The Council may vote to make and lay sidewalks
on any public way at the expense of the owners of lands abutting on
that public way. Such sidewalk shall be of such material, width, thickness
and at such grade as the Department of Public Works may prescribe.
Subject to the approval of the Council, the
Department of Public Works shall adopt, from time to time, such regulations
and specifications for the conduct of the work provided for by this
chapter as it may deem for the best interests of the Town. It shall
be unlawful for any person to violate any such regulation or specification.
At least five days' notice shall be given by
publication in a newspaper having a circulation in the Town and by
delivery through first-class mail to the last known addresses of the
owners of record before a hearing shall be held on each sidewalk installation
project. The notice shall include a description of the project, an
estimate of all costs of the project and an estimate of the cost of
the project to be assessed against each property owner.
Within five days of the passage of an order
to install by the Council, a true and attested copy of such order
shall be delivered through certified mail, return receipt requested,
to the last known addresses of the owners of record.
Every such owner shall comply with such order
within 30 days after receipt of such notice unless the Council determines
that an emergency exists, in which case 10 calendar days shall be
allowed to effect such work. Whenever the owner of any premises abutting
upon any public way in the Town neglects or fails to install new sidewalks
ordered by the Council, it shall be the duty of the Public Works Director
to install the same. At the conclusion of such installation, the Public
Works Director shall calculate the total cost of the installation
and the cost to be assessed against each property owner, provided
that no assessment against any owner shall exceed 1/2 of the linear-foot
cost times the number of linear feet of walk being assessed. The Council
shall establish and order the final assessment against each property
owner based upon the calculation made by the Public Works Director.
Owners of land fronting upon any street or highway, unless exempted by ordinance of the Council, may be ordered by the Public Works Director to replace, repair or otherwise correct defects in any sidewalk adjacent to his land. Notice of the work required shall be delivered in the same manner as notice provided for in § 139-7. Every such owner shall comply with the order of the Public Works Director within 30 days after receipt of such notice, unless the Public Works Director shall determine that an emergency exists, in which case five calendar days shall be allowed to effect the work.
Any owner of land who is aggrieved by any order made in accordance with § 139-10 may petition the Council for a recision or modification of the aforesaid order. Such appeal shall be in writing and must be received by the Council within five calendar days after notice has been received by said owner. If such appeal shall be denied, such owner shall have 15 days from the date of such rejection to effect such work.
Whenever the owner of any premises fronting
on any public way in the Town fails, neglects or refuses to repair,
replace or otherwise correct defects in an adjacent sidewalk and where
no appeal has been taken from the order of the Public Works Director,
the Public Works Director shall have the defect corrected and calculate
the cost to be assessed against the owner.
A.
The unit cost for sidewalk construction shall be calculated
as the total project cost of paving and grading, divided by the total
length of the project.
B.
The unit cost of each foot of length for sidewalk construction shall be assessed, in accordance with § 139-9, upon the adjoining property, except as follows:
(1)
A residential lot with frontage upon more than one
street shall be assessed for the first sidewalk construction along
any one side.
(2)
The length of the assessment against any residential
lot shall not exceed the length of the shortest side along an approved
street.
(3)
A residential lot with frontage on two nonintersecting
streets shall not be assessed for the rear frontage.
C.
A lot shall be considered to be a parcel of land that
could not be subdivided into additional residential lots under the
applicable dimension and area regulations of the Town.
Upon delivery to the Finance Director by the
Public Works Director of any calculation of cost for replacing or
repairing a sidewalk or of a final assessment order by Council for
construction of a sidewalk, the Finance Director is authorized to
collect from the adjacent property owners the total amount of such
bill; provided, however, that the maximum assessment shall be set
at the actual unit of cost incurred by the Town in the last annual
sidewalk installation contract.
The cost of any work done or any final assessment
levied under this chapter shall be the subject of a lien in favor
of the Town upon the premises liable therefor. Such lien shall be
filed within 60 calendar days from the date of completion of such
installation, replacement or repair. Date of completion shall be considered
to be the date of the billing sent to the adjacent owners.
