Editor's Note: The ordinance adopted 10-10-1984 is a compilation and revision of previous ordinances adopted 9-12-1961, 1-14-1964, 10-27-1964, 2-13-1974 and 2-10-1982.
Pursuant to the provisions of Sections 7-117, 7-118 and 7-119 of the General Statutes of Connecticut, Revision of 1958, as amended, the Town of Branford hereby adopts and enacts this Sidewalk Ordinance.
Editor's Note: Sections 7-117, 7-118 and 7-119 of the General Statutes of Connecticut, were repealed 1982, P.A. 82-327.
The Board of Selectmen shall determine where and when sidewalks shall be installed on existing Town roads in the Town of Branford.
The Town Engineer or his agent shall designate the required specifications for sidewalks, shall superintend all original construction and repairs and shall act as Sidewalk Inspector and Enforcement Officer.
Except as hereinafter set forth, the Town of Branford shall pay the entire cost of original installation of sidewalks from an annual capital improvement appropriation to be requested in the annual budget.
Citizens may request the Town Engineer to investigate the need for sidewalks, or the Town Engineer may suggest sidewalk construction proposals.
Any property owner may apply for a permit to build a sidewalk on Town property, said application to be made to the Town Engineer. If with the advice of the Town Engineer, the Board of Selectmen finds that the sidewalk is not necessary, the Town will not pay the cost. Subject to the approval of the Board of Selectmen, the property owner may build the sidewalk at his own expense in accordance with the specifications of the Town Engineer.
Preparation of bids. The Town Engineer will prepare the necessary engineering information upon which bids will be based, including grades, elevations, specifications for paving material, retaining walls, steps, curbs, driveways, loam, seeding, fill, guardrails and excavation, etc., to furnish an installation to the satisfaction of the Town.
Competitive bidding. The Board of Selectmen will request competitive bids from contractors for the complete installation of sidewalks in each area designated.
Every person owning any land, upon or adjacent to which there is a sidewalk, shall keep such sidewalk at all times in a safe and convenient condition for the use of the public and shall remove therefrom all obstructions in any way endangering or impeding the public travel upon the same. Any substantial defect which may constitute a risk to public safety shall be reported by said property owner to the Director of Public Works. If deemed necessary, any repairs or replacement shall be the responsibility of the Town of Branford. Where driveways or other appurtenant uses are coincident with the sidewalk, any associated costs for repair or replacement over and above that of the basic sidewalk construction shall be the responsibility of the abutting property owner.
All repairs to sidewalks shall be in conformity with such specifications as may be set by the Town Engineer from time to time.
If, after notice, the property owner fails to comply with Subsection A hereof, the Board of Selectmen shall cause the same to be done at the expense of the property owner. Said expense shall be a lien upon the premises adjoining such sidewalk, and the Selectmen shall cause a certificate of lien to be recorded in the Town Clerk's office within 60 days from the incurring of such expense.
Snow and ice removal.
The owner, tenant, occupant or any person having the care of any land or building adjoining any sidewalk or gutter shall, after the cessation of any storm of snow, ice or sleet, if in the daytime, within eight hours, and if in the night, before 11:00 a.m. in the forenoon succeeding, cause the same to be removed from so much of such sidewalk as shall be paved, concreted, cemented or worked. If the same cannot be wholly removed as required by this section, the owner, tenant, occupant or person having the care of such land shall sprinkle and keep thereon sand or other proper substance so that such sidewalk shall be and remain safe for travel, until such time as said snow, ice or sleet can be thoroughly removed therefrom when it shall be the duty of the owner, tenant, occupant or persons having the care of such land to forthwith remove the same.
After the expiration of the time limited as aforesaid for removing such snow, ice or sleet, the Selectmen shall cause the same to be removed and the expense thereof shall be a lien upon the premises adjoining such sidewalk. The Selectmen shall cause a certificate of lien to be recorded in the Town Clerk's office within 60 days from the completion of such removal.
No property owner shall permit snow or ice, removed from his property, to be placed on any public highway of the Town of Branford in such manner or to such an extent as to unreasonably impede or cause inconvenience to travel on the public highways in the Town of Branford.
Drainage of roofs and paved areas, yards and courts, sump pumps and footing drains and other open areas on any property owner's property shall not be discharged in a manner that creates a public nuisance. For purposes of this subsection, "public nuisance" means any discharge as set forth above that causes a health or safety hazard or unreasonably impedes or causes inconvenience to travel of public highways in the Town of Branford.
Every person or corporation who shall violate any provision of this section shall pay a penalty of $25 for each such violation. Each day that such violation shall continue shall be considered a separate offense.
The provisions of Public Act No. 81-340 are hereby adopted and are set forth in Subsection E(1), (2) and (3) below:
Notwithstanding the provisions of Section 13a-149 of the General Statutes or any other general statutes, or any other general statute or special act, the Town of Branford 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 of Branford is the owner or the person in possession and control of land abutting such sidewalk, other than land used as a highway or street, provided that the Town of Branford shall be liable for its affirmative acts with respect to such sidewalk.
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 abutting his property as the municipality had prior to the effective date of this section, adopted pursuant to the provisions of Public Act No. 81-340 and shall be liable to persons injured in person or property where a breach of said duty is the proximate cause of said injury.
No action to recover damages for injury to the person or to property caused by the presence of ice or snow on a public sidewalk against a person who owns or is in possession and control of land abutting a public sidewalk be brought but within two years from the date when the injury is first sustained.
The Planning and Zoning Commission shall have jurisdiction over the installation of sidewalks in subdivisions and may, on its own initiative, order sidewalks installed in any subdivision at the expense of the developer thereof, said sidewalk to be constructed in accordance with specifications on file with the Town Engineer's office. Said sidewalk shall be installed no closer than four feet from the aforementioned curb, and said sidewalk shall be at least five feet in width. The area between said curb and sidewalk shall be loamed, graded and seeded with grass.