The owner or occupant of any property adjoining any public sidewalk
in the Town shall cause to be removed therefrom any snow, sleet and/or
ice within 18 hours after the cessation of any fall of snow or accumulation
of sleet/ice thereon or within 18 hours after sunrise when the same
has fallen in the nighttime. If the snow, sleet or ice cannot be entirely
removed, the owner or occupant shall remove so much thereof as is
reasonably possible and shall cover the sidewalk with sand or other
suitable substance thereby making the sidewalk safe for public travel.
The removal and/or sanding shall be sufficient to clear a safe path
at least three feet in width along the entire length of the sidewalk.
In the event of a severe storm, as determined by the Mayor, the time
in which to remove the snow, sleet and/or ice without penalty may
be extended through a public announcement.
If the owner or occupant violates Subsections A and/or B, a written notice of violation shall be issued indicating that, if the sidewalk is not properly cleared or made safe within 12 hours of the notice, a citation shall be issued fining the owner or occupant in accordance with this article.
If, after notice, the owner or occupant has not complied, a citation
shall be issued fining the person the sum of $25 for each offense.
Each and every day of violation of this article shall be deemed a
separate offense.
Each such person or entity who is fined under Subsection D or G shall, within the 10 days of the date when such citation is issued, pay to the Town, as a penalty for and in full satisfaction of such violation(s), the total fine due as indicated on the notice, unless an appeal is filed at the Police Department within the ten-day period, in which case the fine is held in abeyance pending the appeal.
In addition to issuing a citation, the Town may cause the snow, sleet
and/or ice to be removed or the sidewalk to be made safe, and if the
costs of same are not paid by the owner or occupant within 30 days
of billing, a lien shall be placed on the property.
No owner, occupant or his or her agent shall place or cause to be
placed any snow, sleet and/or ice that obstructs or may obstruct or
otherwise interfere with safe passage upon, or otherwise interfere
with the regular and proper maintenance or drainage of, any public
street, sidewalk or other public property in the Town.
If the Town determines that immediate removal of the snow, sleet
and/or ice from the public street, sidewalk or public property is
necessary, the Town shall remove it and bill the owner or occupant
for the cost of the removal. If the cost of same is not paid by the
owner or occupant within 30 days of billing, a lien shall be placed
on the property.
In addition to billing for the removal, the owner or occupant shall
be issued a warning that, if he/she deposits snow, sleet and/or ice
on any public street, sidewalk or public property in the future, he/she
shall be issued a citation fining him/her as follows. These fines
are in addition to paying the costs of removal by the Town.
The Police Department is authorized to issue notices and citations.
The Mayor may authorize additional Town employees the authority to
issue notices and/or citations. Further, the Mayor shall appoint a
hearing officer(s) as provided in General Statutes § 7-152c.
The hearing officer(s) shall conduct hearings on any appeal pursuant
to General Statutes § 7-152c.
Notwithstanding the provisions of § 13a-149 of the Connecticut
General Statutes or any other General Statute or Special Act, the
Town of Wallingford 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 person in possession and control of
the land abutting such sidewalk, other than land used as highway or
street, provided that the Town of Wallingford 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 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 had prior to the effective
date of this section, adopted pursuant to the provisions of § 7-163a
of the Connecticut General Statutes, 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 owner or occupant of any property adjoining any public sidewalk
within the Town limits shall not place any object on the sidewalk
which shall, in whole or in part, obstruct or render unsafe or inconvenient
the sidewalk for public travel.
Any owner or occupant who shall neglect to remove said objects from
the sidewalk within 24 hours after receiving notice shall be issued
a citation for such neglect.
The owner or occupant of any property adjacent to any public sidewalk,
public street or public right-of-way within the Town limits shall
remove any branch or limb of any tree or shrub or other plant growing
on his/her property that:
Any owner or occupant who shall neglect to remove any such branches,
limbs of any trees or shrubs or other plant growths within 10 days
after receiving notice of the violation shall be issued a citation.
Any person cited for a violation of this section shall be fined $50
for each day after notice that the owner or occupant has failed to
comply with this article.
The Mayor shall appoint a Citation Hearing Officer to hear appeals
and the hearing procedure shall be as set forth in § 7-152c(b)
of the General Statutes.
If the Town removes the obstruction, branch, limb or shrub or other
planting, the owner or occupant shall be responsible for the cost,
and, if not paid within 30 days from billing, a lien shall be placed
on the property.