[Adopted by the Board of Selectmen 5-2-2016 [1]]
[1]
Editor's Note: This ordinance also superseded former Art.
IV, Snow and Ice Removal, adopted 2-4-2008 by the Board of Selectmen.
The following words shall, unless the context requires otherwise,
be construed and understood as follows:
Any portion of the street, usually lying on either side thereof,
between the curb and the adjacent property line, intended for the
use and passage of pedestrians.
Includes avenues, highways, roads, alleys, lanes, bridges
and the approaches thereto, and all other public thoroughfares in
the Town, and shall also mean all that part thereof from property
line to property line of the premises abutting thereon.
Any snow or sleet upon any sidewalk in the Town, or any ice
upon such sidewalks, shall be cleared or caused to be cleared by the
owner of the land, building or premises adjoining or fronting upon
such sidewalk or connected therewith.
The clearance of snow, sleet or ice, as provided for in § 192-28, shall be completed within 24 hours following the cessation of the fall of snow, sleet or rain.
If snow, sleet or ice cannot be wholly cleared, as provided in § 192-28, the owner shall clear so much thereof as is reasonably possible and provide a passageway for the safe passage of pedestrians, and sprinkle sufficient sand, salt or other proper substance in such quantity over the passageway and keep the same in a safe condition for public travel at all times.
A.
In addition to any other penalty provided by law, if any owner or occupant fails to comply with the provisions of §§ 192-28, 192-29 and 192-30, the Public Works Department and its employees may clear snow and ice from such sidewalks. The expense of such clearing shall be a lien upon the premises adjoining and abutting on such sidewalks, and the Board of Selectmen may cause a certificate of lien therefor to be recorded in the Town Clerk's office.
B.
The expenses of clearing snow and ice by the Public Works Department as provided in Subsection A of this section and the cost of the lien therefor may be entered in the next succeeding rate bill for taxes against the owner of the premises with the tax assessed upon such premises, and if the expense and the cost of the lien is paid with such taxes, the lien shall be released; and if not so paid, the lien may be foreclosed in the manner hereinbefore provided.
Any person owning or occupying any lands in the Town abutting
or fronting a sidewalk shall keep such sidewalk, at all times, in
safe condition and repair for the use of the public and free from
obstruction and defects.
A.
If any sidewalk obstruction or defect exists, the Board of Selectmen
shall notify the owner, agent or occupant of the abutting premises
to remove such obstruction or defect and, if the same is not corrected
within 30 days after such notice, the Town may perform the same.
B.
The expense of such removal or correction by the Town shall be a
lien upon such abutting property in favor of the Town, which may be
continued if a certificate of lien is filed with the Town Clerk, and
the same may be collected by the Town by any proper form of legal
or equitable action, including foreclosure, in the same manner as
for the collection of real estate taxes.
A.
This section shall be construed to include, but is not limited to, any private owner or lawful possessor of property who demands, orders, directs, instructs, requests or allows any agent(s), employees(s), or independent contractor(s) to remove snow, ice, or debris from private property in such a manner that they are found to have violated Subsection B of this section.
Any person who violates this article or refuses to or neglects to comply with the same shall be issued a citation by the Brookfield Police Department and fined the sum of $100 for each offense. In case of a continuing violation, each day's continuance thereof shall be deemed a separate offense. [Formerly § 192-28.]
A.
Pursuant to the provisions of § 7-163a of the Connecticut
General Statutes, notwithstanding the provision of § 13a-149
or any other general statute or special act, the Town of Brookfield
shall not be liable for any personal injury or property damage caused
by the presence of ice or snow on a public sidewalk unless the Town
of Brookfield is the owner of and exercises control over land abutting
such sidewalk, provided the Town shall be liable for its affirmative
acts with respect to such sidewalks.
B.
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 and snow on such sidewalk abutting his property as
the municipality had prior to the effective date of this article and
shall be liable for any personal injury or property damage where a
breach of said duty is the proximate cause of said injury.
C.
No action to recover damages for personal injury or property damage
caused by the presence of ice and 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 or damage is first sustained.
