(A) Whenever any sidewalk in the city shall become out of repair by reason of the brick or stone or other paving material becoming displaced, or breaking, or giving way or being removed from its original position, or when any walk becomes depressed and uneven in any part thereof and requires leveling up; and for any reason any walk is defective and requires mending and repair to make the same safe and convenient for public travel, it is made the duty of the owner of the lot or lands abutting on that part of the sidewalk in front of his or her lot or land to repair the same in compliance with the requirements of the order of the Common Council so to do, as hereinafter provided.
(B) When any sidewalk shall be out of repair as aforesaid, the Council shall pass a resolution setting out the particulars and stating what work will be required to put the same in repair and that property owner will be required to put the same in repair and that property owner will be required to repair in the walk in the manner set out resolution within 20 days after receiving notice to repair the same as hereinafter provided.
(C) The Street Commissioner shall immediately make out and serve on the abutting property owner or his or her authorized agent, a written or printed notice setting out the substance of the resolution, giving a description of abutting property and notifying the owner of the property to repair the walk as in the resolution required within 20 days from the service of the notice and that on failure of the property owner so to repair the walk within the time, the city will make the repairs at his or her expense.
(D) If the owner be a resident of the city, service of the notice shall be had by leaving a copy thereof with the owner or by leaving the copy at his or her last and usual place of residence.
(E) If the owner be a nonresident of the city and his or her office address be known, then by mailing to him or her a copy of the notice to his or her post office address.
(F) If the owner be a nonresident of the city and his or her post office address be not known, then by posting up a copy of the notice in a conspicuous place on the abutting lot or lands.
(G) And in case of a nonresident owner, the delivery of a copy of the notice to his or her authorized agent shall be sufficient service.
(H) If the property owner shall fail to make the repairs in compliance with the resolution and notice within the 20 days, then the Street Commissioner shall make repairs, requited or cause the same to be made, incurring no unnecessary expense therein. The Street Commissioner shall keep an accurate account of the necessary cost of the work and he or she shall file with the City Clerk-Treasurer an itemized verified account of the cost of the work in which shall be given a description of the property and the name of the owner thereof and the date when the work was done.
(I) Repairs so made, or caused to be made, shall be at the expense of the abutting property owner and the city may recover the cost of any repairs from the abutting property owner in an action against him or her, in the name of the city, in any court of competent jurisdiction. In that action the city shall also recover its court costs and a reasonable fee for its attorney for his or her services in its behalf.
(1982 Code, § 95.18) (Ord. 35-1931, passed 9-22-1931) Penalty, see § 153.99