[Adopted 3-11-1980 by Ord. No. 310 as
Ch. 13, Art. 2 of the 1980 Code]
The word "owner" as used in this article shall
denote the person appearing as owner in the tax assessment records
of the county, and any notice required herein shall be deemed sufficient
notice if mailed to the owner at the address given therein. If the
owner's name or the owner's address as shown by the records is believed
by the Board of Town Commissioners to be in error, the Commissioners,
may, in addition to the notice above provided, publish a letter in
one of the newspapers printed and published in the Town "to the owner
of (the property concerned, describing it)," which letter shall contain
the information required by this article.
A.
Owners of residential and commercial use property
shall be responsible for the initial construction of new sidewalk
abutting their property.
B.
Wherever curbs and gutters have been constructed along
any street within the Town, or wherever such curbs and gutters shall
be constructed along any such street, or wherever there is an existing
sidewalk along any such street, the Board of Town Commissioners may
order and direct the property owner of the abutting property on such
street to construct new sidewalk. Such sidewalk shall be constructed
in accordance with Town standards and specifications and existing
Town policy.
C.
Should an owner fail to comply with such an order,
the Board of Town Commissioners is empowered to cause the work to
be completed and assess the cost thereof to the owner, placing a lien
upon the land which abuts the sidewalk so constructed and which may
be recovered either as a debt or in such manner as the taxes of the
Town are recoverable.
Where the Board of Town Commissioners desires
a new sidewalk to be constructed, a written notice shall be given
by the Town to the owner of the property along which the sidewalk
is to be constructed of the intention of the Commissioners to compel
the construction of the new sidewalk. This notice shall set forth
in simple terms the specifications therefor.
A.
The maintenance and replacement of existing sidewalks
abutting commercial use property shall be the responsibility of the
property owner. The maintenance and replacement of existing sidewalk
abutting residential use property shall be the responsibility of the
Town of Bel Air.
B.
Wherever such maintenance or replacement is the responsibility
of the property owner abutting such sidewalk, a notice shall be sent
by the Town to such property owner setting forth in simple terms the
reasons why the maintenance or replacement is considered necessary
and shall set forth in simple terms the specifications or the nature
of the improvements.
Where the Commissioners seek to compel the repaving
or improvement of an existing sidewalk, opportunity for hearing as
to the reasonableness of the specifications or as to the reasonableness
of the repaving or improvement shall be given to the owner at a regular
meeting of the Board of Town Commissioners next following the fifth
day after the receipt of such notice by the owner. The Commissioners,
after such hearing, may require the Director of Public Works to make
any changes in the specifications which they shall deem reasonable
and proper. The Commissioners shall enter their findings and the changes
required, if any, upon their minute book within five days from the
date of such hearing and shall make the same known to the owner upon
his request at the Town office.
Sidewalks in the Town of Bel Air shall be constructed
in accordance with Town of Bel Air standards and specifications.
It shall become the duty of the owner, within 15 days from the receipt of the original notice to the owner or within 20 days from the hearing provided under § 410-12, to notify the Commissioners in writing if the owner undertakes and agrees to pave, repave or improve the sidewalk by private contract according to the Town's standard specifications.
If the owner, after giving to the Commissioners the notice as provided in § 410-14, shall not begin the paving, repaving or improvement of the sidewalk within 30 days from the date of such notice, he shall be presumed to have waived his right to do so, unless, within the thirty-day period, he shall have made written request to the Commissioners to extend the time for beginning work.
If the owner shall begin the paving, repaving
or improvement of the sidewalk and shall not complete the same within
15 days from the date of such beginning, he shall be presumed to have
waived his right to do so, unless, within the fifteen-day period,
he shall have made written request to the Commissioners to extend
the time for completing the work.
Upon receipt of a request for an extension of
time for either beginning or completing the work, the Commissioners
shall give to the owner opportunity for hearing upon such request
not later than their regular meeting next following the receipt of
such request. Their decision upon such request and the extension of
time allowed, if any, shall be entered upon their minute book and
shall be made known to the owner upon his request at the Town office.
Further extensions of time may be granted by the Commissioners upon
like request and in like manner.
A.
Upon any failure of the owner to comply with the provisions
of this article, it shall be lawful for the Director of Public Works
to pave, repave, or improve the sidewalk according to the specifications
established. Upon completion of the work, the Town shall mail to the
owner an itemized bill for the cost of the work so completed.
B.
Opportunity for a hearing as to the reasonableness and propriety of the bill mentioned in Subsection A, or as to any item thereof, shall be given to the owner at the regular meeting of the Commissioners next following the 10th day after the mailing of such bill. The Commissioners may require the Director of Public Works to make any changes in the bill which they shall deem reasonable and proper. They shall enter their findings as to the final cost of the work upon their minute book within five days from the date of such hearing and shall make the same known to the owner upon his request at the Town office.
