[1]
Editor's Note: See also Charter, Art. VIII,
Public Ways and Sidewalks.
The Mayor and Council shall have the power:
A.
To establish and change, from time to time, the grade
lines, width and construction materials of any public way or part
thereof.
B.
To grade, lay out, open, extend and make new public
ways.
C.
To grade, straighten, widen, alter, improve or close
any existing public way or part thereof.
D.
To pave, surface, repave or resurface any public way
or part thereof.
The Mayor and Council shall have the power:
A.
To establish and change, from time to time, the grade
lines, width and construction materials of any sidewalk, curb or gutter
or part thereof.
B.
To grade, lay out, construct, reconstruct, pave, repave,
repair, extend or otherwise alter the sidewalks along any public way
or part thereof.
C.
To install, repair and maintain curbs and/or gutters
along any public way or part thereof.
D.
To assess the cost of any projects under this section
against the abutting property owners in the manner provided in this
chapter.
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 determines 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.
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 shall be reviewed as deemed necessary.
B.
Payment in 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 Director of
Finance.
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. Any person violating the purposes
of this section shall be guilty of a misdemeanor, punishable by a
fine not exceeding $1,000 or by imprisonment for a term not exceeding
six months, or both, and may be required to restore the public way,
sidewalk, curb or gutter to its original condition at his own expense.
