[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.
A.
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.
B.
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.
