[Adopted 2-11-2008 by Ord. No. 2008-1]
The owner or owners of any property which abuts or is adjacent to a public sidewalk on Route 32 in the Town of Montville shall be responsible for maintaining, as hereinafter required, that portion of the sidewalk which is adjacent to their property.
Such owner shall remove accumulation of ice or snow within 12 hours after such snow and/or ice has ceased to accumulate, or within such periods as the Public Works Director of the Town of Montville may order, and if such owner shall fail to remove said accumulation of snow and ice as aforesaid, the Public Works Director may cause the same to be done, the expense thereof to be paid by the Town and charged to the owner. Upon failure of such owner to pay such costs, the Public Works Director shall, within 60 days after the removal of the snow and ice, file liens against the property or properties affected. Such liens may be enforced and collected in the same manner as is provided by law for the collection and enforcement of tax liens. Until it is practical to remove ice, it must be temporarily sanded with an abrasive or chemical substance (excluding pure salt compound) in accordance with the requirements of this article.
Such owner shall be responsible for maintaining such public sidewalk free from all obstructions or materials which may be hazardous to pedestrian traffic such as dirt, sand, leaves, branches, grass clippings, rocks or any other materials. If the owner shall fail to maintain the sidewalk free from the accumulation of such materials, the Public Works Director may cause the same to be done and may collect the cost thereof from said owner as above provided.
Any person violating the terms of this article shall be fined $75 for each offense.
Notwithstanding the provisions of Section 13a-149 of the General Statutes or any other general statute or public act, the Town of Montville shall not be liable to any person injured in person or property caused by the presence of ice or snow on a public sidewalk on Route 32 unless the Town is the owner or person in possession and control of land abutting such sidewalk, other than land used as a highway or street, provided the Town of Montville 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 on Route 32 shall have the same duty of care with respect to the presence of ice and snow on such sidewalk toward the portion of the sidewalk abutting his property as the municipality had prior to January 27, 1989, pursuant to the provisions of Connecticut General Statutes, Section 7-163a, 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 shall be brought but within two years from the date when the injury is first sustained.
The Public Works Director shall designate, with the approval of the Town Council, one or more sidewalk inspectors to assist him in carrying out the provisions of this article.
Any person aggrieved by any decision of the Public Works Director under this article shall have the right of appeal to the Town Council.