(Sp. Laws 1913, No. 352, § 113.
It shall be the duty of the city to make and keep in repair
all town and city public buildings, streets, and roads within said
city, and the Council of said city shall have the power necessary
to carry out the provisions of this section and shall have authority
over all streets and highways and parts of the same within said city,
and shall have power to lay out, open, make, repair, grade, drain,
alter, and discontinue all highways and streets within the limits
of said city.
(Sp. Laws 1913, No. 352, § 114; Sp. Laws 1915,
No. 367, § 7.)
Before the Council shall determine to lay out, alter, extend,
enlarge, change, or discontinue any highway, street, avenue, or public
walk, or grade thereof, or designate any building line[1] in said city, it shall cause a notice, signed by the Mayor
or Clerk of said city, describing in general terms such proposed action
and specifying a time when and place where all persons whose land
is proposed to be taken therefor, or which may be affected thereby,
may appear and be heard in relation thereto, to be published not less
than twice in a newspaper published in said city, at least five days
before the time fixed in such notice for such hearing, and such publication
shall be legal and sufficient notice to persons and corporations whose
land it is proposed to take for such layout or alteration, or over
which said line is proposed to be established. At the time and place
mentioned in said notice, and at any meeting adjourned therefrom,
said Council, either by itself or by a Committee appointed by it,
shall hear all parties in interest who may appear and desire to be
heard in relation thereto. If, after such hearing, said Council shall
determine that public convenience and necessity require the layout,
alteration, extension, enlargement, or discontinuance of such highway,
street, avenue, or wall, or grade thereof, or the designation of such
building line, is shall appoint a Committee, whose duty it shall be
to make such layout or alteration, or designate such building line,
and report the same to said Council, which report shall embody a descriptive
survey of such highway, avenue, street, walk, grade, line, or lines,
and an estimate and appraisal of benefits or damages, as the case
may be, resulting or accruing to any person or persons from the taking
of such land for public use as aforesaid, or from such layout, alteration,
extension, enlargement, change, discontinuance, or grade, or such
designation of such line or lines. The Council shall thereupon give
at least 10 days' notice to every person interested by reason
of his land being taken or benefited by the proposed improvement,
by publishing the same in a newspaper published in said city, stating
therein the time when and place where said Council will hear objections
to such layout, alteration, designation, survey, estimate, or appraisal
and at the time and place specified in such notice said Council shall
hear all parties interested in relation to the acceptance of such
report of its Committee, wholly or in part, and in regard to any modification
thereof. Said Council, having heard all the parties who may appear,
may accept such report or return the same to its said Committee for
revision; or said Council may, itself, revise, modify, or change such
layout, alteration, designation, survey, estimate, or appraisal, and
recast and revise such report. After such Council has determined upon
a descriptive survey of such highway, avenue, street, walk, or grade,
or building line or lines, and upon the assessment of benefits or
appraisal of damages, as the case may be, resulting or accruing to
any person or persons from the taking of such land for public use
as aforesaid, or from such layout, alteration, extension, enlargement,
discontinuance, or grade, or such designation of such line or lines,
the Clerk of the city shall record the same and cause a notice, signed
by the Mayor or Clerk of said city, stating the names of the persons
so assessed, with the amount of their respective assessments, to be
published not less than three times in a newspaper published in said
city. The Council shall order the damages so appraised to be paid
to the person to whom they are appraised or their authorized agents
from the City Treasury within 60 days thereafter, and in case any
person shall neglect or refuse to receive the same it shall be retained
in the City Treasury subject to his order, provided the whole amount
of the benefits assessed for any particular layout, alteration, extension,
enlargement, discontinuance, or designation shall not exceed the whole
amount of damages appraised on account of said layout, alteration,
extension, enlargement, discontinuance, or designation, with the estimated
cost of making said improvements. After the payment or tender of the
damages, as hereinbefore provided, the city shall proceed with said
improvement, and upon completion thereof, and certification of such
completion by the City Engineer[2] to the Mayor, said assessments shall forthwith become due and payable to said city, and the Mayor shall issue his warrant to the Tax Collector for the collection thereof, and any assessment which shall not be paid within 60 days thereafter shall be a lien upon the land or other property against which said assessment was made, and said lien shall be continued and may be foreclosed as provided in § 1-266 hereof.
(Sp. Laws 1913, No. 352, § 115.)
Any person aggrieved by an assessment of benefits or appraisal
of damages made by said Council under the provisions of the foregoing
section may, within 30 days after notice given to him of such assessment
or appraisal, appeal from such assessment or appraisal to any Judge
of the Superior Court, by written petition with a citation attached,
returnable in not less than six nor more than 20 days after its date,
which shall be served at least six days before the return day upon
the Clerk of the city; and any number of persons affected by any such
assessment or appraisal may join in such appeal. Such Judge may, by
a Committee or otherwise, reassess said benefits or damages and correct
any errors in the report or schedule of such assessment and award
costs. Such Judge shall return all papers connected with the case
to the Clerk of the Superior Court for Fairfield County, and said
Clerk shall issue execution for the amount of damages or benefits
fixed by such reassessment and for costs, to be taxed upon civil process,
and shall cause copies of the papers connected with the case to be
delivered to the Clerk of said city.
(Sp. Laws 1913, No. 352, § 116.)
The Council shall have power, whenever specific appropriations are made therefor, to pave any street or highway in the Fourth Taxing District of said city at the expense of said district, or may assess not to exceed 1/4 of such expense of paving each of said streets, except the intersections thereof with other streets or parts of streets so paved, upon the persons whose property abuts upon such street or part of street upon one side thereof, and 1/4 of such expense upon the persons whose property abuts upon such street or part of street upon the other side thereof, in such amounts as shall, in the judgment of said Council, be proportionate to the benefits accruing to said property from said work, and said Council shall estimate and assess, in the manner herein provided, the particular amount of such expense to be paid by every person, designating the land belonging to each person assessed which will be so benefited. Before said Council shall undertake any such improvement to be followed by an assessment of benefits it shall give notice to all persons in interest, as provided in § 1-439, in cases of layouts or highways, of a hearing as to the public necessity of such proposed improvement, and at such hearing shall submit an estimate of the cost of such work. If after such hearing the Council shall determine to proceed with the contemplated work and to make thereon assessment of benefits and damages such assessment shall be made in the manner provided in § 1-439, so far as the same shall apply. All persons aggrieved by the assessment so made by the Council shall have the right to appeal in the manner provided by § 1-440, provided no property assessed under this section shall be again assessed for a similar purpose for a period of 10 years from the date of the first assessment.
[1]
Editor's Note: For Fourth Taxing District see Art. II.
(Sp. Laws 1913, No. 352, § 126.)
The Council shall have power, as public necessity and convenience
may require, to designate the course, width, height, and level of
all sidewalks and gutters in and upon the streets and highways of
the Fourth Taxing District of said city, and may, at the expense of
said city, lay out, construct, raise, flag, or make in a suitable
manner any crosswalk in the Fourth Taxing District of said city. Said
Council may order the owner or owners of the lands and buildings fronting
on sidewalks to repair or make such sidewalks on their several frontages
according to the course, width, height, and level designated as aforesaid,
to flag, concrete, or pave the same in such manner as said Council
shall direct, and to provide such safeguards thereon as public safety
shall require, and may limit such time as may be deemed reasonable
for the carrying out of any such order, notice of which shall be given
by leaving a true and attested copy of such order personally with
or at the place of abode of such owner within five days after the
passage of same; and if such owner be a nonresident of said city,
a true and attested copy of said order deposited in the post office
in said city, postage paid, addressed to him at his place of residence,
if the same be known, and a like true and attested copy left with
his agent [the] or the person having charge of such property or occupying
the same shall be a legal notice to such owner. A statement of said
width height, courses, and levels, certified to by the City Engineer,[1] shall be kept on file in the office of the Clerk, and
whenever any sidewalk has been laid by order of the Council, in accordance
with the grade established and recorded as prescribed and it is deemed
necessary by said Council at any time within 10 years thereafter,
to alter said grade or relay said sidewalk, such alteration or relaying
shall be done at the expense of the city, provided, where such an
alteration, change of grade, or relaying of any sidewalk is made necessary
by the alterations of any street line, the expense thereof shall be
borne by said city, and provided the provisions of this section shall
extend and apply to sidewalks already made, paved, concreted, and
flagged in accordance with the orders of the Council.
(Sp. Laws 1913, No. 352, § 127.)
If the owner of any land shall neglect to repair any sidewalk
along his frontage in the manner and time said Council directs said
Council may employ any person to do the same, and the expense thereof
shall be paid by the owner. The Mayor may issue a warrant authorizing
the Tax Collector to collect such sum.
(Sp. Laws 1945, No. 216, § 1.)
The Commissioner of Public Works in the City of Norwalk may,
from time to time, order and require the owner or owners of land fronting
on any street or highway in said city, at the expense of such owner
or owners, to make, construct and lay sidewalks, curbs, and gutters
in such dimensions and material and at such grade or grades as said
Commissioner shall designate and order, and to repair, reconstruct
or relay the same; and to seed or sod with grass or otherwise fill
the space between the walks and the curb line or the property line
on any street or highway and to keep the growing grass in such space
trimmed and cut. Said Commissioner may limit the time for carrying
out any order made by him, and notice of any such order shall be given
by mailing from the post office at Norwalk or South Norwalk a copy
of such order to the last-known usual place of abode of the owner
or owners of the property affected thereby, or to the agent or person
having charge of or occupying the premises, or by leaving a copy of
the order with the owner or owner's agent or person having charge
of or occupying the premises. If any owner or owner's agent fails
to comply with the order within the time specified or limited therein,
said Commissioner may execute such order according to the specifications
set forth therein, at the initial expense of the city, and then assess
the cost of executing such order against such owner and against the
property upon which or adjoining which such sidewalk, curb or gutter
was laid, relaid, constructed, reconstructed or repaired. Such cost,
with interest at the rate of 6% per annum, from the publication of
the notice of assessment by said Commissioner as hereinafter set forth,
shall be a debt of the owner or owners of such property and shall
be and remain a lien upon such property until full payment, plus interest
and lien fees as in the case of tax liens, has been received by said
city. Notice of such debt and assessment shall be given as follows:
within 30 days after the work is completed, said Commissioner shall
cause to be published in a newspaper having a circulation in said
city a notice giving the names of the owner or owners of the property,
as appears from the land records of the city, the street on which
the property is located, and the amount of the assessment laid by
him. Thereafter and within 30 days after such publication, said Commissioner
shall notify the Mayor that such work has been completed and of the
amounts of such assessments and the names of those from whom such
assessments are due and the properties against which the assessments
have been laid and the Mayor shall thereupon issue his warrant to
the Tax Collector for the collection thereof. Any assessment which
shall not be paid within 60 days after such publication by said Commissioner
shall be a lien from the date of such publication upon the land or
other property against which such assessment was made and such lien
shall be continued and may be foreclosed in the manner provided by
law for the collection of tax liens, provided a certificate thereof
setting forth the name or names of the owner or owners of the property,
a description of the property on which the lien exists, the amount
claimed, the date of publication of such notice and the nature of
the work for which such lien is claimed, signed by the Tax Collector,
shall be lodged with the Town Clerk within three months after such
notice of such assessment was published in the newspaper by said Commissioner.
(Sp. Laws 1945, No. 216, § 2.)
In lieu of ordering or requiring the owner or owners of land
fronting on any street or highway to make, lay, construct, repair,
relay or reconstruct sidewalks, curbs or gutters as hereinbefore set
forth, said Commissioner may, after public hearing, notice of which
shall be published in a newspaper having a circulation in said city
at least 10 days prior to said hearing, make, construct, lay, repair,
reconstruct or relay sidewalks, curbs and gutters, or any of them
and apportion the cost thereof as determined by him and assess the
same against the owner or owners of the property upon which or adjoining
which such sidewalks, curb or gutter was laid, relaid, constructed,
reconstructed or repaired. Such cost, with interest at the rate of
6% per annum, from the date of the publication of the notice of assessment
by said Commissioner as hereinafter set forth, shall be a debt of
the owner or owners of such property and shall be and remain a lien
upon such property until full payment, plus interest and lien fees
as in the case of tax liens, has been received by said city. Notice
of such debt and assessment shall be given as follows: within 30 days
after the work is completed, said Commissioner shall cause to be published
in a newspaper having a circulation in said city a notice giving the
name or names of the owner or owners of the property as appears from
the land records of the city the street on which the property is located
and the amount of the assessment laid by him. Thereafter and within
30 days after such publication, the Commissioner shall notify the
Mayor that such work has been completed and the amounts of such assessments
and the names of those from whom such assessments are due and the
properties against which the assessments have been laid, and the Mayor
shall thereupon issue his warrant to the Tax Collector for the collection
thereof. Any assessment which has not been paid within 60 days after
such publication of such notice by said Commissioner shall be a lien
from the date of such publication upon the land or other property
against which such assessment was laid and such lien shall be continued
and may be foreclosed in the manner provided by law for the collection
of tax liens, provided a certificate thereof setting forth the name
or names of the owner or owners of the property, a description of
the property on which the lien exists, the amount claimed, the date
of the publication of such notice and the nature of the work for which
such lien is claimed, signed by the Tax Collector, shall be lodged
with the Town Clerk within three months after such notice of such
assessment was published in the newspaper by said Commissioner.
(Sp. Laws 1945, No. 216, § 3.)
Any person aggrieved by any assessment made by said Commissioner
under the provisions of the foregoing sections, may, within 30 days
after the publication of the notice of assessment, appeal from such
assessment to any Judge of the Superior Court or the Court of Common
Pleas by a written petition with citation attached, returnable in
not less than six nor more than 20 days after its date, which shall
be served at least six days before the return day upon the Clerk of
the City of Norwalk; and any number of persons affected by any such
assessment may join in such appeal. Such Judge may, by a Committee
or otherwise, review such assessment and correct any error or errors
therein and award costs.
(Sp. Laws 1945, No. 216, § 4.)
Any and all liens securing assessments for sidewalks, curbs
and gutters and for sewers heretofore filed, for and on behalf of
the City of Norwalk, and which have been signed by the Tax Collector
instead of the Mayor or City Clerk are and shall be valid to the same
extent and in the same manner as if such liens had been originally
signed by the Mayor or Clerk.
(Sp. Laws 1945, No. 216, § 5.)
(Sp. Laws 1945, No. 263, § 1.)
The Common Council of the City of Norwalk, upon recommendation
of the Commissioner of Public Works of said city, may establish or
alter and reestablish curblines and grades of any street or highway,
and the course, width and height of curbs and gutters, in said town,
upon the City Clerk's giving notice of such proposed action by
advertisement thereof not less than five days in advance of such action.
