Town of Rock Hall, MD Article III Construction and Maintenance of Sidewalks, Curbs and Gutters

§ 196-16 Layout and construction of public ways.

The Mayor and Council shall have the power to:

A. Establish and change from time to time the grade lines, width and construction materials of any public way or part thereof.

B. Grade, lay out, open, extend and make new public ways.

C. Grade, straighten, widen, alter, improve or close any existing public way or part thereof.

D. Pave, surface, repave or resurface any public way or part thereof.

§ 196-17 Layout and construction of sidewalks, curbs and gutters.

The Mayor and Council shall have the power to:

A. Establish and change from time to time the grade lines, width and construction materials of any sidewalk, curb or gutter or part thereof.

B. Grade, lay out, construct, reconstruct, pave, repave, repair, extend or otherwise alter the sidewalks along any public way or part thereof; which work may consist of the construction and repair of landscaping, drainage systems, various utility systems, including the location or relocation of water, sewer, electric, telephone and cable transmission lines, and street and sidewalk lights.

[Amended by Ord. No. 00-05]

C. Install, repair and maintain curbs and/or gutters along any public way or part thereof.

D. Assess the cost of any projects under this section on the abutting property owners in the manner provided in this article.

§ 196-18 Responsibility of abutting property owners.

A. The Mayor and Council shall have the power to require and order the owner of any property abutting on any public way to perform any projects under this chapter, at the owner's expense, according to plans and specifications adopted by resolution of the Mayor and Council and on file in the Town office. If, after due notice and hearing, the owner fails to comply with the order within a reasonable time, the Town may do the work, and the expenses thereof shall be a lien on the property and shall draw interest after 30 days at the rate of 1% per month or fraction thereof.

B. An abutting property owner constructing a new building or substantially improving an old building upon his property shall be required, at his own expense, to provide sidewalks, curbs and gutters meeting the plans and specifications adopted by the Mayor and Council; provided, however, that exceptions may be granted in special cases wherein the Mayor and Council determine that the public interest will not be served by requiring strict adherence to the requirements of this section. In no case shall any occupancy permit required by this code be issued if there has not been compliance with this section.

§ 196-19 Apportionment of costs of work performed.

A. The cost of the work being charged shall be assessed according to the front foot of apportionment or some other equitable basis determined by the Mayor and Council. The Town shall contribute to the cost of the curb and gutter an amount determined by resolution by the Mayor and Council, which amount shall be reviewed as deemed necessary.

B. Payment and installments. Special assessments may be made payable in annual or more frequent installments over such period of time and in such manner as the Mayor and Council may decide.

C. Billing and collection. All special assessments levied under this section shall be billed and collected by the Town Clerk.

§ 196-20 Compliance with approved plans.

No public way, sidewalk, curb or gutter shall be graded or the grade changed nor shall any other work be done with respect thereto except in accordance with the plans and specifications adopted by the Mayor and Council.

§ 196-21 Right of entry.

[Added by Ord. No. 00-05]

To carry out the street and sidewalk construction and repairs authorized under the Charter and this article, Town employees, its agents and assigns, shall have the right of entry for the purpose of accomplishing said work, at all reasonable hours, upon any premises in the Town which abuts a Town street or sidewalk.

§ 196-22 Violations and penalties.

[Amended 5-5-1994 by Ord. No. 94-4]

Violations of this article shall be punishable as a municipal infraction. Violators shall be subject to a fine not to exceed $100. Repeat offenders may be assessed a fine not to exceed $200 for each offense.