(A) In case any person shall fail or refuse to comply with the requirements of a resolution of the Common Council ordering the repair of a sidewalk, the City Engineer shall forthwith notify the Street Commissioner of the failure or refusal, and the Street Commissioner shall, as soon as practicable, make the repairs specified and required in the resolution under the direction of the City Engineer and to his or her satisfaction and acceptance.
(B) The Street Commissioner shall report to the Common Council the costs of the repair in detail, giving the name of the owner and a description of the lot or premises liable therefor and the amount for which each is chargeable, and the certificate of the City Engineer attached showing that the work has been properly done and brought to the established grade.
(C) The city shall hold and have a lien upon all lots and parts thereof abutting on any sidewalk or curbing so repaired by the Street Commissioner for the costs thereof, and the lien shall begin at the time of the completion of the repairs.
(D) The Common Council shall assess the expenses by resolution upon the lots, respectively, and shall demand payment from the parties against whom the assessments shall be made. In case any of the owners of lots or parcels of ground on which these assessments have been made shall fail or refuse, for the space of 20 days after the date of the assessment by the Common Council, to pay this amount thereof due by that person to the city, it shall be the duty of the County Treasurer in behalf of the city, to file his or her affidavit in the Clerk’s office of the city, stating that the whole or some part of the assessment remains unpaid, showing the amount paid and the amount due and remaining unpaid and stating that the estimate thereof has been duly made and that work estimated has been done according to the provisions of this chapter and the resolution ordering the work. It shall be the duty of the Clerk at the next regular meeting of the Common Council to report the affidavit to the Council, whose duty it shall be to cause a precept to be issued for the collection of the assessments or any unpaid balance thereof, in accordance with the provisions of state law.
(Prior Code, § 101.45)
Statutory reference:
Assessment liens, see I.C. 36-9-36