(A) Responsibility of repair and maintenance of abutting sidewalks and driveways. The responsibility for the repair and maintenance of sidewalks and driveways within the city is hereby deemed to be that of abutting property owners. Property owners shall be responsible for maintaining the abutting sidewalks in a reasonably safe condition and shall repair and maintain the abutting sidewalk at their own expense as and when needed, in the opinion of the Street Department Superintendent (the "Street Superintendent") or his or her designee.
(B) Notice of order to repair. Should a property owner fail to maintain his or her abutting sidewalk and/or driveway in a reasonably safe condition, then, in the interest of the health, safety and general welfare of the public, the city, in its sole discretion, may issue a notice or an order to repair the sidewalk and/or driveway to the responsible owner.
(C) Issuance and service of notice to repair.
(1) Notice of an order to repair or improve any sidewalk and/or driveway within the city shall be issued by the Street Superintendent or his or her designee. The notice shall be addressed to the common address of the property in question and also to the address of the property owner, if different, and shall be sent by certified mail.
(2) The property owner shall perform the requested repairs or improvements to the sidewalk and/or driveway within 30 days from the date of the notice as required by the notice, or any extended time therefrom allowed by the Street Superintendent or his or her designee.
(D) Contract for repair. In the event any property owner fails to comply with the order to repair any sidewalk or driveway within the city issued by the Street Superintendent or his or her designee, the Board of Public Works and Safety, in its sole discretion, may have the sidewalk or driveway constructed or repaired. In causing the sidewalk or driveway to be constructed or repaired, the Board of Public Works and Safety may let a general contract for the making or repairing of all sidewalks and/or driveways subject to the issued order. The letting of any contract under the provisions of this section shall be governed by the laws of the state regulating contractual authority of the Board of Public Works and Safety for such matters, as they may be amended from time to time.
(E) Assessments. Assessments for the construction or repair of sidewalks or driveways shall be levied and collected pursuant to the terms of I.C. 36-9-36, as amended from time to time.
(Ord. 2022-07, passed 11-14-2022)