§ 98.47  NOTICE TO CONSTRUCT OR REPAIR.
   (A)   (1)   Whenever the Department of Public Works shall determine that a sidewalk is unsafe for use, or required to be constructed for the public safety, the Department of Public Works shall give written notice thereof to the owner of the abutting premises by mail, addressed to the last known address of the owner, or if the owner or his address be unknown, by delivering the notice and leaving same with a person of suitable age and discretion at the premises, or if such person be not found, by posting such notice in some conspicuous place on the premises.
      (2)   The notice shall specify the construction of the sidewalk required and the specifications therefor, or the condition to be repaired and the nature of the repairs to be made.
   (B)   In the event such owner fails to repair or construct such sidewalk within 30 days, Department of Public Works shall report same to the City Manager with the request that the Department of Public Works be authorized to repair or construct the same. The City Manager may dispense with the notice and report and request the Council for authority to repair or construct the sidewalk if, in the City Manager's opinion, the sidewalk condition is unsafe and dangerous and requires immediate repair to assure public safety and to prevent the possibility of city liability for personal injury or property damage.
   (C)   Upon receipt of any such report of the failure of such owner to repair the sidewalk within the time specified in such notice, or such request for authority for immediate construction or repair, the Council may determine to construct or repair same by resolution and order the City Manager/Department of Public Works to proceed with the required work.
   (D)   The cost of repairs or construction hereunder, if made by the city, shall be charged against the premises abutting such sidewalk and the owner thereof in accordance with the provisions of Chapter 33 of this code.
(`73 Code, 30.053, § 4.43)  (Am. Ord. passed 8-24-99)