(A) The owner of the premises making application for the parking on right-of-way and all successors in ownership thereof shall be fully responsible for the completion, maintenance or repair of the parking area.
(B) Any person, firm or corporation making application for a permit to establish parking on the right-of-way shall submit, with the application, an agreement and covenant running with the land on which the parking is located, which shall require the owner of the property to maintain the parking area on public right-of-way according to the regulations of the city for as long as the area is maintained for vehicle parking, and which shall provide that, upon failure to maintain the parking area on public right-of-way, the city shall have the right upon notice and hearing to the current owner of the subject property to repair the parking area adjacent to public rights-of-way as abatement of public nuisances.
(C) If the property owner shall fail to properly maintain or repair the parking areas on right-of-way to an extent which threatens or causes surface or subsurface damage to an adjoining street or alley under the care of the city, then the city may repair the areas and recover all costs incurred in making the repair, in accordance with the following procedures:
(1) At least ten days' notice shall be given to the owner of the subject property by certified mail with return receipt requested at the address shown by the current year's tax rolls in the County Treasurer's office before the City Council holds a hearing or takes action. However, if the property owner cannot be located as shown by the return receipt, notice may be given by publication one time not less than ten days prior to any hearing or action by the City Council.
(2) The owner of the property may give his or her written consent to the city authorizing the repair of the parking area on public right-of-way. By giving the written consent the owner waives his or her right to a hearing by the City Council.
(3) A hearing may be held by the City Council to determine whether the parking area on public right-of-way has become a public nuisance by reason of deterioration or damage which threatens to cause or causes surface or subsurface damage to the adjoining street, alley or public way, or which
constitutes a nuisance or a hazard to traffic or pedestrians.
(4) Upon a finding that the condition of the property constitutes a nuisance or hazard to traffic or pedestrians or threatens to cause surface or subsurface damage to adjoining public streets, the agents of the city are granted the right of entry on the property for the repair of the parking area on public right-of-way and performance of the necessary duties as a governmental function of the city.
(5) The City Council shall determine the actual cost of the repair and any other expenses as may be necessary in connection therewith, including the cost of notice and mailing. The City Clerk shall forward, by certified mail with return receipt requested, to the property owner, at the address specified herein, a statement of the actual cost and demanding payment. If the repairs are done by the city, the cost to the property owner for the repairs shall not exceed the actual cost of the labor, maintenance and equipment required, plus costs of mailing and publication. If the repairs are done on a private contract basis, the contract shall be awarded to the lowest and best bidder.
(6) If payment is not made within 30 days from the date of the mailing of the statement, the City Clerk shall forward a certified statement of the amount of the cost to the County Treasurer and the same shall be levied on the property and collected by the County Treasurer as other taxes authorized by law. The cost and the interest thereon shall be a lien against the property from the date the cost is certified to the County Treasurer, coequal with the lien of ad valorem taxes and all other taxes and special assessments and prior and superior to all other titles and liens against the property, and the lien shall continue until the cost shall be fully paid. At any time prior to the collection, as provided herein, the city may pursue any civil remedy for collection of the amount owing and interest thereon. Upon receiving payment, if any, the City Clerk shall forward to the County Treasurer a notice of the payment and directing discharge of the lien.
(Prior Code, § 15-306) (Am. Ord. 1317, passed 1-8-85) Penalty, see § 70.999