[Adopted BOS 6-10-1992[1]]
[1]
Editor's Note: This ordinance superseded former
Art. III, Sidewalk Maintenance, adopted BOS 9-9-1980.
It shall be the duty of the Director of Public
Works to establish a program to repair or replace all sidewalks which,
in his opinion, in accordance with details and specifications prescribed
by the Department of Public Works, are of such a condition that they
warrant repair or replacement and to seek sufficient appropriations
to fund said program.
Whenever the Director of Public Works determines
that any sidewalk is in need of repair or replacement to make it safe
for public travel, and verifies that sufficient funding is available,
he shall notify the adjacent landowner that the Town will undertake
the necessary work and that an assessment will be made in accordance
with the provisions of this article. The notice shall be mailed by
certified mail, return receipt requested, or hand-delivered to the
owner of any property to be affected thereby at such owner's address
as shown in the last completed Grand List of the municipality or at
any later address of which the Director of Public Works may have knowledge
and shall include a description of the work and an estimate of the
cost of work to be assessed against the landowner. Any owner of land
who is aggrieved by any notice made in accordance with the above may
petition the Town Manager for rescission or modification of the aforesaid
notice. Such appeal shall be in writing and must be received by the
Town Manager within 10 calendar days after the notice has been mailed
by the Director of Public Works. If no such appeal is made or if such
appeal shall be denied, the Director of Public Works shall have the
defective sidewalks corrected.
A.
At the conclusion of such installation, the Director
of Public Works shall calculate the total cost of the installation
and the cost to be assessed against each property owner. The cost
for sidewalk construction shall be calculated as the total cost of
all work associated with replacing the sidewalk abutting the property.
The cost shall be assessed upon the adjoining property as follows:
(1)
Costs associated with damage by trees located
within the Town right-of-way shall be borne wholly by the Town.
(2)
Costs associated with damage caused by surface
water runoff within the public right-of-way shall be borne wholly
by the Town.
(3)
Costs associated with damage caused by surface
water runoff from the adjoining property shall be borne wholly by
the property owner.
(4)
Costs associated with damage which, in the opinion
of the Director of Public Works, are caused by vehicles making deliveries
to the property or by other action of the property owner shall be
borne wholly by the property owner.
(5)
Costs associated with the replacement of driveway
aprons shall be borne wholly by the property owner.
(6)
Costs associated with the replacement of handicapped
ramps shall be borne wholly by the Town.
(7)
Costs associated with the reconstruction of
sidewalks in order to modify or revise the alignment, location, elevation,
width or cross-section of said sidewalks shall be borne wholly by
the Town.
B.
A lot with frontage on more than one street shall
be assessed for the frontage along only one street. The assessment
shall be computed for that street which results in the greatest assessment.
D.
After the Director of Public Works has computed the
cost of such assessment, he shall deliver or mail to the owner of
the abutting property a bill for said assessment.
A.
The owner of any lands so assessed shall pay such
assessment within 30 days from the date of notice of such assessment;
provided, however, that if the assessment shall exceed the sum of
$200, he may notify the Tax Collector within that time of his election
to pay the amount so assessed in installments as follows: in annual
payments including interest at the rate of 9% per annum for a period
not exceeding 10 years from the date of notice of such assessment.
B.
All assessments and/or installment payments unpaid
after 30 days from the due date shall be delinquent and shall be subject
to interest from such due date at the interest rate and in the manner
provided by the General Statutes of the State of Connecticut for delinquent
property taxes.
C.
If the property owner elects to pay the assessment
by the installment plan or otherwise fails to pay said assessment
within 30 days from the date of notice of assessment, then said assessment
shall be a lien upon the premises adjoining such sidewalk, provided
that the Director of Public Works and/or Tax Collector shall cause
a certificate of lien to be recorded in the Town Clerk's office within
60 days from the date of such notice.
The Director of Public Works is hereby authorized
and empowered to adopt from time to time such reasonable rules, regulations
and specifications for the repair, replacement or construction of
sidewalks, driveway aprons, curbs and handicapped ramps as may be
in the best interest of the Town.
No person, firm or corporation shall construct, repair, replace or otherwise perform any work on any sidewalk, driveway apron, curb or handicapped ramp within the public highways and streets of the Town of Cromwell which work may be described by the Director of Public Works in accordance with § 204-15.3 of this article unless such person, firm or corporation shall have obtained from the Director of Public Works a permit to do such work.
