[Adopted 10-5-2011 (§ F.6 of the Town Code)]
The First Selectman shall provide for an inspection of Town-accepted
sidewalks and shall order the owner or occupants of property adjoining
any defective sidewalk to repair the same. If such defect is not repaired
within 30 days from the date of order thereof, the First Selectman
may order the repair of such defect, and cost of such repair shall
be collected by the Town of Marlborough from the defaulting property
owner. (12/88)
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The tenant, lessee or any other person or entity in possession
and control of any privately owned premises.
The person, estate, corporation or any other legal entity
that owns or holds any interest in the premises. This includes all
owners, regardless of number or interest.
A natural person or any legal entity or organization recognized
as a person under Connecticut law, including communities, companies,
corporations, public or private, limited-liability companies, societies
and associations.
[Added 4-18-2017]
Any tract, parcel, lot or other subdivision of land within
the Town, with or without buildings thereon, that adjoins or fronts
on any sidewalk within the Town or borders or adjoins any street,
square or public place within the Town where there is a sidewalk.
Any paved, graded, planked or raised, or in any other way
improved, municipally owned off-road walkway intended for public use.
Pursuant to C.G.S. § 7-148(c)(6)(C)(v), each owner
or occupant of land adjacent to any sidewalk shall remove snow, ice,
sleet, debris or any other obstruction therefrom.
A.
In addition to the duty on an owner or occupant pursuant to § 7-148(c)(6)(C)(v),
an owner or occupant of any premises abutting a public sidewalk shall
remove or cause to be removed from the entire width of such sidewalk
any and all snow and ice within 24 hours after the snow event has
ceased.
B.
In any case or situation where the removal of ice is impossible or
extremely difficult, the owner or occupant shall cause such sidewalk
to be made safe for public travel by covering the same with sand or
some other suitable substance.
C.
All snow and ice accumulating in the street higher than a point four
inches below the bottom of the lowest outlet on any fire hydrant,
and within a radius of three feet from the center of such hydrant,
shall be removed by the occupant or owner of the premises fronting
on that portion of the street within 24 hours after the snow event
has ceased.
D.
No person shall throw or put, or cause to be thrown or put, any snow
or ice into or onto the traveled portion of any public street or highway
under the jurisdiction of the Town.
E.
No person shall discharge, cause a discharge, or maintain a property
from which there exists a discharge from any drain, pipe, channel
or definable concentrated stream upon any public highway, street,
road, sidewalk or public land so as to create a nuisance or hazard
to pedestrian or vehicular traffic. If an underground stormwater drainage
system abuts or passes in front of said property, the property owner
shall seek a permit from the Town to request connection of such discharge
to the existing system. If there is no stormwater drainage system
abutting the property, or if connection by the Town is denied for
any reason, the property owner must redirect and contain the water
elsewhere on the property or to another private property authorized
pursuant to a valid recorded drainage easement. No person shall make
or maintain a property containing any connection into the Town drainage
system without a permit. Any person receiving written notice from
the Town of a violation of this subsection shall immediately cease
to discharge said water unless the notice expressly authorizes a longer
time to correct the violation.
[Added 4-18-2017]
A.
This section is adopted pursuant to C.G.S. § 7-163a.
B.
The Town of Marlborough shall not be liable to any person injured
in person or property caused by the presence of ice or snow on a public
sidewalk unless the Town is the owner or in possession and control
of land abutting such sidewalk.
C.
The owner, occupant or person in possession of land abutting a public
sidewalk shall have the same duty of care with respect to the presence
of ice or snow on such sidewalk toward the portion of the sidewalk
abutting his property as the Town of Marlborough had prior to the
effective date of this article, and such owner, occupant or person
in possession shall be liable to persons injured in person or property
where a breach of said duty is a proximate cause of said injury.
A.
Whenever any owner or occupant, as herein defined, whose duty it
is to remove snow, ice, sleet, debris or any other obstruction or
to otherwise make sidewalks safe for public travel, as herein provided,
shall fail, refuse or neglect to comply with the same or shall otherwise
violate any provision of this article, he shall be issued a citation
and fined $75 for each offense. The citation must be paid upon receipt.
B.
Each and every day of refusal or neglect to comply with such provisions
shall be deemed a separate offense.
C.
Any owner or occupant issued a citation pursuant to this article
shall be entitled to a hearing pursuant to the provisions of C.G.S.
§ 7-152c, as revised.
D.
The Board of Selectmen shall appoint a hearing officer(s) pursuant
to C.G.S. § 7-152c, as revised. The hearing officer(s) will
conduct the hearing as provided for in C.G.S. § 7-152c,
as revised.
[Amended 4-18-2017]
A.
Pursuant to C.G.S. § 7-148(c)(6)(C)(v), in the event any
owner or occupant of premises, as defined herein, shall fail, neglect
or refuse to remove snow, ice, sleet, debris or any other obstruction
from any sidewalk or to make any sidewalk safe for public travel or
otherwise fails, neglects or refuses to comply with the provisions
of this article, the First Selectman or his designee, upon such failure,
neglect or refusal, may remove or cause to be removed any obstruction
from such sidewalk or otherwise make it safe for public travel.
B.
Pursuant to C.G.S. § 7-148(c)(6)(C)(v), if the illegal
discharge of water onto any public highway, street, road or sidewalk
creates, or may create, a nuisance or hazard to pedestrian or vehicular
traffic, thereby obstructing safe access to that public work, the
Town may take immediate remedial action. Any and all expense of such
remedial action shall be payable by the property owner, or if caused
by a person who is not the owner shall be payable jointly and severally
by that person and by the owner of the property containing the discharge.
If such illegal discharge does not make an immediate nuisance or hazard,
and the corrective action outlined in a notice by the Town is not
made within the time frame specified in said notification, the change
may be made by the Town and the expense thereof shall be and remain,
until paid in full with interest at a rate allowed by the Connecticut
General Statutes per annum.
C.
If a correction is not made to permanently remedy a violation of § 306-9E within one construction season (as determined by the Department of Public Works), the Town, at its sole option, may undertake said correction after providing 30 days' notice to the owner of the property of the specific correction to be performed by the Department of Public Works. Any person aggrieved by a decision of the Department of Public Works to perform such work may appeal the decision to the Board of Selectmen within 30 days of the receipt of said notice. Nothing in this section shall be construed to relieve a person from immediately remedying a violation of § 306-9E as ordered pursuant to this article.
D.
The costs of such removal or other necessary action performed pursuant
to this article shall be a lien upon the premises concerned, provided
the First Selectman shall cause a certificate of lien to be recorded
in the office of the Town Clerk within 30 days from such removal or
other necessary action.
