(A) Prior to the Council of said municipality adhering to the specifications of the West Virginia Code, as hereinbefore referred to, said Council shall cause to be mailed a written notice to all abutting property owners who abut to the area in which the Council has determined that the present sidewalk should be renewed or repaired, and said notice shall be sent by United States mail to the owner of said abutting property at said owner’s last known address. Said notice shall contain the fact that the Council has determined that the sidewalk abutting said property owner is in need of renewal or repair and that a discussion of such will be held on a specific date of a regular Council meeting. Further, said notice shall state that the owner may voluntarily renew or repair said sidewalk, if done in accordance with the provisions of this subchapter under the supervision of the Supervisor of City Services. Said notice shall further advise the property owner that should said property owner fail to voluntarily agree to make such renewal or repairs, that the Council will consider an ordinance mandating said repairs, in accordance with the West Virginia Code. Said notice provided for by this section shall be prior to any action taken, as provided for by the W. Va. Code Ch. 8, Art. 18.
(B) It shall be the responsibility of the municipality, Supervisor of City Services, to enforce this subchapter in regard to the specifications of the construction or renewal of any sidewalk within the municipality. Upon said Supervisor observing that a sidewalk within the municipality has not been built or repaired in accordance with the proper specifications herein contained, the Supervisor shall cause to be served, by written notice, either personally served or mailed by the United States mail upon the person so constructing or repairing said sidewalk, and upon the abutting property owner upon the person responsible for having said sidewalk built or repaired, and that said notice shall make said persons aware that the sidewalk is not being built or repaired in accordance with the specifications of the municipality, and that said construction shall be stopped immediately until such time as the specifications of the municipality have been incorporated within the plans for said sidewalk.
(C) Should the Supervisor, upon notice being received by the appropriate person, firm, business, corporation or partnership, observe that said notice is not being adhered to, then said Supervisor shall have the responsibility and authority to seek an injunction against said person, firm, business, corporation or partnership, to enforce the specifications of this subchapter.
(D) It is further ordained that this subchapter shall apply to all sidewalks that are so developed and repaired within the municipal corporation.
(Ord. 30, passed 7-23-1985; Ord. 30, passed 7-27-1999) Penalty, see § 94.99