A. Order Of City: Whenever the city council or mayor shall deem it necessary, they shall order sidewalks to be constructed, repaired, replaced or built upon and along any street or avenue or highway and in front of any lot, piece or parcel of land fronting or abutting upon such street, avenue or highway. Such order shall be made by resolution and be shown upon the minutes of the city council. If such order is to build a sidewalk of different dimensions or of different material than the general rules of the city require, the said resolution shall specifically state the kind and character of such sidewalk, its dimensions and the mode of its construction. (1983 Code § 12.12.050)
B. Notice Required: Notice of the proposed action shall be given by the city council at least ten (10) days prior to the time the proposed action is to be taken. The notice must be given personally to the property owner or owners upon whose property the proposed sidewalks are to be constructed or, if the owner or owners live without the state or, after reasonable search, cannot be found within the state, the notice shall be published in one issue of the official newspaper of the city and a copy of the notice mailed to the last known address of the property owner or owners. If an agent of the owner who cannot be found resides upon the property or in the state, notice shall also be sent to said agent. (1983 Code § 12.12.060)
C. Hearing: The property owner or owners shall be given an opportunity to be heard in person or by attorney at the meeting at which the proposed action is to be taken and may present evidence in opposition thereto. The judicial rules of evidence shall not be applicable and the hearing shall be informal and shall be conducted as provided in section 1-9-2 of this code. The city council shall determine whether it is in the best interest of the city that such proposed action be taken. At such hearing, the city council may revise, reform or correct the proposed resolution and approve the same as corrected. The resolution and order shall be subject to an appeal to the courts within twenty (20) days after final action thereon and not thereafter. (1983 Code § 12.12.070; amd. 2004 Code)
D. Time Limits: The order of the city council shall be that the owner or owners shall within five (5) days begin construction of the sidewalks required and, if he fails to do so or fails to complete the sidewalks within a reasonable time, not in excess of thirty (30) days, the mayor, without further authority from the city council, shall proceed to construct the same and shall keep an account of the cost and expense thereof and at the next regular or special meeting of the city council shall submit a copy to the city council by filing the same with the city clerk and, if the city council shall approve the cost, the same shall be and is a first lien against such lot, piece or parcel of land which fronts or abuts upon the sidewalk constructed and shall be charged thereto and steps to collect the same shall be taken by the city attorney. (1983 Code § 12.12.080)