(A) The governing body may, by resolution of three-fourths of its members, order the construction or widening of a sidewalk along and contiguous to any lot or piece of ground within the municipality. Notice of the governing body’s intention to construct said sidewalk shall be given by the Municipal Clerk by publication of notice one time in a legal newspaper of general circulation in the municipality. A copy of said notice shall be personally served upon the occupant in possession of such property, or, when personal service is not possible, said notice shall be posted upon such premises ten days prior to the commencement of construction. The notice required in this section shall be prepared by the Municipal Attorney in accordance with the provisions of this section. Such service shall include a form of return evidencing personal service or posting as herein required.
(B) (1) Said notice shall notify the owner of the premises of the passage of the resolution ordering him to construct or cause to be constructed a sidewalk within 45 days after the date of publication; and, further that, if he or she fails to construct the sidewalk or cause the same to be done within the time allowed, the municipality will cause the sidewalk to be constructed and the cost thereof shall be levied and assessed as a special tax against the premises.
(2) In the event the property owner is a non-resident of the county in which the property lies, the municipality shall, before levying any special assessment against that property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested to the last known address of the non-resident property owner. The last known address shall be that address listed on the current tax rolls at the time such required notice was first published.
(Ord. 2329, passed 2-15-2011)