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AN ACT CONCERNING SIDEWALKS, CURBING, DRIVEWAY ENTRANCES AND GUTTERS IN THE TOWN OF BLOOMFIELD Section 1. The town council of the Town of Bloomfield may, upon finding, after hearing before it as herein provided, that it will serve public necessity and convenience, order the town manager to install or cause to be installed along all or part of any street or highway in the town sidewalks, curbing, driveway entrances and gutters of such dimensions, styles, kinds, forms, materials, at such grades and in accordance with such other specifications as said town council shall prescribe. Notice of such order shall be given to the owner or owners of the abutting land within ten days after the same has been made by mailing a copy of the same to the last-known place of abode of such owner or owners or by leaving a copy of the same with the agent or person having charge of or occupying such land. Before making such an order, the town council shall cause notice of the time and place of a hearing relative to the same to be given such owner or owners, at least ten days prior to the date of such hearing, by mailing a copy of said notice to the last-known place of abode of such owner or owners or by leaving a copy of the same with the agent or person having charge of or occupying such land. After the installation has been completed, one-half of the total cost of such sidewalks, curbing, driveway entrances and gutters shall be assessed upon the abutting property and its owner or owners and may be collected by lien or otherwise. One-half of the cost of such sidewalks, curbing, driveway entrances and gutters shall be assessed upon the Town of Bloomfield. Notice of such assessment and that it is due and payable shall be given by mail addressed to such owner or owners at their last-known place of abode or by leaving the same with the agent or person having charge of or occupying such property. Each such assessment, with interest at six per cent per annum starting ninety days after the date of such notice, shall be a lien upon such property from the time of the completion of the work, which lien may be foreclosed in the same manner as a tax lien, provided a certificate thereof, describing the property on which the lien exists, the amount claimed, the date of the order, the nature of the work for which such lien is claimed and the date of completion thereof, signed by the tax collector, shall be lodged with the town clerk within three months after the completion of such work. Such lien shall take precedence over all other liens, mortgages, attachments or other encumbrances except as otherwise provided by law. (1957 Act No. 259; 1963 Act No. 109) Sec. 2. Whenever the town council is of the opinion that any existing sidewalk, curbing, driveway entrance or gutter, or any part thereof, is in need of repair or replacement in order to make them, or any of them, safe for public travel, it shall order the owner or owners of the land abutting thereon, at their own cost and expense, to repair or replace the same in such manner and within such time as it may prescribe, so as to make the same safe and bring them into conformity with the dimensions, styles, kinds, forms, materials, grades and other specifications prescribed by said town council. Notice of such order and of the time limited for compliance with the same shall be given said owner or owners within ten days after it has been made by mailing a copy of the same to their last-known places of abode or by leaving a copy of the same with the agent or person having charge of or occupying such abutting property. If any such owner, owners, agent or occupant fails to comply with such order in the manner and time therein prescribed, the town council may execute such order in the manner therein prescribed at the expense of the town and may assess said expense upon the adjoining property and such owner or owners and collect the same by lien or otherwise. Notice of such assessment shall be given by mail addressed to such owner or owners at their last-known places of abode or by leaving the same with the agent or person having charge of or occupying said adjoining property. Any assessment thus made, with interest at six per cent per annum, shall be a lien upon such property from the time of the execution of such order, which lien may be foreclosed in the same manner as a tax lien, provided a certificate thereof, describing the property on which the lien exists, the amount claimed, the date of the order, the nature of the work for which such lien is claimed and the date of completion thereof, signed by the town manager, shall be lodged with the town clerk within three months after the completion of such work. Such lien shall take precedence over all other liens, mortgages, attachments or other encumbrances except as otherwise provided by law. Sec. 3. Any person aggrieved by any order or assessment made or given under section 1 or 2 hereof may appeal therefrom to the court of common pleas for Hartford County, or a judge thereof when said court shall not be in session, within thirty days after notice of such order or assessment has been given as hereinabove provided. Such appeal shall be a written petition for a review of such order or assessment with a citation attached thereto and returnable not less than twelve nor more than thirty days after its date, and shall be served on the town clerk at least twelve days before the return day. Any number of persons who are similarly affected by any such order or assessment may join in taking and prosecuting such appeal. Such court or judge may, by committee or otherwise, review and revoke, modify, reaffirm or alter such assessment and, if such order is revoked or such assessment reduced, award costs against the town, otherwise against the appellant, and shall issue execution for the amount of such assessment or re-assessment and in favor of either party for costs to be taxed as upon civil process and, after the proceedings have been closed, return the papers connected with the case, except those which the court must retain, to the town clerk, who shall keep them on file. Sec. 4. No person shall construct any sidewalk, curbing, driveway entrance or gutter within the limits of any public street in the Town of Bloomfield without the written authorization or order of the town manager or town council, and any such sidewalk, curbing, driveway entrance or gutter constructed without such written authorization or order may be removed by the town manager or on the order of the town council as an obstruction of the street. Sec. 5. The town council may, by ordinance, prescribe rules, regulations and specifications governing the laying, relaying and repair of sidewalks, curbing, driveway entrances and gutters or any other work within the public streets of the town, may require a permit for doing such work and prescribe the conditions prerequisite to obtaining one, may prohibit the doing of such work except by persons licensed by the town, and may prescribe conditions and qualifications prerequisite to obtaining such license, including the furnishing of bonds in favor of the town. Sec. 6. All ordinances of the Town of Bloomfield and any amendments thereto inconsistent with the provisions of this act are repealed to the extent of such inconsistency. Sec. 7. This act shall take effect May 1, 1955. |