§ 96.15  ABUTTING OWNERS TO BEAR COST OF MAINTENANCE, REPAIRS.
   (A)   Upon notice to the owner of the abutting lots or lands sent by the Safety and Service Director by certified mail, return receipt requested, or by personal service, the property owner shall install, repair, or perform maintenance on the sidewalks, curbs, and gutters abutting such lots or lands within 30 days of the notice being received, or such other reasonable time of not less than 30 days as the Safety and Service Director may establish in the notice.
   (B)   If the owner of the lots or lands believes that the direction of the Safety and Service Director is unreasonable, the owner may, within 15 days after receipt of the notice, send to or serve upon the Clerk of Council a notice of appeal of the directive by the Safety and Service Director.  The appeal of the property owner shall, within 15 days of delivery to the Clerk of the notice of appeal, be afforded a hearing before a committee of Council or by the entire Council.  Council by resolution shall then rule as to whether and to what extent the installation, repair, and maintenance shall be required of the property owner.
   (C)   If any owner of abutting lots or lands fails to make an appeal to Council within the 15 days provided for the appeal, he shall be conclusively presumed to have waived any right of appeal and to have accepted and agreed to the directive of the Safety and Service Director.
   (D)   In any case where the owner of abutting lots or lands fails to comply with the directive of the Safety and Service Director within the time allowed by the notice and 15 days in addition, the city may, in its sole discretion, install, repair, or perform maintenance on the sidewalks, curbs, and gutters and assess the reasonable costs thereof to the property owner, as provided by R.C. § 729.01.
   (E)   In an emergency situation, as determined by the Safety and Service Director, the city may in its sole discretion, perform repairs or maintenance upon the sidewalks, curbs, and gutters and bill the owner of the abutting lots or lands therefore.  The property owners shall then have the right to appeal the decision to perform such maintenance or repair, and also the cost thereof.  The appeal shall be upon written notice sent or delivered to the Clerk of Council and shall be heard within 15 days, either by a committee of Council or by the entire Council.  The determination shall be by resolution of Council as a whole.  If the owner of the abutting property fails to file an appeal within 15 days of the receipt of the bill, he shall be conclusively presumed to have accepted and agreed to pay the bill.
(Ord. 1982-27, passed 11-1-82)