(a) Council shall, by resolution, declare the necessity for the construction or repair of the sidewalk in and on any street in front of or adjacent to private property. The resolution shall state the names of the owners, their addresses, and the location of such construction or repair. The City Clerk shall cause to be prepared two notices. The first notice shall be a notice sent to the property owners affected, and the second notice shall be a notice for public hearing, which notice will notify the public at large of the intention of the City to make such sidewalk improvements and to charge the cost thereof against the abutting property owner. The form of the notice sent to affected owners shall set forth the owners assessed, the estimated amount of sidewalk to be repaired or replaced, any new sidewalk to be installed and an estimated amount for the work. The notice shall also state that the property owner may cause such work to be done at his or her expense in conformity with the plans and specifications on file in the office of the City Clerk, provided that this work is completed by a date to be determined by Council after the date of the public hearing. The notice shall also include the public hearing notice. The form of the public hearing notice shall state the time and place at which Council shall meet for the purpose of reviewing the list of sidewalks so affected and hearing any person so assessed who considers himself or herself aggrieved thereby. The public notice shall not contain the list of sidewalks so affected, but shall make reference that the list may be reviewed at the City Clerk's office prior to the hearing. The notice to property owners shall be sent at least ten days prior to the date of the hearing by Council, and the City Clerk shall notify the owners by first class mail, so far as the same are known and as shown on the tax rolls of the City. The City Clerk shall cause the public notice to be published, once, in a newspaper of general circulation in the City at least ten days before the public hearing.
(b) At the time and place designated in the notice for public hearing, Council shall meet and hear all persons interested or affected in the construction or repair of sidewalks within the City, and shall consider all objections either given orally at the public hearing or filed with the City Clerk. At such time and place, Council shall review the resolution of necessity and the list of owners affected. Council may alter, change, or correct the same if necessary or may refer the list set forth in the resolution back to the City Manager for revision. However, in altering, changing or correcting the list set forth in the resolution, Council shall not add any other sidewalk construction or repair not included in the original resolution, except as is necessitated during on-site construction or upon the approval of the affected property owner. Further, Council may adjourn and continue such hearing from time to time. When the list set forth in the resolution has been set and confirmed by Council, Council shall, by resolution, approve the resolution of necessity and authorize the City Manager to commence work on the construction or repair of sidewalks so affected. The City Manager shall authorize additional sidewalk repair and/or replacement when, during construction, it is found that such repair and/or replacement is necessary due to on-site inspection, or at the request of the property owner to enlarge the affected area for repair and/or replacement. A change made under these circumstances shall not require further Council approval or a corrected resolution.
(c) If the property owner fails to cause such work to be done within the time allotted by Council after the date of the public hearing, then the City Manager shall proceed to have such work done and shall bill the property owner. The method of payment to be made by the property owner shall conform to Section 1022.055.
(Ord. 626. Passed 3-18-96.)