A. Lien Against Adjacent Property
1 : The costs of construction, repair or maintenance of all sidewalks constructed pursuant to this chapter shall be a first lien upon the land fronting or abutting upon the sidewalks so constructed, repaired or maintained and the same shall be certified to the county. The lien may be collected by foreclosure proceedings by suit brought in the name of the city. All monies due the city for the construction, repair or maintenance of any sidewalk upon which the work is done by the city are due, owing and payable within ten (10) days after the construction, repair or maintenance of such sidewalk, and the sum shall bear interest from that date at the prevailing statutory rate until paid. (1983 Code § 12.12.090)
B. Notice; Hearing; Appeal: Within five (5) days after entering such liens, the city clerk shall mail a notice of the total amount of the lien, together with a description of the property to the owner of the property at his last known address or, if the owner is not known, to his agent or, if no agent is known, to the tenant or occupant of the premises or, if there is no such occupant, then by publication in one issue of the official newspaper of the city. Within ten (10) days after the mailing or publication of such notice, any party interested may file with the city clerk a written protest against such assessment. If a protest is made, the city council shall fix a time and place for hearing the same, give reasonable notice of such hearing to the party protesting, and may, upon such hearing, approve the assessment, or revise, reform or correct the assessment and approve the same as corrected. The hearing provided shall be in accordance with the provisions of section 1-9-2 of this code, and the city council shall determine whether the assessment upon the property is reasonable in relation to the properties in close proximity thereto. If no protest is made, the assessment shall be deemed automatically approved and confirming any assessment hereunder shall be subject to an appeal to the courts within twenty (20) days from the date of the final order and no appeal shall lie thereafter. (1983 Code § 12.12.100; amd. 2004 Code)
Notes
| 1 | 1. IC § 45-101 et seq. |