The Burgess and Commissioners shall have the power:
A.
To establish and change from time to time the grade lines, width
and construction materials of any public way or part thereof.
B.
To grade, lay out, open, extend and make new public ways.
C.
To grade, straighten, widen, alter, improve or close any existing
public way or part thereof.
D.
To pave, surface, repave or resurface any public way or part thereof.
E.
To remove any obstructions or items placed in or on any street, sidewalk,
public way or part thereof.
[Added 6-27-2007 by Ord.
No. 2007-11]
The Burgess and Commissioners shall have the power:
A.
To establish and change from time to time the grade lines, width
and construction materials of any sidewalk, curb or gutter, or part
thereof.
B.
To grade, lay out, construct, reconstruct, pave, repave, repair,
extend or otherwise alter the sidewalks along any public way or part
thereof.
C.
To install, repair and maintain sidewalks, curbs and/or gutters along
any public way or part thereof.
[Amended 12-13-2023 by Ord. No. 2023-05]
(1)
The Town will repair a section of sidewalk when it is determined
to be in a Hazardous Condition.
(a)
A hazardous condition shall be considered to exist when any
of the following conditions exist in any portion of a sidewalk:
[1]
A crack resulting in a gap/separation of one inch or greater.
[2]
The presence of a tilt in the sidewalk, whether caused by settlement,
upheaval or other condition, which creates a differentiation in height
of 3/4 inch or greater in any four foot or less length or width of
the sidewalk or between sidewalk panels.
[3]
Any hole which is greater than three inches in diameter as measured
from its widest point.
[4]
The presence of spalled or pitted areas where in a six-by-six
inch area the condition of spalling or pitting exhibits a depth of
one inch or greater in any section of sidewalk.
[5]
Any other condition of the sidewalk which is determined by the
Town Manager or her/his designee, after due inspection and observation,
to constitute a hazard to public health, safety and welfare.
D.
To assess the cost of any projects under this section on the abutting
property owners in the event that the damage to the Sidewalks, Curbs
and/or Gutters has been determined by the Town Manager and/or Public
Works director and/or her/his designee to be due to negligence on
the part of the abutting property owner or their representative.
[Amended 12-13-2023 by Ord. No. 2023-05]
(1)
Property owners will be notified in writing of damaged sidewalk caused
by a tree. The property owners will be given 90 days to mitigate the
tree before the sidewalk is repaired. The Town may mitigate the tree
and repair the sidewalk if the property owner fails to complete the
required work within 90 days of written notification; the property
owner shall be billed for the mitigation of the tree and the repair
of the sidewalk.
[Amended 9-8-1999 by Ord.
No. 99-11; 11-13-2019 by Ord. No. 2019-06; 8-10-2023 by Ord. No. 2023-03; 12-13-2023 by Ord. No. 2023-05]
A.
An abutting
property owner constructing a new building or substantially improving
an old building upon his/her property shall be required, at his/her
own expense, to provide sidewalks, curbs and gutters meeting the plans
and specifications adopted by the Burgess and Commissioners; provided,
however, that exceptions may be granted in special cases wherein the
Burgess and Commissioners determine that the public interest will
not be served by requiring strict adherence to the requirements of
this section. In no case shall any occupancy permit required by this
Code be issued if there has not been compliance with this section.
A.
The cost of the work being charged shall be assessed according to
the front foot of apportionment or some other equitable basis determined
by the Burgess and Commissioners. The Town shall contribute to the
cost of the curb and gutter an amount determined be resolution by
the Burgess and Commissioners, which shall be reviewed as deemed necessary.
B.
Payment and installments. Special assessments may be made payable
in annual or more frequent installments over such period of time and
in such manner as the Burgess and Commissioners may decide.
C.
Billing and collection. All special assessments levied under this
section shall be billed and collected by the Town Clerk.
[Amended 9-27-1978 by Ord. No. 101; 8-10-2023 by Ord. No. 2023-03]
No public way, sidewalk, curb or gutter shall be graded, or
the grade changed, nor shall any other work be done with respect thereto
except in accordance with the plans and specifications adopted by
the Burgess and Commissioners. Any person violating the provisions
of this section shall be guilty of a misdemeanor, punishable as provided
in the Charter of the Town of Walkersville,[1] and may be required to restore the public way, sidewalk,
curb or gutter to its original condition at his/her own expense.
