If the abutting property owner does not maintain sidewalks as required, the Council may serve notice on the owner, by certified mail, requiring the owner to repair, replace or reconstruct sidewalks within a reasonable time and if the action is not completed within the time stated in the notice, the Council may require the work to be done and assess the costs against the abutting property for collection in the same manner as a property tax. Notwithstanding the foregoing, the City Council may, from time to time as fiscal resources are available, allocate funding for the repair, maintenance and reconstruction of sidewalks to cover whatever proportion of the repair costs it deems affordable and appropriate in a given fiscal year, and said funds shall be allocated by priority set forth by the City Engineer. Regardless of the availability or unavailability of said funds, nothing in this section shall shift the legal responsibility of abutting owners for the present or future maintenance and care of sidewalks or for legal liability arising out of the same, as set forth in § 97.028.
(Iowa Code §§ 364.12(2)(d), 364.12(2)(e)) (1999 Code, § 136.05) (Ord. 2582, passed 5-22-2018) Penalty, see §
10.99