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A. Any walk which is tangent to the property of any person owning any property in the Town of Berlin on the streets now paved or hereafter paved shall conform to the standards set forth in Section 8.08(C) and Section 9, inclusive, of Design Parameters and Standard Specifications for Water, Sewer and Roadway Construction prepared by Davis, Bowen and Friedel on January 28, 1991, or such other specifications as may be adopted by the Mayor and Council to supersede those standards.
B. Generally, sidewalks constructed in areas where no sidewalk exists or has existed previously shall be a minimum of five feet in width having a one-fourth-inch expansion joint between curb and sidewalk, or sidewalks constructed having a grass strip no less than three feet in width between curb and sidewalk may be constructed no less than four feet in width. [Amended 6-30-1997 by Ord. No. 1997-9]
C. Sidewalks constructed to replace existing walks or to abut to existing walks shall conform to that existing width, but in no case shall the constructed width, excluding curb, be less than four feet in width where abutting or parcel to any public way.
§ 92-2. Establishment of grade.
All other standards governing expansion joints, material, thickness and grades shall remain the same for new construction and replacement sidewalks, those standards being more fully described in the aforementioned standards and specifications incorporated by reference herein.
§ 92-3. Inspections; violations and penalties.
A. Inspection and approval of all sidewalks, curb, gutter and curbcut installation shall be performed by an employee designated by the Administrative Director.
B. Any violation of the provisions of this Article shall be punishable, upon conviction, as a misdemeanor as provided in Article I of Chapter 1, General Provisions.
ARTICLE II
Water on Streets
[Adopted 3-17-1913 by Ord. No. 20]
It shall be unlawful for any person or persons, firm or corporation or association of persons whatsoever to empty in any way greasy or filthy water of any description on the streets, alleys or lanes or into the sewerage pipes in the Town of Berlin, Maryland.
§ 92-5. Violations and penalties. [Amended 3-20-1978]
Any violation of the provisions of this Article shall be punishable, upon conviction, as a misdemeanor as provided in Article I of Ch. 1, General Provisions.
§ 92-6. Obstructions prohibited; exceptions. [Amended 3-20-1978]
It shall be unlawful except with the permission of Mayor and Council for the owner or occupant of any premises within the corporate limits of the Town of Berlin to place, erect or store, or to cause or permit to be placed, erected or stored, on the sidewalk abutting his premises any articles, chattels or merchandise of any type, except that this Article shall not apply to placing or maintaining on said portion of the sidewalk any scales or weighing devices, stands for the use in selling newspapers, resting benches or stone flower boxes.
§ 92-7. Violations and penalties. [Amended 3-20-1978]
Any violation of the provisions of this Article shall be punishable, upon conviction, as a misdemeanor as provided in Article I of Ch. 1, General Provisions for each day said violation continues.
It shall be unlawful for any person, firm or corporation, including but not limited to public utilities under franchises granted by the Town of Berlin, to excavate or install or change the location of any post, pole or anchor in any street, way, alley or sidewalk without first having obtained a permit therefor from the Town Manager of the Town of Berlin.
The Town Manager, before issuing any such permit required under § 92-8 hereof, shall require the applicant for the permit to post a completion bond equivalent to the estimated cost of restoring the street, way, alley or sidewalk to its condition prior to the work performed under the permit. In no event shall such bond be less than $25. The bond requirement as set forth in this section shall be waived only by the written consent of the Mayor of the town.
§ 92-10. Restoration to prior condition; time limit.
Upon the completion of all excavation for a sidewalk excavated pursuant to the permit issued hereunder, said sidewalk shall be restored to its condition prior to the work performed and upon inspection by the Zoning Inspector or other proper agent of the town, the bond may be returned to the applicant. In the event that said replacement and restoration is not completed within 15 days after completion of the work performed, then the Town of Berlin may perform such restoration and use the bond amount posted for the cost thereof.
§ 92-11. Performance of work by town.
Upon the completion of all excavation in any street, way or alley within the town, the Town of Berlin shall perform such work as is necessary to restore said street, way or alley to its condition prior to the work performed, and the bond posted pursuant to § 92-9 hereunder shall be used to pay for said restoration. Any amount of said bond remaining after said payment shall be forthwith returned to the applicant.
Any person violating the provisions of this Article shall be notified in writing by registered mail, return receipt requested, of said violation. Said notice shall describe the violation and notify the violator to correct same within five days or for cause shown, a greater length of time in which to correct said violation.
§ 92-13. Violations and penalties. [Amended 3-20-1978]
Any violation of the provisions of this Article, after notification as set forth in § 92-12, shall be punishable, upon conviction, as a misdemeanor as provided in Article I of Ch. 1, General Provisions for each day said violation continues.
§ 92-14. Maintenance of sidewalks by property owners.
It shall be the duty and obligation of the owner of a property abutting a sidewalk in a public way to maintain the abutting sidewalk, driveway, apron and sod in such a condition as to be safe for public use. This obligation includes the clearing of all growth of grass and weeds within the sidewalk and actual structural repair.
§ 92-15. Repairs ordered by town.
A. Whenever it is brought to the attention of the Code Enforcement Officer of the Town of Berlin that a sidewalk, driveway, apron or adjoining sod or a portion thereof abutting any property, private or public, may be in unsatisfactory condition, the Code Enforcement Officer shall conduct an inspection to determine if the condition of that sidewalk, driveway, apron or sod presents a hazard to the public safety or an obstruction to public passage.
B. If it is determined by the Code Enforcement Officer that said sidewalk, driveway, apron or sod or any portion thereof is in an unsafe, dangerous or hazardous condition, he shall serve notice to the owner of the property abutting the sidewalk, driveway, apron or sod or portion thereof that is in an unsafe condition that such a condition exists. Such notice shall contain, at minimum, the following information:
(1) A description of the unsafe, hazardous or dangerous condition found to exist, including, without limitation, a copy of the field inspection report.
(2) A time limit specified for the correction of the hazardous condition, which shall be a minimum of 20 calendar days for the most dangerous conditions and a maximum of 60 days for any other conditions deemed by the Code Enforcement Officer to be not an immediate or extreme hazard to the safety of the public.
(3) An explanation of the owner’s right to appeal the citation to the Housing Board of Review within 10 calendar days from the date of the citation and the procedure for filing such an appeal.
C. Such notice shall be served by hand delivery to the owner or his agent or by certified mail, return receipt requested, to the last known address of the property owner or agent.
§ 92-16. New sidewalks for public safety.
A. Whenever it is brought to the attention of the Code Enforcement Officer of the Town of Berlin that property abutting on any public way in the Town of Berlin is in need of a sidewalk to protect the public health, safety and welfare of the Town of Berlin, the Code Enforcement Officer shall conduct an inspection to determine if a sidewalk is necessary.
B. If it is determined by the Code Enforcement Officer that a sidewalk is necessary, he shall serve notice to the owner of the property that a sidewalk needs to be constructed. Such notice shall contain, at minimum, the following information:
(1) A description of the area and location of the sidewalk.
(2) A time limit specified for the construction of the sidewalk which shall be for a minimum of 120 days.
(3) An explanation of the owner’s right to appeal the decision to the Housing Board of Review within 10 calendar days from the date of the notice and the procedure for filing such an appeal.
C. Such notice shall be served by hand delivery to the owner or his agent or by certified mail, return receipt requested, to the last known address of the property owner or his agent.
§ 92-17. Enforcement procedures.
A. In the event that a property owner has failed to correct the hazardous condition or to construct a sidewalk and failed to file an appeal with the Housing Board of Review within the time limit specified in the notice, the Code Enforcement Officer may order the construction of a sidewalk, repair or replacement of the hazardous sidewalk, driveway, apron or sod or portion thereof that is in an unsafe condition and shall proceed to obtain cost estimates for the work so ordered in the manner prescribed by the town’s usual purchasing policy and practices.
B. The Code Enforcement Officer shall present the quoted prices to the Administrative Director for review within 10 days of the expiration of the property owner’s notice period. Cost estimates in excess of $1,000 must be presented to the Council in a regular meeting for approval before award of any contract, as specified in § C7-23 of the Town Charter. Contractor proposals with costs of less than $1,000 may be accepted by the Administrative Director and the work may be ordered immediately. All contracting and service procurements are subject to the same rules and regulations as govern all other town activities, as specified in § C7-23 of the Charter.
C. Upon receipt of a valid invoice from the contractor, and after having inspected the premises and verifying that the work is acceptable to the town, the Code Enforcement Officer will present the invoice to the Administrative Director for payment to the contractor. Concurrent with the final payment to the contractor, 1/2 (50%) of the total expense incurred for the resulting construction, repair or replacement plus permit fees shall be billed to the owner in the same manner and under the same collection procedures as are used for grass cutting and refuse collection on private property. The town shall absorb the remaining 50% of the total costs incurred (excluding permit fees).
D. In the event that the charges incurred have not been paid by the beginning of the town’s next regular fiscal year, those charges will be charged against the property and added to the taxes owed on that property for the next taxable levy year and shall constitute a lien on the property.
§ 92-18. Repairs requested by owner.
A. Property owners who desire to repair or replace their own sidewalks or portion thereof may request the town’s participation in the repair or replacement by either of the following means:
(1) Secure contractor’s services privately and submit paid invoices upon completion of the work, whereupon, the town will reimburse the property owner for 50% of the total cost (excluding permit fees). Contract estimates must be approved by the town prior to the commencement of work. The town reserves the right to refuse payment of its 50% of total costs if invoices are submitted for payment without such other prior approval.
(2) Request that the town secure contractor’s price quotations in the course of procuring similar services for the town itself, whereupon, the town will forward those estimates to the owner for review. Upon written acceptance of a proposal by the owner, the town will proceed with the necessary contract work and will bill the owner for 50% of the total costs plus permit fees.
(3) Request that the town include the replacement or repair of his property’s sidewalk or portion thereof during the course of a town project currently planned or underway at the time of the request. In the event that an owner elects this option, it is specifically understood that the project work will be performed by the contractor chosen by the town for the ancillary project planned or underway and that the owner will not participate in the selection of that contractor. The town will, however, provide the owner electing this option with an estimate of the cost of his replacement or repair, based on the unit price quoted by the contractor performing the town’s work. The town will bill the owner for 50% of the total costs plus permit fees associated with his property’s sidewalk upon completion of the project.
B. Subsection A above shall apply only if moneys are available in the Town of Berlin’s budget.
C. This section shall not be construed to include the construction of a new sidewalk at the request of an owner.
Sidewalk construction, repair or replacement, whether ordered by the town or requested by the owner, is subject to all applicable permit requirements imposed by the town for excavation or construction.
§ 92-20. Violations and penalties.
A. Any person who shall violate any provisions of this Article shall be guilty of a municipal infraction and shall be fined the sum of $100 for any single initial violation and the sum of $200 for each repeat or continuing violation.
B. The provisions of the Berlin Housing Code relating to hearings shall be applicable to notices and orders issued under this Article.