Changes to Ordinance on Sidewalks

The following changes were approved by the New Canaan Town Council 9-17-08 and published in the New Canaan Advertiser on 9-25-08. If there is no referendum, these changes go into effect 8 days from the time they are published and also recorded in the Town Clerk’s office. Other paragraphs in section 54 would remain unchanged.

 

 

ORDINANCE

ON SIDEWALKS

(Approved by Town Council 9-17-08)

 

The following sections of Chapter 54 of the Code of the Town of New Canaan are hereby amended as indicated.  Deletions are noted by strikethroughs, and additions are noted by underlined italics.  

 

§ 54-45.  Artificial sidewalks and cost of new sidewalks.

A.        Any artificial sidewalk laid out and located pursuant to §54-43 of this code shall be constructed and at all times maintained and repaired by the owner of the abutting property at his own cost and expense whenever the sidewalk is installed by the owner or at the owner’s request.  The Town shall bear financial responsibility for the construction, maintenance and repair of any sidewalk that is installed on the Town’s initiative.

 

B.         When sidewalks are installed by the Town at the request of abutting property owners, the abutting property owners may elect to pay the cost of newly constructed sidewalks by payment of one-fifth (1/5) of the total costs as a down payment and the remainder of the cost in four (4) equal annual installments.  Such costs shall be collected by the tax collector upon warrants issued by the Board of Selectmen.  Failure to pay any one (1) installment upon the date fixed by the warrant shall cause all remaining payments to be due immediately.

 

§ 54-47.   Cost a lien against premises.

            In the case of any sidewalk installed by or at the request of the abutting property owner under the provisions of § 54-45, upon the default or neglect of any such owner of land to construct, maintain or repair any sidewalk in front of such premises and to construct and maintain a suitable guard rail or fence, for fifteen (15) days after written notice from the Board of Selectmen or its agents so to do, the Board may construct or repair such sidewalk and the expense of such construction or repair shall be a lien upon the premises adjoining such sidewalk, provided, that the Board of Selectmen shall cause a certificate of lien against such premises for the amount of such costs to be recorded in the Town Clerk’s office within sixty (60) days from the completion of such construction, maintenance or repair of such sidewalk pursuant to section 632 of the General Statutes, and such lien shall be prior to all other liens, except tax liens or other sidewalk liens of prior date or filing.

 

Delete the current § 54-48, which reads as follows:

§ 54-48.  Artificial sidewalks to be maintained by owners. 

            The owner of land abutting on any highway, street or public place in front of whose premises an artificial sidewalk has heretofore been or shall hereafter be constructed, shall, at his own cost and expense, maintain and repair such sidewalk in front of such premises pursuant to the provisions of this bylaw and ordinance and section 632 of the General Statutes.

 

 

Replace with the following new § 54-48:

§ 54-48.  Snow removal from sidewalks.

Applicability.  The following paragraphs of this section shall apply to public sidewalks in the retail or business zones, as classified under the New Canaan Zoning Regulations and Zoning Map, excluding sidewalks abutting single-family or two-family residential uses.  The Town shall be responsible for snow removal from public sidewalks abutting single-family or two-family residential uses in the business zones, as well as from public sidewalks in the residential zones. 

 

1. Pursuant to § 7-163a of the Connecticut General Statutes, and notwithstanding the provisions of § 13a-149 of the Connecticut General Statutes or any other general statute or special act, the Town of New Canaan 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 the land abutting such sidewalk, other than land used as a highway or street, provided the Town shall be liable for its affirmative acts with respect to such sidewalk.  

 

1. The owner or person in possession and control of land abutting a public sidewalk shall have the same duty of care with respect to the presence of ice or snow on such sidewalk toward the portion of the sidewalk abutting such property as the Town had prior to the effective date of this ordinance adopted pursuant to the provisions of Connecticut General Statutes § 7-163a and shall be liable to persons injured in person or property where a breach of said duty is the proximate cause of said injury.

 

 

1. The owner or person in possession and control of land abutting a public sidewalk shall cause to be removed therefrom any and all snow, sleet or ice as soon as reasonably practical, but no later than six hours of daylight after the same shall have stopped falling, been deposited or formed.  Where snow or ice cannot be removed entirely from a sidewalk, such owner or person shall cause sand or salt or other suitable substance to be spread over the snow or ice to render such sidewalk reasonably safe for public travel.   

 

1. If any such owner or person fails, neglects or refuses to remove snow or ice from a public sidewalk, or apply sand, salt or other substance as required within the time limited above, then the Town of New Canaan may cause the same to be done at the expense of such owner or person.  Notice of any such violation and expense shall be mailed to the responsible owner or person within ten days of the violation.  If any such charge is not paid by the owner within thirty days thereafter, the same shall be a lien upon the premises abutting the sidewalk, provided that the Town of New Canaan shall cause a certificate of lien to be recorded in the Town Clerk’s office within sixty days of the date of mailing of the notice of violation.  Such lien may be enforced and collected in the same manner as is provided by law for the collection and enforcement of tax liens.

 

1. Additionally, any such owner or person who fails, refuses or neglects to remove snow or ice as required above may be fined the maximum amount for infractions as set forth in §4-8 of the Town Code, and each day any violation continues shall constitute a separate offense. 

 

 

Delete the current § 54-49, which reads as follows:

§ 54-49.  Owners to make passageway safe.

            The owner of land abutting on any highway, street or public place in front of whose premises an artificial sidewalk is constructed shall at all times maintain the sidewalk in front of such premises in a condition safe for the passage of the public and without expense to the town.

 

 

Replace with the following new § 54-49:

§ 54-49.  Sidewalk obstructions prohibited.

            The owner of land abutting on any highway, street or public place in front of whose premises an artificial sidewalk is constructed shall not install or place, or allow any tenants or occupants to install or place, any obstructions on the sidewalk that restrict traffic visibility or pedestrian passage upon the sidewalk without written permission from the Board of Selectmen.  Examples of such obstructions include, without limitation, benches, chairs, tables, planters, signs, and retail or