(a) Construction and Repair may be Required. In addition to the power conferred upon the Municipality under Ohio R.C. 727.01 to construct sidewalks, curbs or gutters and levy an assessment therefor, Council may require the construction or repair of sidewalks, curbs or gutters within the Municipality by the owners of lots or lands abutting thereon, and upon the failure of such owners to construct or repair such sidewalks, curbs or gutters within the time prescribed in the resolution adopted under subsection (b) hereof, may cause such sidewalks, curbs or gutters to be constructed or repaired and assess the total cost thereof against the lots or land abutting thereon, notwithstanding the provisions of Ohio R.C. 727.03 and 727.05.
(b) Resolution of Necessity.
(1) When it is deemed necessary by the Municipality to require the construction or repair of sidewalks, curbs, or gutters within the Municipality by the owners of the lots or lands abutting thereon, Council shall cause plans, specifications, and an estimate of the cost of such construction or repair to be prepared, showing the location and dimensions of such sidewalks, curbs or gutters and the specifications for the construction or repair thereof, and to be filed in the office of the Clerk.
(2) After such plans, specifications and estimate of cost have been filed, as provided in this section, Council may declare the necessity for the construction or repair of such sidewalks, curbs or gutters by the adoption of a resolution which shall:
A. Approve the plans, specifications and estimate of cost of the proposed construction or repair on file as provided by this section;
B. Describe the lots and lands abutting upon the sidewalks, curbs or gutters to be constructed or repaired by the termini of the improvement or by the street address;
C. Set forth that such sidewalks, curbs or gutters shall be constructed or repaired by the owners of the lots or lands abutting thereon in accordance with the specifications on file in the office of the Clerk.
D. Set forth the time within which such sidewalks, curbs or gutters shall be constructed or repaired by the owners of the lots and lands abutting thereon, which shall not be less than thirty days from the date of service of notice under subsection (c) hereof on the owner of the lots or lands;
E. State than in the event such sidewalks, curbs or gutters are not constructed or repaired by the owners of the lots and lands abutting thereon in accordance with such plans and specifications and within the time prescribed in this resolution, the Municipality will so construct or repair such sidewalks, curbs or gutters and assess the costs thereof against the lots and lands abutting thereon.
(c) Notice to Construct or Repair. Notice of the passage of a resolution of necessity under subsection (b) hereof shall be served by the Clerk, or a person designated by such Clerk, upon the owners of the lots or lands abutting upon the sidewalks, curbs or gutters to be constructed or repaired in the same manner as service of summons in civil cases, or by certified mail addressed to such owner at his or her last known address or to the address to which tax bills are sent, or by a combination of the foregoing methods. If it appears by the return of service or the return of the certified mail notice that one or more of the owners cannot be found, such owners shall be served by publication of the notice once in a newspaper of general circulation within the Municipality. The return of the person serving the notice or a certified copy thereof or a returned receipt for notice forwarded by certified mail accepted by the addressee or anyone purporting to act for him or her shall be prima facie evidence of the service of notice under this section. The notice shall also set forth the place where the specifications governing the construction or repair of such sidewalks, curbs or gutters are on file, the time within which the owner of such lot or parcel of land may construct or repair the sidewalks, curbs or gutters, and that in the event the owner does not construct or repair the sidewalks, curbs or gutters in accordance with the specifications and within such time, the Municipality will construct or repair such sidewalks, curbs or gutters and assess the costs thereof against the lot or land of the owner.
(d) Assessments of Costs Against Owner.
(1) Upon the expiration of the time within which sidewalks, curbs or gutters shall be constructed or repaired by the owner of the lots or lands abutting thereon as set forth in the resolution adopted under subsection (b) hereof, the sidewalks, curbs or gutters not constructed or repaired by the owners of the lots and lands abutting thereon shall be constructed or repaired by the Municipality in accordance with the resolution adopted under subsection (b) hereof, and Council shall, upon the completion of such construction or repair, assess the costs thereof against the lots or lands abutting thereon.
(2) In anticipation of the collection of the costs of construction or repair of such sidewalks, curbs or gutters from the owners of the lots or lands abutting thereon, Council may provide for the issuance of bonds or notes and the proceeds thereof shall be used to pay for the construction or repair of such sidewalks, curbs or gutters.
(e) Proceedings may Include Different Owners. In all proceedings pertaining to the construction or repair of sidewalks, curbs or gutters under this section or Ohio R.C. 729.01 through 729.08, sidewalks, curbs or gutters upon different streets abutting upon lots or lands owned by different owners may be included in the same resolution, notice, contract, ordinance, or other proceedings.
(1998 Code Secs. 94.24 to 94.29)