Sidewalk Ordinance Change Approved

The New Canaan Town Council held a public hearing on September 17 about proposed revisions to the sidewalk ordinances (Town Code Article III sections 54-43 to 54-49). Not surprisingly, owners of downtown business properties expressed concerns about the new paragraphs which impact them. Three groups of homeowners spoke – those who came because they supported the ordinance change, those who came to lobby for the proposed Main Street sidewalks, and those who already had sidewalks who commented that the plows push the road snow mix up on their sidewalks after they finish shoveling.

At their regular meeting which followed, the Council approved the ordinance change, with a minor amendment in lettering to clarify the application of several new paragraphs that impact the downtown business district. According the the Town Charter (IV C4-13), a summary of the ordinance changes are to be published and (IV C4-14) would take effect 8 days after publication unless a petition for referendum is filed.

Print copies were available at the meeting; no electronic copy has been made available to date. When available, we will post a link on this blog.

Basically, the changes will relieve abutting property owners outside the business district of financial responsibility for installation and maintenance of sidewalks installed on the Town’s initiative. The Town assumes responsibility for snow removal from public sidewalks in the residential zones.

Business owners, as well as residents who construct their own sidewalks or ask the Town to build sidewalks abutting their property will fall under a different set of rules.

We thank the Town Council for hearing and responding to this concern. We anticipate it will facilitate homeowner acceptance of new sidewalks as they are proposed in other parts of Town.

UPDATE 9/25/08 – We have received an electronic copy of the ordinance changes approved by Town Council on 9/17/08 and published in the New Canaan Advertiser today. A page with these changes has been added for our readers’ convenience – Click here to link to it.

Proposed Changes to Sidewalk Ordinance, Snow Removal and Liability

Today Town Attorney Christopher Jarboe filed the proposed changes to Chapter 54 of the New Canaan Town Code with the Town Clerk. Mr. Jarboe presented the changes to the Town Council Ordinance Committee last week, and the committee approved them with minor amendments. At the Town Council meeting which followed, Ordinance Committee Chairman Richard White described the committee’s two meetings and the philosophy which guided the ordinance changes which will be proposed. He said he would present the proposed ordinance changes to the Council in September and that there would be a public hearing in September. Since the Ordinance Committee presentation was on the agenda, we admit to being a bit puzzled that the full Town Council did not get a peek at the proposed changes and have an opportunity to comment publicly.

For abutting property owners living in residential zones, and for those living in one or two-family dwellings in the business/retail zones, the proposed changes will remove responsibility for sidewalk maintenance and safe passageway. Good news.

Paragraphs relating to the cost of sidewalk construction, maintenance and repair have also been revised to exclude passing along these costs to abutting property owners when the sidewalks are installed on the Town’s initiative. If the sidewalks are installed at the request of abutting property owners, they will pay these costs.

For businesses downtown there are proposed additions which may raise some red flags. The committee chose to follow Westport’s lead and recoup some of the the Town’s cost of sidewalk upkeep downtown. There is a detailed new section which transfers responsibility for snow removal and liability to the “owner or person in possession and control of land abutting a public sidewalk” in the retail or business zones. There is also a new paragraph prohibiting sidewalk obstructions without written permission from the Board of Selectmen. (“Examples of such obstructions include, without limitation, benches chairs, tables, planters, signs, and retail or commercial displays.”)

We appreciate that the committee responded to homeowner concerns and look forward to September’s public hearing. We do suspect there may be some new faces in attendance. Hopefully any concerns about the new business district proposals will not derail the Council’s stated intent to relieve homeowners’ responsibilities for new sidewalks.

Committee Reviews Sidewalks Ordinance

The Ordinance Committee of the New Canaan Town Council met on Wednesday, July 2, to review current Town of New Canaan Code references – Chapter 54 – which assign responsibility for sidewalks to the abutting property owner.  Town Attorney Christopher Jarboe noted that the Code does not specifically assign liablity to the abutting property owners. Case law in this regard can be confusing, he said. He also remarked that the Town of Westport Code – Chapter 128 – makes a distinction between “business use” – the abutting properties in the business zone – and, presumably, abutting homeowners.

Discussion followed on the Code references to billing the abutting property owners for the cost of installing the sidewalk.  Frank DeNicola, Director of Public Works, said that this has occasionally been done on a case by case basis.

Most of the Council members on the committee seemed inclined to relieve abutting homeowners from the responsibility for paying for sidewalk cost, for maintaining the sidewalks and for any snow shoveling implied by the phrase “safe passageway.”  The committee asked the Town Attorney to draft a replacement ordinance that would remove homeowner responsibility but leave open the option for the Town to bill businesses in the downtown area for associated costs of maintenance. The committee will meet again to review the draft replacement ordinance at 6:30 pm on Wednesday, July 18, and plan to report to the Town Council later that evening.

Homeowners who spoke at the meeting included several who had not previously voiced their opinion. All were opposed to having homeowners assume responsiblity and potential liability for the new sidewalks.

Property Owners Are Liable for New Canaan’s Sidewalks

Back in November 2006 the Town Council considered a proposed Ordinance Concerning Snow Removal. We located Minutes of the Public Hearing, as well as Minutes of the Town Council Meeting where the Council (Item 4) decided to “postpone the Ordinance indefinitely.” We think some of the names of those who spoke against the proposed ordinance at the Public Hearing is telling, and the reasons they gave for opposing it are directly relevant to the newly proposed sidewalks.

Most worrisome is Attorney/Councilman Tom O’Dea’s statement:

• “Mr. O’Dea advised that under the existing laws the abutting property owner IS liable if a pedestrian falls on an uncleared sidewalk that abuts his or her property. Further, the Town does not have the resources to clear snow quickly enough. He also advised that the Town owns some of the sidewalks but that in other instances, it is the property owner who owns the sidewalk, and the Town has an easement.”

The section of the Town Code (Chapter 54 Section III) to which Mr. O’Dea refers is currently still in effect. Any property owner in the proposed sidewalk zone (see the Pedestrian/ Bicycle/ Transit Plan) should take notice; you could be next. Is this in your best interest? How deep are your pockets?

We think it’s time for the Town Council to strike this section of the code. 

Responsibility and Liabilities Come with New Sidewalks

Several homeowners with properties abutting the proposed new sidewalks have expressed concerns about thier:

• responsibilty for maintenance, upkeep and repair of the sidewalks, including removal of snow and ice during the winter to create “safe passageway,” and
• potential liability in the event someone is injured on the sidewalk.

The Town Code transfers certain responsibilities – and potentially risk exposure to liability – to abutting property owners.  Connecticut State Statutes permit the Town to do so; municipalities in the state have handled this in varying ways, and there is some case precedent.  Search http://www.ct.gov using [sidewalks “property owners” liability] for some relevant information.

Although we have not yet heard this discussed, the Town Code also notes that the Town shall bill abutting property owners for the cost of constructing the sidewalks. We do not know the status of this, but bring it to your attention.

We strongly suggest that abutting property owners review the Town Code – Click on Chapter 54 and scroll down to Section III: Construction and Maintenance of Sidewalks.