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.