§ 14-72.  Notice.
   (a)   Whenever the city engineer or his designated agent ascertains the existence of holes or other defects in the sidewalks in the city, it shall be his duty to notify, in writing, the owner of the property abutting upon such defective sidewalk, to repair same within one hundred eighty (180) days after delivery of such notice.  If such owner be a nonresident of the city, or cannot be found, the notice may be delivered to his agent having charge of the property, and if there is no such agent, it may be delivered to the occupant of the property.  Such notice may be delivered by the city engineer, or his designated agent, by any police officer of the city, or by any other person authorized by law to serve a notice.  The city engineer or his designated agent shall maintain a duplicate record of all such notices, stating the name of the person to whom notice was given, and the date of service, and the name of the person serving the notice.  A second notice shall be sent ninety (90) days after the initial notice.
   (b)   Whenever the city engineer or his designated agent ascertains the existence of holes or other defects in the sidewalks in the city which are considered to be a severe hazard, it shall be his duty to notify, in writing, the owner of the property abutting upon such defective sidewalk, to repair same within thirty (30) days after delivery of such notice.  If such owner be a nonresident of the city, or cannot be found, the notice may be delivered to the occupant of the property.  Such notice may be delivered by the city engineer, or his designated agent, by any police officer of the city, or by any other person authorized by law to serve a notice. The city engineer or his designated agent shall maintain a duplicate record of all such notices, stating the name of the person to whom notice was given, and the date of service, and the name of the person serving the notice. A second notice shall be sent fifteen (15) days after the initial notice.  As used in this article, a "severe hazard" shall be defined as any defect in the sidewalk which is of such serious nature as to present a substantial risk of physical injury to any person who utilizes the sidewalk for its normal and intended purposes.
(Code 1977, § 11.540(2)) (Ord. No. 1513, § 1, 3-12-96)