If three-fifths of the record resident abutting owners of property in fee simple, subject to assessment for sidewalk improvements, petition the governing body to make the same, the governing body shall proceed in all things as though such construction had been ordered by it. Upon the petition of any freeholder who is an abutting owner in fee simple of property subject to assessment for sidewalk improvements, the governing body may order permanent sidewalks built in accordance with this subchapter upon the freeholder making, executing, and delivering to the municipality an agreement to the effect that the petitioning freeholder will pay the engineering service fee and the cost of the construction of the sidewalk, and that the cost of such construction including the engineering service fee and all other incidental construction costs until paid shall be a perpetual lien upon the real estate along which the freeholder desires such sidewalk to be constructed and that the petitioner gives and grants to the municipality the right to assess and levy the costs of such construction against the freeholder’s real estate abutting the sidewalk improvement and promises to pay such costs with interest. The total cost of such improvement shall be levied, allocated, financed, and specially assessed as provided by law. In the event the property owner is a nonresident of the county in which the property lies, the municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested, to the last known address of the nonresident property owner. The last known address shall be that address listed on the current tax rolls at the time such required notice was first published.
(Prior Code, § 8-208)