(a) Time limit. If after the expiration of 60 days after the date of publication or after the receipt of the notice thereof, an owner fails to reconstruct or repair the sidewalk, curb, or driveway, the director shall issue a work order to the chief engineer to reconstruct or repair the sidewalk, curb, or driveway as provided in subsection (b).
If both written notice and publication is given to an owner, the expiration of the 60 days shall be based on whichever form of notice was last given.
(b) Reconstruction or repair of sidewalks, curbs, or driveways by city. The chief engineer is authorized and empowered to pay for the reconstruction or repair of sidewalks, curbs, or driveways out of city funds or to have the work done by city employees.
(c) Charge to owner. When the city has reconstructed or repaired the sidewalk, curb, or driveway or has paid for such work, the cost thereof, including overhead costs, plus accrued interest at the rate of 7 percent per year shall be charged to the owner of such property and the owner shall be billed therefor by mail. The bill shall apprise the owner that failure to pay the bill will result in a lien. Interest at the rate of 7 percent per year shall accrue from the 31st calendar day after the bill has been mailed to the owner for payment if the same has not been paid prior thereto.
(d) Statement of chief engineer. Where the full amount due the city is not paid by such owner within 30 calendar days after the bill has been mailed for payment, the chief engineer shall cause to be recorded with the city director of budget and fiscal services a statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which the work was done and file the same with the director of budget and fiscal services who shall refer the collection thereof to the corporation counsel.
(e) Mechanic’s and materialman’s lien procedure. Any work done by the city under this section is deemed to be done pursuant to quasi-contract or constructive contract between the city and the owner. Based on the foregoing contractual relationship, if the owner fails to pay the amount duly noted on the statement filed by the chief engineer, the corporation counsel may proceed to file a mechanic’s and materialman’s lien pursuant to HRS Chapter 507, Part II, or any other appropriate lien procedures.
(Sec. 20-2.7, R.O. 1978 (1983 Ed.)) (1990 Code, Ch. 14, Art. 18, § 14-18.7)