When a property owner has failed to install or repair a sidewalk as required by any section of this subchapter, the City Manager shall proceed as follows:
(A) Submit a report to the City Council with a recommendation regarding construction or repair of the sidewalk by the city and set a time and place for a hearing by the City Council;
(B) Send a notice of the hearing to the property owner by regular mail (plain envelope) and certified mail to the address listed on the county tax roll records. The notice shall:
(1) Be mailed at least ten working days prior to hearing;
(2) State the time and place for hearing and specify that the citizen will have opportunity to testify;
(3) Make reference to the specific violation;
(4) State the work to be done;
(5) State the name of staff member the citizen should contact for details;
(6) State the specific action the Manager is requesting Council to take in regard to the property; and
(7) Estimate the cost of installation or repair if city performs the work and state that the estimate is not binding upon the city and merely provided for property owner’s information and convenience.
(C) At the Council hearing, the Council shall:
(1) Receive the Manager’s report, staff comments, and the testimony of property owner if the owner desires to testify; and
(2) Deliberate and reach a decision based upon the testimony received, and either approve or deny the request of the Manager to install the sidewalk if the property owner has not complied in ten working days, or has not made other specific arrangements that are approved by the City Manager.
(D) Notice to property owner of the Council’s decision shall be given by regular mail (plain envelope) and certified mail and shall contain the following information:
(1) Council’s decision;
(2) A requirement that action occur within ten working days from the date of notice;
(3) The opportunity to make arrangements with the City Manager for prompt construction or repair of the walk, taking into consideration weather or other work in progress;
(4) The name of a staff member the citizen may contact for details or with whom other arrangements may be made that satisfy the requirements of the ordinance; and
(5) Notice to property owner that, if he or she fails to perform, the city will contract to have work done and will add 15% administrative charge to all costs; will charge interest at 12% annually; and, in addition, Council will levy an assessment against the property and file a lien in city lien docket with collection upon foreclosure or upon sale of property.
(E) In the event the owner(s) of the property or properties subject to the above procedure fail(s) to make the improvements or repairs as directed by the Council and the City Manager has caused the sidewalk to be installed or repaired, then the City Manager shall report to the Council the cost thereof, including 15% for administrative costs, together with the name or names of the owner(s) of record of the real property abutting the sidewalk. Upon the approval of the Council by ordinance, the same shall become a lien against the adjacent real property. The lien shall have priority over all other liens against the property, save and except the liens or taxes as by law take precedence.
(Ord. 336-99, passed 6-14-1999)