(A) All property owners abutting the public ways of the city shall keep their respective sidewalks, curbs, or gutters in repair, in safe condition, and in compliance with this code.
(B) Any property owner who fails to repair or replace his sidewalks, curbs, or gutters abutting the public ways of the city may be notified by the Superintendent of Streets to repair the same. If, after 30 days from posting by United States mail with proper postage affixed a notice to the owner as determined by the tax duplicates in the office of the Auditor of DeKalb County, State of Indiana, the property owner fails to make the necessary repairs, the city may do so and charge the property owner.
(C) Upon failure of the owner to pay the charge for repair or replacement of sidewalks, curbs, or gutters levied by the city within ten days after completion of the work, the Clerk-Treasurer shall file in the office of the Recorder of DeKalb County, Indiana, for recordation in the miscellaneous records a notice that the city claims a lien on the real estate on which work was done, and from and after the filing of the notice, such charge shall be a lien on the real estate and may be enforced by foreclosure in the same manner in which mechanic's and materialmen's liens are enforced under the laws of the state. Foreclosure proceedings shall be at the cost of the defendant owner or owners and with attorney fees.
(D) Any property owner repairing or replacing his sidewalks, curbs, or gutters abutting the public ways of the city so as to restore them to a safe condition in compliance with this code and pursuant to a notice according to the provisions of this section, may make the necessary repairs and replacements without a bond filed with the city and without obtaining a building permit on condition that the repair or replacement conforms to any building codes or ordinances then existing pursuant to specifications, size, and shape of sidewalks, curbs, or gutters; or in the alternative it may be replaced through the General Improvement Fund of the city.
(E) In determining that sidewalks, curbs, or gutters are in unsafe condition, the Superintendent of Streets shall consider, on inspection, including but not in limitation of, the following problems: high joints, weathered surface, chipped surface, scaled surface, poor alignment, and poor grade.