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(a) Duty of Owner. No owner or occupant of abutting lands shall fail to keep the sidewalks, curbs or gutters in good repair and free from snow, ice or any nuisance.
(b) Notice to Owner to Correct Violations. Upon information that the sidewalk of an owner is in a state of disrepair and does not comply with this section, the Service Director shall cause a written notice to be served upon the owner, lessee, agent or tenant having charge of such land, notifying him or her that the sidewalk is in a state of disrepair and is in violation of this section and that the sidewalk must be repaired within 30 days of the date of such written notice.
(c) Fees for Service and Return of Notice. A marshal, a police officer, the Clerk of Council or a deputy may make service and return of the notice provided for in division (b) of this section and the fees therefor shall be the same as are allowed for service and return of summons in civil cases before a court.
(d) Failure to Comply; Equitable Remedy. If the owner, lessee, agent or tenant having charge of the lands mentioned in division (a) of this section fails to comply with the notice required by division (b) of this section, the Service Director shall cause the sidewalks to be repaired and may employ the necessary labor to perform the task. All expenses incurred thereby shall be paid out of any money in the City treasury not otherwise appropriated.
(e) Billing of Owner for Cost of Repairs; Unpaid Charges as a Lien upon the Property. The actual cost of bringing the sidewalk into good repair, plus 10% for inspections and administration, shall be billed to the owner. If such bill is not paid within 30 days after submission, Council shall make a written return to the County Auditor of its actions under divisions (b) to (d) of this section, with a statement of the charges for such services, which charges shall then be entered upon the tax duplicate, shall be a lien upon such lands from the date of the entry and shall be collected as other taxes and returned to the City.
(f) Penalty. In addition to the equitable remedy provided for herein, whoever violates division (a) of this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 97-O-08. Passed 9-9-97.)