(a) The City Inspector, is hereby authorized and empowered to determine what sidewalks are defective. The City Inspector shall cause written notice of the passage thereof to be served upon the resident owner, or agent of the owner, of each parcel of land abutting upon said sidewalk, in the manner provided by law for the service of summons in civil actions. For the purpose of such service, if the owner of any such property be not a resident, any person charged with the collection of rent, or the payment of taxes on such property, or having control thereof in any way, shall be regarded as the agent of the owner, and service upon such person shall have the like force and effect as though personal service were made upon the owner thereof. But if it shall appear from any such return that the owner is a nonresident, or that neither such owner nor agent can be found, one publication of a copy of the resolution in a newspaper of general circulation in the City to serve the notice to repair as herein provided.
(b) The individual or party receiving the notice shall inform the City within ten (10) days from the service of notice of their intent to repair or replace the sidewalk or to have the City replace the sidewalk as part of the sidewalk program. If individual or party receiving notice chooses to repair or replace the sidewalk themselves or by utilizing a licensed contractor a permit must be obtained within thirty (30) days from service of the notice. Once a permit is obtained the individual or party will have thirty (30) days to complete the required repair or replacement.
(c) If sidewalks are not constructed or repaired within sixty (60) days from the service of the notice provided for in the preceding section, or the completion of the publication thereof, the City Service Director may proceed by direct employment of labor, or by contract, to carry out the said construction or repair at the expense of the owner, as in the case of other improvements. Such total expense, including all associated expenses such as clearing and grading, shall be reported by the City Manager to the Council, which shall by ordinance assess said expense upon the owner or owners of the property bounding or abutting thereon. Such assessment shall be collected in the same manner as other assessments, with a service fee of five percent (5%) plus the County Auditor's fee for providing collection services for failure to pay at the time fixed by the assessment resolution. Such amount remains unpaid or in the instance where the address of the owner is unknown, the Director of Finance shall certify the total amount of the expenses, the name of the owner of the land and a sufficient description of the premises to the County Auditor, to be entered on the tax duplicate, to be a lien upon each lot or parcel of the abutting property as soon as repairs have been completed in front of such lot or parcel from the date of entry and to be collected as other taxes and assessments and returned to the city.
(Ord. 23-11. Passed 3-6-23.)