In the event that the owner of real estate abutting upon any street in the City fails or refuses to pave or repave, curb or recurb, or repair any such sidewalk adjacent to their property and such failure or refusal continues for a period of thirty (30) days following written notice to said property owner to make such improvements or repairs, then Council may cause the same to be properly paved, curbed or repaired and shall levy and collect from said owner the whole cost of same, with a penalty of five percent (5%) per annum together with interest at the rate of six percent (6%) per annum until paid. In all cases of such assessment, whether for the original paving and curbing, or for the repaving, recurbing, or repairing thereof, payment thereof, including penalty and interest, shall be made to the City Clerk within thirty (30) days after the completion of the work. Upon completion of said work, the Clerk shall prepare an itemized statement of the cost of same, including penalty and interest. One copy thereof shall be dispatched by registered mail, to the abutting owner, and one copy, certified by said Clerk to the Clerk of the County Court of Mineral County, West Virginia, shall be filed for record in the office of said Clerk of said County. There shall be a lien on abutting property so assessed under this article, which lien shall become effective as against creditors of the owners thereof, or purchasers for value without actual notice of such lien, only from and after the filing for record of said certified statement. Said lien shall have priority over all other liens except liens for taxes and may be enforced by Council by a suit in equity in the corporate name of the Municipality in the same manner as is prescribed by law for the enforcement of liens upon real estate.
(Ord. 114. Passed 3-6-51.)