It shall hereafter be the responsibility of each and every property owner whose property is a part of or immediately abutting a hard surface public sidewalk to maintain the same in a reasonably usable condition for pedestrian traffic and failure of the property owner to so maintain the sidewalk may be enforced in the following manner:
(A) In the event a property owner shall fail to maintain a sidewalk as herein provided, the Town Council, through the Clerk-Treasurer, may give written notice to the property owner to forthwith take the steps as are necessary to provide that maintenance, including the removal of an existing sidewalk and replacement thereof.
(B) In the event the property owner shall fail to provide a plan proposal for the ordered maintenance within 10 days following the mailing of written notice thereof or fail to complete the ordered maintenance within 60 days after the mailing of written notice thereof, unless the time shall be extended by the Town Council, the Town Council may take action as it deems appropriate to effect the required maintenance, including:
(1) Enforcing this section by instituting and pursuing an action for an injunction to require compliance herewith;
(2) Proceeding to complete and accomplish the required maintenance at the expense of the property owner and if not paid within 30 days after billing to the property owner by the Town Council, the same may be entered as a tax lien upon the abutting property; or
(3) By pursuing other remedies as may be provided by law.
(C) Failure of a property owner to comply with the provisions of this section shall constitute an infraction and the property owner may be subject to a fine or penalty for failure to comply with the orders of the Town Council in any sum not to exceed the maximum statutory penalty for commission of an infraction of this code.
(D) In the event the property owner shall, within 10 days after mailing of notice to provide the maintenance, file a written request with the Town Council for a hearing upon the propriety and necessity of the order, a hearing thereon shall be provided by the Town Council and the property owner shall be relieved of compliance with the order or any other provision of this section until the time the Town Council shall enter its order upon the hearing.
(1982 Code, § 8-11) Penalty, see § 92.99