[Adopted 10-5-2015 as § 175-139 of the 2015 Code]
Whenever, in judgment of the Mayor and Commissioners of Westernport, it is necessary or advisable for the benefit of the citizens of Westernport that a curb, gutter or sidewalk should be constructed by the adjoining property owner along any street, lane or alley of the Town of Westernport, they may so order that the same be constructed and maintained by and at the expense of the abutting property owner, and that the construction of the same shall be of such materials and of such size and general construction and at such grade along said street, lane or alley as shall be satisfactory to the Mayor and Commissioners of Westernport, but shall conform to the general provisions and specifications herein provided therefor, unless changed by future ordinance or ordinances.
All grades for the original construction of such curbs, gutters and sidewalks shall be determined by the Mayor and Commissioners of Westernport, and drawings or other data showing the same shall be available at the office of the Town Clerk for examination by property owners or other interested parties, and no such curb, gutter or sidewalk shall be installed or altered as to grade without the permission of the Mayor and Commissioners of Westernport.
The general specifications for the construction of said curbs, gutters and sidewalks shall be as follows:
All such construction shall be of concrete of a composition acceptable to the Mayor and Commissioners of Westernport, and in every case no concrete used shall contain less than 5 1/2 sacks of cement per cubic yard of concrete, and all sidewalks shall be of a width determined by the Mayor and Commissioners of Westernport and shall not be less than five inches thick, and so constructed that no collected water from yards, house spouting, etc., may flow over the same.
All curbs and gutters shall be integral and shall be formed and poured at the same time. Curb and gutter forms supplied by the Town of Westernport shall be used, said forms to be installed by Town employees at the expense of the property owner, or said forms so furnished by the Town may be rented at a reasonable daily charge and installed by the property owner himself under the supervision and direction of the Town. Whenever said curb and gutter forms of the Town are determined by the Mayor and Commissioners to be impracticable to use, the use of the same may be waived; provided, however, that in such cases the curb and gutter must be integral and must conform generally in size, shape and contour to that resulting when such forms are used.
Curbs may be chipped down, pared down, or in any other approved manner depressed in elevation to form a driveway for a distance not exceeding 10 feet for a single driveway, 20 feet for a double driveway and 35 feet for a service station entrance; provided, however, that when finished, the sloping surface of such driveway from the depressed curb to the established grade shall not be less than three feet in length. No such driveway shall be formed by the deposit of concrete, gravel, boards, pipe or other materials against the street side of the curb, and the surface of such driveway shall be smooth and unmarred by protruding aggregate, by holes or any other surface imperfections.
Whenever any curb, gutter or sidewalk or any portion thereof shall be out of repair, out of grade or in any way dangerous to those using the same and shall need repairing, regrading or improving in some manner so as to make it safe for use or to bring it into conformity with the regular grade of nearby sidewalks then existing, or about to be constructed, and the aforesaid necessary alterations and repairs have been considered and ordered to be done at a meeting of the Mayor and Commissioners of Westernport, it shall be the duty of the bailiff of said Town to serve notice on the owner of the property abutting on said pavement needing the aforesaid alterations and repairs, and whose duty under this article is to make the same, to make such alterations and repairs as the Mayor and Commissioners of Westernport direct. Said notice shall note the improvements, repairs or alterations to be made and specify the manner of making the same and the materials to be used therein and give such reasonable time for the doing of the same as the Mayor and Commissioners shall authorize, provided that at such meeting of the Mayor and Commissioners a motion shall pass ordering said work to be done and said notice given by the bailiff.
The Commissioner of Streets and Public Property shall superintend the construction, repairs and alterations ordered to be done under this article and shall cause all work to be done in accordance with the provisions thereof, and the property owner performing such work shall, during the period of construction or alteration or in making repairs, protect such area by signs, barricade or other suitable means in order to protect all persons using or going upon said property against injury and save the Mayor and Commissioners of Westernport from any and all liability in connection therewith.
[Amended 10-1-2018 by Ord. No. 9-4-2018B]
For each and every day any construction, repairing, altering, grading or regrading or improvement contemplated by this article, and in connection therewith the proper procedure as to notice and order has been taken as provided in § 200-4 of this article, remains unattended to and the property owner has failed to proceed as directed by said order and notice, the property owner shall be guilty of a municipal infraction subject to Chapter 135 of the Code of the Town of Westernport.
At any time after 30 days have elapsed from the time for the doing of said work as set forth in the notice provided to be given in § 200-4 of this article and the improvements or changes specified and ordered remain unattended to, the Mayor and Commissioners of Westernport may proceed to do said work, charging the cost thereof to the owner or owners of the property abutting on the sidewalk whereon the work may have been done, and said costs thereof shall become a claim against said property owner to be collected by the Mayor and Commissioners of Westernport by suit or otherwise.