§ 14-9. Sidewalk repair and construction.

(a)

Definitions. As used in this section, the following words and phrases shall have the following meanings:

Director or director of public works shall mean the director of public works for the city or his designated agent. Public sidewalk shall mean that sidewalk located within a city street right-of-way, or such other sidewalk for which the city bears responsibility under the general statutes.

(b)

Sidewalk maintenance required. The owner of land abutting a public sidewalk shall maintain that sidewalk which fronts their property in a safe condition at all times. Whenever a sidewalk is found to be unsafe and in need of repair or replacement, the director of public works shall notify the abutting landowners, in writing, of the defect and order the landowners to repair or replace the sidewalk within thirty (30) days of such notification, or such longer time as may be specified in the notice. Such order and notification shall be either personally served by an indifferent person or sent by certified mail, return receipt requested.

(c)

Appeal of order to repair. Such landowner shall have the right to appeal such order to the board of aldermen, which appeal shall be filed with the clerk of the board of aldermen within twenty (20) days of the mailing of the original notice. The board of aldermen shall conduct a hearing on the appeal within thirty (30) days of the receipt of the appeal. The decision of the board of aldermen shall be final.

(d)

Repair of sidewalk by city. If the landowner does not appeal or does not comply with the order to repair a sidewalk or request an extension of time to complete the ordered repairs, the director of public works is authorized to repair or replace the sidewalk. The director may extend time to complete ordered repairs upon request.

(e)

Assessment upon repair by city. Whenever an abutting landowner fails to complete an ordered sidewalk repair and the city, pursuant to subsection (d) performs the repairs, either by itself or by others, upon the completion of the work, the director of public works shall send a full and complete report to the board of aldermen which report shall contain among other things a complete breakdown of all costs incurred and a description of the property and condition of the sidewalk as it existed before and as it exists after the work. The board of aldermen shall make an assessment of benefits, if any, and the city shall notify, in writing by certified mail, the abutting landowner as to the amount of the assessments, provided that the liability of the abutting landowner shall be limited to the actual cost of repairs or the assessment of actual benefits whichever is lesser. The city may recover such costs in an action at law.

(f)

Construction specifications. The specifications for sidewalks constructed or repaired under the provisions of this section shall be as follows:

(1)

All new sidewalks shall be constructed of concrete (cement concrete). Existing asphalt (bituminous concrete) sidewalks located outside of downtown and Huntington Center may be repaired, overlaid or replaced with asphalt. Asphalt overlays, replacements or repairs are not permitted on existing concrete sidewalks or those concrete sidewalks previously overlaid with asphalt. Concrete or stone curbs shall be replaced by concrete curbs only.

(2)

The construction of new and replacement sidewalks shall conform to the current sidewalk specifications of the department of public works. In general sidewalks shall be concrete (cement concrete) and have a minimum width of four (4) feet and a minimum thickness of four (4) inches. The concrete shall have a twenty-eight (28) day compressive strength of three thousand (3,000) psi and an air entrainment of five (5) to seven (7) percent. Expansion joints shall be provided at least every twenty (20) feet. Asphalt sidewalks shall have a minimum compacted thickness of one (1) inch. Asphalt sidewalks shall be constructed of class two (2) bituminous concrete.

(3)

All curbs and sidewalks constructed or replaced at or within an intersection or crosswalk, shall include curb cuts or ramps to provide adequate access for the movement of physically handicapped persons.

(4)

No public sidewalks shall be installed, repaired or replaced without a valid permit from the department of public works. All public sidewalk construction and repair is subject to inspection and approval by the department of public works.

(g)

City financial responsibility. The city shall be responsible for a percentage of the cost of construction or replacement of concrete sidewalks and curbs constructed within the city right-of-way, which cost shall be calculated according to a unit price list which shall be established by the city engineer. If the actual unit cost of construction is greater than the items listed on the unit price established by the engineer, the city shall be responsible only for the established percentage of the unit cost as calculated from the city engineer's price list. The following percentages are established as the portion of the cost of construction or replacement of sidewalks and curbs which is the financial responsibility of the city:

1.

Concrete (cement concrete) sidewalks — Sixty (60) percent;

2.

Curbing (all types) — Thirty (30) percent.

Between November 15 ^th and December 31 ^st of each year, the city engineer shall prepare a unit price list which he proposes to use for the ensuing calendar year, January 1 ^st to December 31 ^st . He shall file the same with the street committee of the Board of Aldermen, with the City/Town Clerk and with the Clerk of the Board of Aldermen. Unless the Board of Aldermen disagrees with the changes to the price list and schedule the same to be discussed at its January meeting, the figures established by the City Engineer shall go into effect and be effective for the calendar year immediately following. No sidewalk shall be replaced or constructed within the city right-of-way without the prior approval of the city engineer and without obtaining such other permits as may be required by law.

(h)

Exception. The provisions of this section to the contrary notwithstanding, the public works director may approve new sidewalk construction of material other than concrete where the material used is of a quality and cost at least equal to the concrete and where the material is approved by the public works director as safe for use by the general public on a public sidewalk. In such event, the cost of reimbursement by the city shall not be any greater than the reimbursement if the sidewalk had been constructed of concrete. Reimbursement to property owners installing such sidewalks is authorized if such sidewalks were installed after March 1, 1985.

(i)

Sidewalk district number one.

(1)

Sidewalk district number one is hereby established. The district shall include the public sidewalks within the state highway right-of-way on Howe Avenue (Route #110) from Hill Street to Beard Street on the south side and from Hill Street to Wooster Street North on the north side.

(2)

All new or replacement sidewalks within district number one shall be constructed of concrete (cement concrete) with a brick paver accent strip. The width of the concrete sidewalk and brick paver accent strip shall be approved by the public works director. All construction methods and materials shall conform to the current sidewalk specifications of the public works department.

(3)

Existing asphalt (bituminous concrete) sidewalks located within sidewalk district number one cannot be repaired or overlaid with asphalt. They must be replaced by concrete sidewalks with the brick paver accent strip.

(4)

An abutting landowner whose existing concrete sidewalk does not require repair or replacement shall not be required to install the brick paver accent strip. However, the landowner may saw cut and remove a portion of an existing concrete sidewalk and install the brick paver strip and still be eligible for reimbursement from the city.

(5)

The following percentage is established as the portion of the cost of construction or replacement of sidewalks and curbs which is the financial responsibility of the city within sidewalk district number one:

a.

Brick paver accent sidewalk strip: Forty (40) percent;

b.

Concrete (cement concrete) sidewalks: Sixty (60) percent;

c.

New or reset curbing: Thirty (30) percent.

(6)

All new or replacement curbing within sidewalk district number one shall be either precast or cast in placed concrete curbing. Existing granite curbing may be reset if in a condition acceptable to the public works department.

(Ord. No. 238, 2-10-75; Ord. No. 344, 9-11-78; Ord. No. 412, 7-9-81; Ord. No. 446, 5-12-83; Ord. No. 465, 8-9-84; Ord. No. 488, 10-10-85; Ord. No. 517, 3-12-87; Ord. No. 877, 3-13-14; Ord. No. 904, 4-13-17)