The owner or owners of any property which abuts or is adjacent
to a public sidewalk shall be responsible for maintaining that portion
of the sidewalk which is adjacent to his or her property, including
but not limited to keeping the public sidewalk free from all obstructions
or materials which may be hazardous to pedestrian traffic and repairing
any damage to such public sidewalks caused by such owner's use
of his or her property. If such owner shall fail to maintain or repair
the sidewalk, the Town Engineer may cause the same to be done and
may collect the cost thereof from said owner as above provided hereafter.
Upon default or neglect of any owner of land to maintain or
repair any sidewalk, or portion thereof, in front of his or her premises
for 15 days' after written notice from the Town Engineer to do
so, the Town may repair such sidewalk, provided that the Town shall
cause a certificate of lien against said owner's real property
that adjoins said sidewalk to be recorded on the land records in the
Town Clerk's office within 30 days from the completion of such
repair in an amount that is equal to the costs occurred by the Town
for such repair.
The Town of North Branford hereby adopts the provisions of Connecticut
General Statutes § 7-163a, as amended, an Act entitled "An
Act Concerning Municipal Liability for Ice and Snow on Public Sidewalks."
The Town of North Branford 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 of North Branford is the owner
or person in possession and control of land abutting such sidewalk,
other than land used as a highway or street, provided further that
the Town of North Branford 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 municipality had prior to
the effective date of this article 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 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.
A.Â
All owners, entities, or persons in possession and control of property
that adjoins any public sidewalk shall remove the snow and ice accumulated
on it within 24 hours after the cessation of a snow or ice storm.
Ice that has formed on a public sidewalk due to freezing of standing
water or moisture shall be removed or the slippery condition abated
within 24 hours of such freezing of water or moisture.
B.Â
Where the property owner, entity, or person in control of property
abutting a public sidewalk has failed to remove snow and ice 24 hours
after the cessation of a snow or ice storm, the Police Department
shall notify the Director of Public Works to cause to have such snow
and ice removed from said sidewalks, with the cost of such removal
being charged to the property owner, person, or entity in possession
and control of property abutting said public sidewalk. The Director
of Public Works (with respect to the removal of snow or ice on a sidewalk
in violation of this article) shall take into account department manpower
and equipment concerns and may hire private contractors to facilitate
the removal of snow and ice in a timely manner.
C.Â
If the property owner, person, or entity in possession and control
of property abutting a public sidewalk fails to remove or abate the
snow or ice 24 hours after the cessation of a snow or ice storm or
the refreezing of standing water or moisture from such public sidewalk,
such person shall be subject to an infraction in the amount of $90.
If the Department of Public Works removes the snow or ice, as provided
in this section, the adjoining property owner shall be billed for
the expense of said removal in addition to the penalties provided
in this section. If unpaid, said bill for snow and ice removal shall
be converted into a lien and recorded on the Town Land Records against
the adjoining property.
A.Â
No person shall plow, throw, put or cause to be thrown or put any
snow or ice from any private property or from any area in the rear
of said private property or in the area between a private dwelling
house or structure and the legally laid-out sidewalk into any public
highway in the Town.
B.Â
The penalty for violation of this article shall be an infraction
and shall be enforced by the North Branford Police Department. Any
violation of this article shall be subject to a maximum penalty of
$90 for each violation.
