(a) Initiatory resolution. When, in the opinion of Council, any sidewalk needs to be constructed, rebuilt or repaired, it shall, by resolution, direct the Mayor to prepare a report, with the assistance of the Engineer, containing any information it may request concerning such work.
(b) Plans and specifications. The Mayor shall request the Engineer to prepare, or cause to be prepared, plans and specifications of the work to be done, a schedule of the lands affected and such other information as Council may have requested.
(c) Report of Mayor. The Mayor shall prepare his or her report and shall include in it a schedule of all property affected by the work proposed to be done, pertinent information on such parcels as are owned by public authorities and such other information as Council may have requested. He or she shall present it to Council along with the plans and specifications of the Engineer, together with his or her recommendation as to what part, if any, should be a general obligation of the city, the number of installments in which the assessment should be spread and the lands which should be included in the special assessment district.
(d) Alternative procedure. When, in the opinion of the Mayor, any sidewalk needs to be constructed, rebuilt or repaired, he or she may request the Engineer to prepare, or cause to be prepared, plans and specifications of the work needed to be done and a schedule of the lands affected. The Mayor shall submit such information, along with his or her report and recommendations, to Council, in the same manner as though Council had requested it.
(e) Resolution of determination. After reviewing the plans and specifications and the report of the Mayor, Council shall, if it so desires, determine, by resolution, that the work be done, setting forth the details concerning it, prescribing a form of notice and directing the City Clerk to give such notice by publication or by registered mail addressed to the last known address of the owner of the land to be assessed.
(f) Contents of notice. The notice shall specify the extent of the work to be done, describe the property affected by the work, require the owner to perform the work promptly, in accordance with the plans and specifications of the Engineer, and designate a time within which the same shall be done.
(g) Work done by city. If, at the expiration of the time limit specified in the notice, within which the work must be done, the owner has not complied with the requirements thereof, Council shall, by resolution, order such sidewalk to be constructed, rebuilt or repaired under the direction of the Mayor by the proper department or agency of the city, or may do the work by contract or by hire.
(h) Mayor’s duties. The Mayor shall take all steps necessary to carry out the direction of Council in performing the work ordered, shall keep or cause to be kept an accurate record of all expenses in connection therewith, and, upon completion of the work to be performed, shall submit to Council a report of the work done and of all expenses in connection therewith.
(i) Assessment of costs. Council shall, by resolution, after examination of the Mayor’s report, determine what amount or part of each such expense shall be charged and the person, if known, against whom, and the premises upon which, the same shall be levied as a special assessment. By such resolution, Council shall determine the number of installments in which the assessment may be paid, determine the rate of interest to be charged on installments, not to exceed 6% per year, designate the district or land and premises upon which the special assessments shall be levied, direct the City Assessor to prepare a special assessment roll in accordance with Council’s determination, designate the name by which such assessment roll shall be known and referred to, and, as often as Council deems it expedient, require notice of the several amounts so reported and determined to be given by the City Clerk, either by registered mail sent to the last known address of the owner as shown on the assessment roll of the city or by publication.
(j) Special assessment roll. The City Assessor shall thereupon prepare a special assessment roll, including all lots and parcels of land within the special assessment district designated by Council, and shall assess to each such lot or parcel of land such sums as may have been directed by Council.
(k) Certificate of Assessor. When the City Assessor has completed such assessment roll, he or she shall attach thereto and endorse thereon his or her certificate to the effect that such roll has been made by him or her pursuant to a resolution of Council (giving the date of adoption of the same) and that in making the assessments therein, he or she has, as near as may be, according to his or her best judgment, conformed in all respects to the directions contained in such resolution, the City Charter and this chapter. Thereupon, he or she shall file such special assessment roll with the City Clerk who shall forthwith give notice as required by Council.
(l) Notice of hearing on roll. Upon receipt of such special assessment roll, the City Clerk shall give notice as directed by Council, which notice shall state the basis of the assessment and the amount thereof, describe the property affected thereby and give a reasonable time, which shall not be less than 30 days, in which a hearing may be had thereon or payment made.
(m) Hearing on objections. If payment is not made within the time specified in the resolution and notice, the Council shall meet at the time and place provided and hear any objections to the roll as prepared.
(n) Corrections and changes. Council may correct the roll as to any assessment or description of any lot or parcel of land or other errors appearing therein. Any changes made in the roll shall be noted in the Council minutes.
(o) Confirmation of roll. After such hearing, Council shall confirm such special assessment roll, with such corrections as may have been made, and the City Clerk shall endorse the date of confirmation thereon, and upon confirmation such roll shall be final and conclusive.
(p) Alternate proceedings. Council may, if it so desires, disregard the proceedings under this section and proceed entirely under the improvement procedure provided in this chapter, either as an individual improvement program or in conjunction with any other improvement program.
(Ord. 24, passed 12-8-1954)