The Board of Selectmen shall have the power to extend, alter,
and widen highways in the Town for the purpose of locating, building,
altering, and enlarging sidewalks on said highways, and to make and
appropriate such land or property of adjoining proprietors as they
may deem necessary for such purpose. They are empowered from time
to time, as they shall judge proper, by themselves or a committee
by them appointed, to designate, alter, fix, and establish the location,
width, course, height, grade and level of all sidewalks, crosswalks,
driveway entrances and curb lines in and upon the streets and highways
of said Town, and to order the owners of land or buildings fronting
upon highways or streets to make such walks on their several fronts
according to the location, width, height, and grade designated as
aforesaid; also to curb, flag, and pave the same such line, in such
manner and place, and with such material as the Board of Selectmen
or its committee shall direct, and to order such owners to provide
and erect such railings or guards along the sidewalk in front of their
premises as public safety may require; and to order any such proprietor
to repair his sidewalks, curb, gutters, guard, driveway entrance or
railing, when such repairs are necessary, within such time and in
such manner as said Board of Selectmen or committee may designate
and direct; and to designate what streets shall have sidewalks to
be constructed on any such street; and to issue orders requiring the
building of sidewalks, including the curbing thereof, and the care
of the same; and to pass ordinances requiring the removal therefrom
of ice, snow, rubbish, piles of lumber, and other obstructions and
encumbrances, and compelling the occupants, persons in charge, or
owners of lands or buildings to remove snow and ice from the sidewalks
and gutter in front of such lands or buildings; and to keep such sidewalks
safe for public travel.
Whenever the Board of Selectmen shall lay out and order the
building of sidewalks, curbing, driveway entrances or railings on
any street or streets, or the repair of sidewalks, curbing, driveway
entrances or railings already built, and any adjoining property owner
shall neglect or refuse to build or repair such sidewalk, curbing,
driveway entrance, or railing within the time required by such order,
the Selectmen may grade and construct such walk or walks or may erect
such curb railing, or repair any or all of the same, as the case may
be, and assess the cost of the same, with the necessary costs of the
proceedings, in whole or in part, upon the adjoining property or the
owner thereof, and such assessment shall be a lien upon such property,
to take precedence over all other liens or encumbrances, tax liens
and other Town liens prior in date excepted, and shall remain a lien
upon the property in favor of said Town until paid, and the payment
thereof may be enforced by said Town in a civil action in the name
of said Town, or by foreclosure, or by any other proper remedy, provided
such lien shall not be good for a longer period than two months after
such assessment or lien shall be made, unless a certificate in writing
made and signed by the First Selectman or Town Clerk, describing the
premises, the amount claimed as a lien, and the date of the order
requiring the sidewalk, curbing, railing, or guard to be built or
repaired, the date of the completion of the sidewalk, curbing, railing,
or guard, or repairs made as aforesaid, and the date of the assessment
thereof, shall be lodged with the Town Clerk for record, and all such
liens shall bear interest from the date of the filing thereof at an
annual rate set from time to time by the Board of Selectmen until
paid, and whenever the claim secured by said lien is paid, with the
interest and cost thereon, one of the officers aforesaid shall sign
a certificate stating such claim has been paid, and lodge such certificate
with the Town Clerk for record.
Any person aggrieved by such assessment or by any order of the
Board of Selectmen in relation thereto may appeal from such assessment
or order in the manner and form as provided in Sections 7-141 to 7-143,
inclusive, of the General Statutes.
Whenever the Board of Selectmen shall require by ordinance that
the sidewalks shall be cleared of ice and snow, and the owners or
occupants of adjoining property shall fail to clear the same within
the time and in the manner required by such ordinance, the Director
of Public Works or the Selectmen or the Town Manager or other proper
officer or authority may cause such snow or ice to be removed, and
the cost of such removal shall remain a lien upon the adjoining property
and take precedence and be collected in the same manner as is provided
herein for liens for neglect to build or repair sidewalks, curbing,
driveway entrances, railings or guards.
Notwithstanding any provisions of this Charter or any General
Statutes or Special Act, the Town of Winchester 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 land abutting such sidewalk, other
than land used as a highway or street, provided the Town shall be
liable for its affirmative acts.