Title 12

Title 12

STREETS, SIDEWALKS AND PUBLIC PLACES

Chapters:

12.04 Sidewalks, Curbs and Gutters

12.08 Excavations

12.12 Signs and Encroachments

Chapter 12.04

SIDEWALKS, CURBS AND GUTTERS

Sections:

12.04.010 Construction--Approval required.

12.04.020 Construction--Conformance to established grade required.

12.04.030 Construction--Petition by property owners.

12.04.040 Construction--Authority to order.

12.04.050 Construction--Notice.

12.04.060 Construction--Cost recovery.

12.04.070 Construction--By town--Generally.

12.04.080 Construction--By town--Assessment of costs.

12.04.090 Construction--By town--Sidewalk and curb fund.

12.04.100 Maintenance and repair.

12.04.110 Hazardous conditions--Public safety measures.

12.04.120 Snow removal responsibility.

12.04.010 Construction--Approval required. No curbing or sidewalk shall be constructed except by the written approval of the town council. The construction and location of any sidewalk so approved shall be in accordance with such specifications as the council shall prescribe, but all construction shall as far as possible be uniform. (Prior code Section 8-1-101)

12.04.020 Construction--Conformance to established grade required. Sidewalk and curb construction on improved or graded streets must conform with the established grade and sidewalk lines. On all other streets the construction must be to the satisfaction of the municipal official appointed by the council to supervise such work. (Prior code Section 8-1-02)

12.04.030 Construction--Petition by property owners. Whenever the owners of a majority of lots in any one block in this town, fronting upon the same street or avenue shall petition the town council for the construction or reconstruction of a sidewalk, curb or gutter along that side of the block, the town council shall order the construction or reconstruction of such sidewalk, curb or gutter in accordance with the provisions of this chapter. (Prior code Section 8-1-11)

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12.04.040 Construction--Authority to order. The town council upon its own motion, or at the request of the owners of less than a majority of the lots in any one block fronting the same street or avenue in the town may order the construction or reconstruction of any sidewalk, curb or gutter. (Prior code Section 8-1-12)

12.04.050 Construction--Notice.

A. Before any sidewalk, curb or gutter is ordered constructed, a notice stating the time and place the town council shall consider the advisability of constructing or reconstructing the same, shall be sent by registered mail by the town clerk to all owners of any lots which will be compelled to bear any part of the cost of construction or reconstruction of the sidewalk, curb or gutter. Service of notice made upon the duly authorized agent for any property affected shall be sufficient.

B. The town clerk shall keep a record of the registry of such notices, and shall also make and keep on file an affidavit as to the names of persons upon whom service has been made by serving upon an agent, showing the name of the agent. (Prior code Section 8-1-13)

12.04.060 Construction--Cost recovery. Whenever any street or avenue in the town shall be ordered improved by the construction, repair or reconstruction of any sidewalk, curb or gutter, the duty and expense of constructing, repairing, reconstructing or maintaining the same shall devolve upon the owner of the property directly abutting on that side of the street on which the sidewalk, curb or gutter is constructed, repaired or reconstructed. (Prior code Section 8-1-14)

12.04.070 Construction--By town--Generally. Whenever any sidewalk, curb or gutter is ordered constructed, repaired or reconstructed by the town council, if the work is not commenced by the owner within thirty days from the service of notice on the owner or his authorized agent, or if after the commencement of such work it is not pursued with diligence, then such improvement shall be made by the town and the cost of construction, including the engineering cost, shall be assessed against the property in front of which the improvement has been made. (Prior code Section 8-1-15)

12.04.080 Construction--By town--Assessment of Costs.

A. When any sidewalk, curb or gutter is constructed by the town as provided in Section 12.04.070 of this chapter, payment shall be by special warrants drawn against the fund known as the special sidewalk and curb fund. The town council may provide for the payment of interest annually.

B. Each year the town council shall, prior to the first Monday in October, pass and adopt a resolution levying an assessment and tax against each lot where sidewalks, curbs or gutters have been ordered constructed, repaired or reconstructed. (Prior code Section 8-1-16)

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12.04.090 Construction--By town--Sidewalk and curb fund. All moneys collected from assessments made for the construction of sidewalks, curbs or gutters ordered by the town council shall be placed to the credit of the special sidewalk and curb fund. (Prior code Section 8-1-17)

12.04.100 Maintenance and Repair. It shall be the duty of the owners and tenants of any premises within the limits of the town to keep the sidewalk in front of and adjoining their premises in good safe and substantial condition. The owners shall see that all breaks or unsoundness be repaired with all possible dispatch. (Prior code Section 8-1-21)

12.04.110 Hazardous conditions--Public safety measures. When by any reason of the construction or repair of sidewalks from any cause whatsoever any sidewalk is rendered dangerous or impassable to the public, such sidewalk or portion of sidewalk shall be securely fenced, and from dark until sunrise amber lights shall be maintained thereon. (Prior code Section 8-1-22)

12.04.120 Snow removal responsibility. It shall be the duty of the owners and tenants of any premises within the limits of the town to keep the sidewalk in front of and adjoining the premises clean and safe for pedestrians, and to remove with reasonable dispatch snow, ice, slush, mud and any other impediment to safe and convenient foot travel. (Prior code Section 8-1-23)

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Chapter 12.08

EXCAVATIONS

Sections:

12.08.010 Filling of cesspools and excavations.

12.08.020 Sewer pipe excavations.

12.08.030 Prevention of obstructions--Public safety measures.

12.08.040 Post-excavation settling--Repair--Responsibility.

12.08.050 Proximity of gas or water conduits to sewer pipes.

12.08.010 Filling of cesspools and Excavations. The town council may order the owner or owners of any real property within the town to fill in any abandoned cesspool, well, cistern, latrine or other excavation. If the owner or owners fail to cause such filling within thirty days after receiving notice, they shall be subject to the general penalty as specified in this code. (Prior code Section 4-1-01)

12.08.020 Sewer pipe excavations. Excavations made in the streets or other public ways for the purpose of connecting drainpipes with the sewer, shall not remain open more than forty-eight hours unless a special permit for a longer time is obtained from the sewer commissioner, within which time the street must be restored to its original condition of good repair. (Prior code Section 4-1-10)

12.08.030 Prevention of obstructions--Public safety measures.

A. Every precaution shall be taken when excavating in the streets or public ways to prevent the obstruction or disturbance of any gutter or other pipe or conduit, or the destruction of property of any kind.

B. Proper and sufficient barricades and warning devices shall be placed around the excavation. (Prior code Section 4-1-20)

12.08.040 Post-excavation settling--Repair--Responsibility. Any settlement that occurs in the surface of the ground through the laying of any drain or waterpipe, within one year from the completion of the work, shall be repaired by the property owner to whom the permit was issued for doing the work. If the repairs are not completed by the owner in the manner and within the time required by order of the sewer commissioner, they shall be completed by the town and the expense thereof, plus ten percent for administrative costs, shall become a special tax against the property. (Prior code Section 4-1-30)

12.08.050 Proximity of gas or water conduits to sewer pipes. No gas or

Chapter 12.12

SIGNS AND ENCROACHMENTS

Sections:

12.12.010 Definitions.

12.12.020 Restrictions.

12.12.030 Projection and clearance.

12.12.40 Fences

12.12.50 Remedy

12.12.010 Definitions. The following words and phrases when used in this chapter shall have the meanings assigned to them in this section:

"Curbline" means the property line at the face of the curb nearest to the street or roadway. In the absence of a curb, the curb line shall be established by the town officials.

"Encroachments" means all private devices placed upon the public right-of-way, including devises which overhang or underlie the right-of-way. (Prior code Section 8-2-01)

12.12.020 Restrictions. No private signs, eaves, marquees or similar devices shall encroach on the public rights-of-way in this town, except as provided in this chapter, and then only by permit revocable on 30 days notice issued by the town. No gainful private or commercial use of the public right-of-way will be allowed. Prohibited activities shall include non-emergency servicing of vehicles, parking or placing of portable advertising devises on the public right-of-way. (Prior code Section 8-2-02)

12.12.030 Projection and clearance. The outermost portion of an overhanging device shall be at least two feet behind the face of the curb, or where there is no curb, from the shoulder of the roadway, and the lowest portion of an overhanging device shall be at least seven and one-half feet above the top of the curb, sidewalk or roadway shoulder elevation. (Prior code Section 8-2-03)

12.12.040 Fences. Fences shall not be placed beyond the property line, as to encroach on property other than that of the owner of the property being fenced. Fences may be no more than 6 feet high from the ground. On a corner lot, within 15 feet of the corner, fences may not be more than 4 feet high.

12.12.050 Remedy. In the event that an encroachment upon the town right of way is found to exist, the property owner will be sent a letter and an encroachment permit. In the event that a property owner refuses to sign the permit or to enter into an encroachment agreement with the town, the Town may begin legal action to have the encroachment removed at the property owner’s expense.