New sidewalks in highways, streets or other
public places where artificial sidewalks have not been constructed
shall be laid out and located by the Planning and Zoning Commission
pursuant to the provisions of Chapter 45 of the General Statutes,
as now or hereafter amended.
The survey for any new sidewalk specified in
the preceding section, and the rough grade required therefor shall
be made and prepared by the town, without expense to the owner of
the abutting land.
[Amended 9-17-2008, effective 10-3-2008]
A.
Any artificial sidewalk laid out and located pursuant to § 54-43 of this Code shall be constructed and at all times maintained and repaired by the owner of the abutting property at his own cost and expense whenever the sidewalk is installed by the owner or at the owner's request. The Town shall bear financial responsibility for the construction, maintenance and repair of any sidewalk that is installed on the Town's initiative.
B.
When sidewalks are installed by the Town at the request
of abutting property owners, the abutting property owners may elect
to pay the cost of newly constructed sidewalks by payment of 1/5 of
the total costs as a down payment and the remainder of the cost in
four equal annual installments. Such costs shall be collected by the
Tax Collector upon warrants issued by the Board of Selectmen. Failure
to pay any one installment upon the date fixed by the warrant shall
cause all remaining payments to be due immediately.
In the construction, maintenance or repair of
any artificial sidewalk under the provisions of this Article, the
Board of Selectmen or its agent, shall prescribe the material with
which any such sidewalk shall be constructed, maintained or repaired
and the width and grade of any such sidewalk and may prescribe the
curb line to which any such sidewalk shall be constructed and maintained.
[Amended 9-17-2008, effective 10-3-2008]
In the case of any sidewalk installed by or at the request of the abutting property owner under the provisions of § 54-45, upon the default or neglect of any such owner of land to construct, maintain or repair any sidewalk in front of such premises and to construct and maintain a suitable guardrail or fence, for 15 days after written notice from the Board of Selectmen or its agents so to do, the Board may construct or repair such sidewalk, and the expense of such construction or repair shall be a lien upon the premises adjoining such sidewalk, provided that the Board of Selectmen shall cause a certificate of lien against such premises for the amount of such costs to be recorded in the Town Clerk's office within 60 days from the completion of such construction, maintenance or repair of such sidewalk pursuant to Section 632 of the General Statutes, and such lien shall be prior to all other liens, except tax liens or other sidewalk liens of prior date or filing.
[Added 9-17-2008,[1] effective 10-3-2008]
Applicability. The following subsections of
this section shall apply to public sidewalks in the retail or business
zones, as classified under the New Canaan Zoning Regulations and Zoning
Map, excluding sidewalks abutting single-family or two-family residential
uses. The Town shall be responsible for snow removal from public sidewalks
abutting single-family or two-family residential uses in the business
zones, as well as from public sidewalks in the residential zones.
A.
Pursuant to § 7-163a of the Connecticut
General Statutes, and notwithstanding the provisions of § 13a-149
of the Connecticut General Statutes or any other general statute or
special act, the Town of New Canaan shall not be liable to any person
injured in person or property caused by the presence of ice or snow
on a public sidewalk unless the Town is the owner or person in possession
and control of the land abutting such sidewalk other than land used
as a highway or street, provided the Town shall be liable for its
affirmative acts with respect to such sidewalk
B.
The owner or person in possession and control of land
abutting a public sidewalk shall have the same duty of care with respect
to the presence of ice or snow on such sidewalk toward the portion
of the sidewalk abutting such property as the Town had prior to the
effective date of this ordinance adopted pursuant to the provisions
of Connecticut General Statutes § 7-163a and shall be liable
to persons injured in person or property where a breach of said duty
is the proximate cause of said injury.
C.
The owner or person in possession and control of land
abutting a public sidewalk shall cause to be removed therefrom any
and all snow, sleet or ice as soon as reasonably practical, but no
later than six hours of daylight after the same shall have stopped
falling, been deposited or formed. Where snow or ice cannot be removed
entirely from a sidewalk, such owner or person shall cause sand or
salt or other suitable substance to be spread over the snow or ice
to render such sidewalk reasonably safe for public travel.
D.
If any such owner or person fails, neglects or refuses
to remove snow or ice from a public sidewalk, or to apply sand, salt
or other substance as required within the time limits above, then
the Town of New Canaan may cause the same to be done at the expense
of such owner or person. Notice of any such violation and expense
shall be mailed to the responsible owner or person within 10 days
of the violation. If any such charge is not paid by the owner within
30 days thereafter, the same shall be a lien upon the premises abutting
the sidewalk provided that the Town of New Canaan shall cause a certificate
of lien to be recorded in the Town Clerk's office within 60 days of
the date of mailing of the notice of violation. Such lien may be enforced
and collected in the same manner as is provided by law for the collection
and enforcement of tax liens.
[1]
Editor's Note: This ordinance also repealed
former § 54-48, Artificial sidewalks to be maintained by
owners.
[Added 9-17-2008,[1] effective 10-3-2008]
The owner of land abutting on any highway, street
or public place in front of whose premises an artificial sidewalk
is constructed shall not install or place, or allow any tenants or
occupants to install or place, any obstructions on the sidewalk that
restrict traffic visibility or pedestrian passage upon the sidewalk
without written permission from the Board of Selectmen. Examples of
such obstructions include, without limitation, benches, chairs, tables,
planters, signs, and retail or commercial displays.
[1]
Editor's Note: This ordinance also repealed
former § 54-49, Owners to make passageway safe.
