[Ord. 743, passed 8-28-1978]
SIDEWALK
Includes all paved pedestrian pathways situated within public
street rights of way and abutting private or public property.
[Ord. 743, passed 8-28-1978]
The purpose of this article is to insure that sidewalks are
adequately maintained and kept in a state of good repair in order
to reduce or otherwise eliminate any condition that would constitute
a hazard to or result in possible injuries to the pedestrian public.
[Ord. 743, passed 8-28-1978; Ord. 1329, passed 3-27-2006]
It shall be the responsibility of the owner of the abutting
property to keep the sidewalk immediately in front of or along any
portion of his property in good order and repair, and at all times
free and clear of all obstruction to safe and convenient passage.
This shall include keeping and maintaining such sidewalks free and
clear of all dirt, trash and similar debris, including the removal
of snow and ice, and also includes keeping and maintaining the sidewalk
free of any merchandise, sign or other unauthorized structure or appurtenance.
[Ord. 743, passed 8-28-1978; Ord. 1329, passed 3-27-2006]
In the event a property owner fails to properly maintain the sidewalk in front of his property in accordance with Section
911.03, a notice of violation shall be issued by the Town and sent to the property owner by registered or certified mail. The property owner shall take the steps necessary to correct such violation(s) within a reasonable period of time but in no case shall any violation remain uncorrected for a period of more than 30 days from the date of receipt of the notice of violation. Failure to comply shall subject the property owner to the penalties contained in Section
911.99. If the property owner continues to fail to comply with such notice, the government unit with control over the street (whether in fee or by easement) may make the necessary repairs, remove any obstructions or eliminate any hazard to pedestrian safety. In the event that the government unit making the repairs is not the Town, the Town may reimburse that government unit for the cost of the same. When the Town has incurred the costs or reimbursed another government unit for such costs, those costs, together with a penalty of 10%, shall be paid by the delinquent property owner and be collected by an action of assumpsit, or the Town Council may file a municipal lien against the property.
[Ord. 743, passed 8-28-1978; Ord. 804, passed 10-27-1980]
(a) Installation, repair or replacement of sidewalks or sections thereof
shall be in accordance with current Town specifications. These specifications
shall be made available to the property owner to insure that the proper
requirements are met.
(b) Sidewalks installed along County or State roads shall meet the specifications
established by the County or State.
[Ord. 1329, passed 3-27-2006]
(a) The Town may, at its sole discretion, enter into sidewalk agreements with other government units owning streets within the Town to provide for enforcement of Section
911.04 against property owners with sidewalks abutting or contained within such streets. Such agreements may obligate the Town to reimburse such government unit for any costs it incurs in making the necessary repairs, removing any obstructions or eliminating any hazard to pedestrian safety in regards to sidewalks.
(b) Any agreements entered into by the Town pursuant to the authorization
set forth in this Article shall be approved by resolution of the Town
Council and shall be in a form approved by the Town Attorney.
(c) No sidewalk agreement shall constitute a waiver of the Town's governmental
immunity for any reason whatsoever.
[Ord. 743, passed 8-28-1978]
Each property owner or agent who violates any provision of this
article shall, upon conviction, be fined not more than $300.