905.001 Definitions.
905.01 Encroachments.
905.02 Obstructions.
905.03 Planting and maintenance of trees, shrubs and plants.
905.04 Bridges.
905.05 Displaying merchandise.
905.06 Removal of snow, sleet and ice from sidewalks.
905.07 Grade; alignment.
905.08 Duties of owners; liability for damages.
905.09 Marking on sidewalks or streets.
CROSS REFERENCES
General powers relative to sidewalks - see W.Va. Code 8-12-5(1) et seq.
Low cost improvements - see W.Va. Code Art. 8-17
Sidewalk assessments - see W.Va. Code Art. 8-18
For the purpose of this article, the following words or phrases shall have the meanings respectively ascribed to them by this section.
(a) “Owner” means:
(1) In the case of land, any person who is recorded on the tax records as owner of the land or,
(2) In the case of property other than the land, any person who is in lawful possession thereof.
(b) “Occupant” means:
(1) A person who is in physical possession of a property or,
(2) A person who has responsibility for and control over the condition of a property, the activities conducted on that property, and the persons allowed to enter that property.
(c) “Person” includes any individual, corporation, society, association, partnership or firm, and the successor or their heir, executor, administrators, or other legal representatives of a person.
(d) “Sidewalk” means that part of a highway especially adapted to the use of or ordinarily used by pedestrians and includes that part of the highway between the curb line (or the edge of the roadway where there is no curb line) and the adjacent property line, whether or not paved or improved.
(Passed 10-28-03.)
No part of any building or structure of any kind, and no cellar or other excavation, shall encroach upon or within any public street, sidewalk, land, easement or right-of-way, except by specific authority of Council as contained in a franchise, ordinance or resolution of Council duly noted in its journal or minutes; and any building or structure or part thereof and any cellar or other excavation which may exist at any time in violation of this section may be declared by Council to constitute a nuisance subject to abatement; provided, that nothing in this section shall apply to any excavation made pursuant to an excavation permit under the provisions of Article 909.
(a) No person shall place or cause or permit to be placed upon any public street, sidewalk or public place within the Town or in any ditch, drain or waterway along or adjacent thereto any ashes, cinders, earth, stone, lumber, wood, logs, machines, vehicles, conveyances or other implements not lawfully parked thereon, or any other object or substance which obstructs or impedes travel thereon or the flow of water in the gutters or drains, or to neglect or refuse to remove or abate the nuisance occasioned by such obstruction within twenty-four hours after such person has knowledge of such existence of such nuisance, or within twenty-four hours of service of notice thereof in writing from the Mayor or his agent.
(b) Upon conviction of any such offense specified in subsection (a) hereof, the person convicted shall, within twenty-four hours after such conviction, remove or abate the nuisance created contrary to the provisions of this section, and his failure to do so shall constitute a second offense against the provisions of this section. The continued failure or refusal of such convicted person to remove or abate such nuisance as provided herein shall constitute a separate, distinct and additional offense for each successive twenty-four hour period of such failure or refusal.
(c) Any nuisance which arises by reason of any violation of this section may be abated in the manner provided for the abatement of nuisances.
No tree, shrub or other plant shall be planted or maintained by any person upon any part of any Town street, sidewalk or public place, except pursuant to a permit granted by Council or by a Town officer authorized by Council to grant such a permit.
No person shall obstruct or cause to be obstructed any public bridge or the walk or driveway leading thereto or in any way to interfere with the use of the bridge or the passengers thereon; provided, that nothing in this section shall be construed to prohibit an officer acting in the discharge of his duties from so obstructing a bridge or the entrances thereto.
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