(A) Any limbs and foliage of trees planted on any premises that abuts any right-of-way that is not trimmed at least ten feet above the ground of a sidewalk and 15 feet above any street, highway, or alley, or any similarly planted vegetation that hinders, obstructs, or endangers the passage of persons or vehicles along any public way so as to obstruct drainage or the view of any traffic control sign or electronic device or the illumination of any public street light by any person traversing any right-of-way is declared to be a nuisance. Any person or entity violating the provisions of this article shall be liable to the town and to private persons or entities for any injury or damage arising therefrom.
(B) The owner of any property abutting a right-of-way shall maintain it in a reasonably neat, clean, and sanitary condition. Property areas, including any right-of-way, shall be maintained free from any accumulation of garbage, litter, debris, overgrown or noxious vegetation, or other conditions which constitute a nuisance as defined by Chapter 94 of this Code. For the purposes of this article, owners shall be responsible for maintaining the property to the centerline of abutting right-of-ways.
(C) Except as otherwise permitted and required under this subchapter, it shall be unlawful for the owner of any premises abutting upon any right-of-way to cause or contribute to a physical condition of the right-of-way by constructing, placing, causing, creating, maintaining, or permitting to remain upon any part of the right-of-way anything, structure, or condition dangerous or hazardous to the use of the right-of-way by the public, including, but not limited to, the following:
(1) Defective sidewalk surfaces, including, but not limited to, broken cement or stub-toes and depressions within or between sidewalk joints;
(2) Defective cement surfaces placed adjacent to the public sidewalk or defects at the juncture between said cement surfaces and the public sidewalks, including stub-toes or depressions at the junction;
(3) Defects in sidewalks or public ways caused or contributed to by the roots of trees located either on private adjoining property or on the planting strip portion of the street right-of-way;
(4) Defective conditions caused by tree limbs, foliage, brush, or grass on or extending over public sidewalks;
(5) Defective conditions on the planting strip area between the curb line and the sidewalk or, if there is no curb line, then between the edge of the traveled portion of the street and the sidewalk and between the sidewalk and the abutting property line;
(6) Defects resulting from accumulation of ice and snow on public sidewalks or on the right-of-way between the curb line or, if there is no curb line, then between the adjacent edge of the traveled portion of the street roadway and the abutting property line;
(7) Defects consisting of foreign matter on the public sidewalks, including, but not limited to, gravel and oil thereon;
(8) Defective handrails or fences or other similar structures within or immediately adjacent to the right-of-way area; or
(9) Bicycle ramps, skateboard ramps, or other similar structures or obstructions within the right-of-way area.
(D) Any structures or obstructions installed or omitted within the right-of-way in violation of this article shall be considered a nuisance and may be corrected by the town at the property owner's expense in accordance with Chapter 94 of this Code.
(Ord. 2018-09, passed 1-7-2018)