected as unpaid real property taxes.
For the purposes of this section, a duly authorized official of the Town is any one of the following: the Director of the Town's Public Works Department or a duly authorized substitute, the Mayor of the Town, the Town Clerk-Treasurer or the Town Manager.
[Adopted 2-3-2004 as Ch. 13, Title 4, of the 2004 Code]
This article shall be known as and may be cited as the "Smithsburg Snow Removal Ordinance."
No person shall cause or permit to be deposited any snow or ice on or against any fire hydrant.
After cessation of the snowfall or condition causing the ice, no person shall cause or permit to be deposited any snow or ice in or on any area of a street after such area has been plowed, treated or cleared by snow removal equipment on behalf of the Town, county or state.
If any person violates any of the terms of the sections of this article, such person, upon conviction thereof, shall be guilty of an infraction and shall be fined $50 for a first offense. For a second offense within a calendar year, a person convicted shall be subject to a fine of $100. For a third or subsequent offense within a calendar year, a person convicted shall be subject to a fine of $250. In addition thereto, the Town may invoice the cost incurred by the Town to have the violation corrected to the adjacent property owner, which costs, if not paid within 30 days, shall be collected as additional unpaid real estate property taxes.