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(a) Whenever Council, by resolution, declares that certain specified sidewalks, curbing or gutters shall be constructed or repaired, the Clerk of Council shall cause a written notice of the passage of such resolution, together with a duplicate of the sidewalk survey indicating which sidewalks are to be repaired, as it pertains to such parcel of land, and the cost per square foot of these repairs, to be served upon the owner or agent of the owner of each parcel of land abutting on such sidewalk, who may be a resident of the City, in the manner provided by law for the service of summons in a civil action, and shall return a copy of the notice to the Service Director, with the time and manner of service endorsed thereon, signed by the officer serving it.
(Ord. 6-1987. Passed 1-20-87.)
(b) In the event that it becomes necessary to repair or replace all or a portion of a sidewalk at a single parcel of property pursuant to individual complaint(s), the Service Director is authorized to cause such repair or replacement after the necessity therefor has been determined.
(Ord. 187-1989. Passed 9-5-89.)
(c) For the purpose of the service set forth herein, if the owner is not a resident of the City, any person charged with the collection of rents or the payment of taxes on such property, or any person having general control thereof in any way, shall be regarded as the agent of the owner, and the return shall have the like force and effect as the Sheriff's return on summons in a civil action.
(d) If it appears in any such return that the owner is a nonresident of the County, or that neither such owner nor his or her agent nor either of their places of residence can be found, publication of a copy of the resolution in a newspaper of general circulation in the City, in the manner provided by general law for service by publication of resolutions for street improvements, shall be deemed sufficient notice to such owner, but no publication of the resolution shall be necessary in the case of construction or repair of sidewalks, curbing and gutters where the notice is served upon the owner or agent.
If the sidewalks, curbing or gutters are not constructed or not repaired within thirty days from the service of notice or completion of the publication, the Service Director may do it or have it done at the expense of the owner. Such work shall be limited to that work outlined in the survey. Residents shall be given three working day's notice, weather permitting, when the City will begin work.
Inspection costs and related costs shall be assessed on all the property abutting or abounding thereon. Such assessments shall be collected in the same manner as in cases of improvements, with a penalty of five percent and interest for failure to pay at the time fixed by the assessing ordinance.
(Ord. 6-1987. Passed 1-20-87.)
No other or further proceedings for the construction or repair of sidewalks, curbing or gutters and levying assessments therefor shall be necessary by the Service Director than the proceedings required under this section and Sections 903.03 and 903.04. In any case in which special assessments have been made on property for all of the cost of the construction or repair of sidewalks, curbing or gutters under such sections, such assessments, within the limitation of benefits and the limits of the taxed value of the property, shall be valid assessments upon such property.
In the passage of a resolution declaring that certain specified sidewalks, curbing or gutters shall be constructed or repaired and in all the subsequent procedure necessary to secure the construction or repair of sidewalks, curbing and gutters and collect the assessments therefor, sidewalks, curbing or gutters, although upon different streets and abutting upon lots and lands owned by different persons, may be provided for in the same resolution, notice, contract and ordinance or other steps in such procedure.
(Ord. 10483. Passed 10-18-54.)
The assessment of the cost and expense of constructing or repairing sidewalks, curbing or gutters upon abutting, adjacent and contiguous property, or upon other specially benefited property, shall be made according to the rule provided for street improvement by general law.
(Ord. 10483. Passed 10-18-54.)
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