(A) This section concerns and affects the Business District of the town which is defined as that area:
(1) Bounded on the north by East Broadway Street and including the properties on both sides of the street which abut East Broadway Street;
(2) Bounded on the east by Third Street and including the properties on both sides of the street which abut Third Street;
(3) Bounded on the south by Maple Street and including the properties on both sides of the street which abut on Maple Street; and
(4) Bounded on the west by the railroad tracks.
(B) All owners of property which abut the streets within the Business District shall construct and maintain sidewalks, curbs and gutters or shall renovate existing sidewalks, curbs and gutters in accordance with the specifications on file at the Town Office; all the construction and maintenance or renovation shall be completed within 2 years of the effective date of this section, which date is referred to as the “completion date”.
(C) After the completion date, all sidewalks, curbs and gutters shall be repaired and maintained and no property owner shall permit any crack, chip, break or other failure of any part of that property owner’s sidewalk, curb or gutter as follows:
(1) Vertical separations of 3/4 inch or more;
(2) Horizontal separations of 3/4 inch or more;
(3) Holes or depressions of 3 inches or more in diameter and 3/4 inch or more in depth;
(4) Spalling over 50% of a single 6-foot by 6-foot square or panel of the sidewalk with 1 or more depressions of 3/4 inch or more;
(5) A single square or panel of sidewalk, curb or gutter, cracked in such a manner that no part thereof has a piece greater than 1 square foot or is cracked in such a manner that it constitutes a danger or a potential danger to the public;
(6) A sidewalk, curb or gutter with any part thereof missing 3/4 inch or more; and
(7) A deviation on the staked and constructed grade of 3/4 inch or more as to any sidewalk, curb or gutter newly constructed.
(D) No person shall remove, deface, damage, destroy or otherwise alter the condition of any sidewalk, curb or gutter except when making immediate repairs. Any damage or destruction, which is occasioned by any party whether it be accidental or otherwise, shall be repaired or replaced immediately by the property owner at the property owner’s expense. If the damage or destruction was occasioned by the actions of a person other than the property owner, the abutting property owner shall have the right to recover the cost of repair or replacement from the responsible person according to applicable law and available remedies, but the actions of the third person shall not alleviate the abutting property owner of the responsibility to maintain, replace or repair damaged, destroyed or defective sidewalks.
(Ord. 645, passed 11-15-2005) Penalty, see § 95.99