[Adopted 3-27-2008 by Bill No. 1-08, effective 5-12-2008 (Ch. 178, Art. I, of the 1984 Code)]
A.
Purpose: an act to provide standards for the construction, maintenance
and repair of sidewalks.
B.
Authority. This article is authorized under the provisions of Article
25, § 2 and Article 25B, § 13C of the Annotated
Code of Maryland, 1957 Edition, as amended.
C.
Jurisdiction. This article shall only apply to the unincorporated
areas of Allegany County.
Under this article, there shall be three categories of sidewalks
located on public or private property within Allegany County as follows:
A.
Sidewalks constructed in existing neighborhoods as part of urban
highway reconstruction in conjunction with the Maryland State Highway
Administration or other County-initiated sidewalk projects.
B.
Sidewalks built in a new subdivision by a developer.
C.
Sidewalks added to an existing neighborhood or property by the owners
of those properties.
This section applies to sidewalks constructed in existing neighborhoods
where sidewalks are constructed as part of urban highway reconstruction
in conjunction with the Maryland State Highway Administration or other
County initiated sidewalk project.
A.
Abutting property owners shall be responsible for sidewalk surface
maintenance, including, but not limited to, removal of leaves, weeds,
and snow.
B.
Sidewalks shall not be blocked by vehicles or other obstructions
or used as a depository for materials, waste receptacles or other
objects, nor shall sidewalks be defaced or removed.
C.
The County shall develop a program to inspect sidewalks and, when
necessary, initiate structural repairs or replacement thereof. The
expense to repair or replace these sidewalks shall be an expense borne
by the County, except if the sidewalk is damaged by the actions of
an abutting property owner or other party, in that case that party
shall be responsible for the sidewalk's repair or replacement.
A.
Approval to construct a sidewalk in a planned subdivision shall be
obtained from the County prior to construction to insure compliance
with applicable standards and codes.
B.
Owners of property abutting sidewalks shall be responsible for sidewalk
surface maintenance, including the removal of leaves, weeds, and snow.
C.
Sidewalks shall not be blocked by vehicles or other obstructions
or used as a depository for materials, waste receptacles or other
objects, nor shall sidewalks be defaced or removed.
D.
The County shall develop a program to inspect sidewalks and advise
abutting property owners when repairs or replacement is required.
E.
Owners of property abutting sidewalks in subdivisions built by developers
shall be responsible to initiate structural repairs or replacement
of sidewalks at their cost.
F.
The requirements pertaining to a property owner's responsibility
with regard to maintenance and repair/replacement of sidewalks shall
be included on the approved subdivision plat for subdivisions subject
to this section.
A.
Approval to construct a sidewalk in public right-of-way shall be
obtained from the County prior to construction to ensure compliance
with applicable standards and codes.
B.
Sidewalks installed by the owner(s) of properties in existing neighborhoods
or properties by the owners of those properties shall be the responsibility
of abutting property owners.
C.
Owners of property abutting sidewalks under this section shall be
responsible for sidewalk surface maintenance, including removal of
leaves, weeds and snow.
D.
Sidewalks shall not be blocked by vehicles or other obstructions
or used as a depository for materials, waste receptacles, or other
objects, nor shall sidewalks be defaced or removed.
E.
The County shall develop a program to inspect sidewalks located on
public property and advise abutting property owner when repairs or
replacement is required.
F.
Abutting property owners shall be responsible to initiate structural
repairs or replacement of sidewalks at their cost.
A.
The County shall establish a schedule of fines for the failures of
an abutting property owner to maintain a sidewalk pursuant to this
article and any regulations promulgated pursuant to this article.
All violations shall be considered civil infractions.
B.
Any property owner who has been given proper notice of a violation
who does not comply within a thirty-day period given to remedy any
violation shall be served with a civil infraction pursuant to authority
granted by Article 25B, § 13C of the Annotated Code of Maryland.
C.
All civil citations shall be processed in accordance with Article
25B, § 13C of the Annotated Code of Maryland. Each day that
a violation exists is considered a separate offense.
D.
Failure of an abutting property owner in a subdivision under § 461-23 above, to repair or replace a damaged sidewalk within 120 days of notice being provided to that owner by the County shall result in the County contracting for said repairs and charging the property owner for those repairs. Failure of a property owner to pay these charges may result in a lien being placed against the property by the County for the amount of said repairs; said lien shall be filed and recorded in the land records for Allegany County, Maryland. Any lien placed by the County for failure to pay for necessary repairs shall be released upon payment by the property owner of the lien and any cost charged by the Clerk of the Court for the filing of said release of lien.
E.
Sidewalks constructed on public property without County approval
shall be removed at the violator's expense.
F.
The County may institute injunction, mandamus, or other appropriate
actions, or proceedings at law or equity for the enforcement of violations
or to correct violations; and any court of competent jurisdiction
shall have the right to issue restraining orders, temporary or permanent
injunctions, mandamus, or other appropriate forms of remedy or relief.
