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(a) Notice to Repair.
(1) Whenever the City Manager shall find that any paved sidewalk, sidewalk area (including driveways and the grass strip), is not in repair or is not free from nuisance, he shall notify the owner of the abutting property, in writing, to have the necessary reconstruction or repairs made. Such notice shall be served on the owner or his agent in the manner provided by law for the service of summons in civil actions. For the purpose of such service, any person charged with the collection of rents or the payment of taxes on the property, or having general control of it in any way, shall be considered the agent of the owner.
(2) Nonresident owners. When there is no resident owner in Hamilton or Clermont Counties, or no agent available for service of the notice or when the place of residence of the owner cannot be found, the notice shall be published at least twice in a newspaper of general circulation in the City.
(b) Contents of Notice. The notice provided for in subsection (a)(1) hereof shall identify the property and give the location of the sidewalk and the period of time allowed the property owner to have the work done by private contract. Such time shall be reasonable, but reconstruction and repairs to the sidewalk shall be completed within ninety days after the service of such notice.
(c) Protests Filed after Work Completed. If protests are filed after the work provided for in the notice to the property owner has been done, the Board's authority shall be limited to determining that the amount of the bill is correct and is charged against the right property, and that the work done was in accordance with the notice to the property owner. If the Board shall find that an amount has been incorrectly charged against the property, but the work has been done for which the City contractor is entitled to payment, it may order such payment made from the funds provided for the payment of the City's portion of sidewalk work.
(d) Work Done by City. If a defective sidewalk is not reconstructed, repaired or freed from nuisance within the period of time permitted by the notice to the owner of the abutting property, the City Manager shall cause the work to be done by contract, or by City forces, or both, and the entire cost shall be charged against such property.
(e) Emergencies; Costs. In case of emergency, the City Manager is authorized to have temporary repairs made, or to barricade and red-light the area, or otherwise provide for the public safety. The cost of all such emergency repair and protection shall be charged against the abutting property and shall be collected as provided in subsection (i) hereof.
(f) Right of Appeal. There shall be a Board consisting of the City Manager, the Department of Public Works Superintendent and the City Solicitor, or representatives appointed by them, which shall serve as a Board of Appeals to hear and determine any protests filed by property owners or their agents as to sidewalks, curb and gutter reconstruction or repair.
(g) Protests to be Filed in Writing. Any protests regarding sidewalk reconstruction or repair, or the assessment therefore, shall be in writing and filed with the City Manager within thirty days of the receipt of the Sidewalk Notice. The City Manager shall thereupon notify by regular US Mail the person filing the Sidewalk Notice of the date, time, and location of the hearing before the Appeals Board.
(h) Protests Filed Prior to Work. If protests are filed prior to the doing of the work called for by the notice from the City Manager, the Board of Appeals shall have authority to modify, alter or revoke any such notice, as to the amount or type of work required, or the time in which it shall be completed, consistent with the City ordinances and the specifications regarding sidewalk, curbing and gutter reconstruction or repair. The Board shall also have the authority to waive strict compliance with such requirements where such compliance would cause undue hardship, provided such waiver shall not cause or continue a public nuisance or an unsafe condition.
(Ord. 518. Passed 6-13-75; Ord. 529. Passed 10-7-75; Ord. 08-665. Passed 4-1-08.)
(i) Payment for Repairs.
(1) Property owner to be billed. Upon completion of any sidewalk by the City, as provided by subsections (d) and (e) hereof, the owner of the abutting property, or his agent, shall be billed for the costs and expense of the work. Such bill shall include:
A. All construction costs, including all costs of temporary repairs, barricading and red-lighting in emergency cases;
B. All permit fees; and
C. A charge for administrative costs of five dollars ($5.00) or ten percent (10%) of the construction costs, whichever is larger.
(2) Assessment against abutting property. Bills issued under subsection (i)(1) hereof, shall be payable, less a discount of one percent (1%), within thirty days from the date of such bill. Bills not paid within thirty days may be collected as set forth in subsection (j) hereof.
(j) Collection of Costs of Repair. Bills issued under subsection (i)(1) hereof and not paid within thirty days may be collected by the City by either of the following methods:
(1) The Clerk of Council shall certify the total costs, together with a proper description of the lands, to the County Auditor who shall place the costs upon the Tax Duplicate. The costs are a lien upon such lands from and after the date of entry. The costs shall be collected as other taxes and returned to the City by the Auditor.
(2) The City may commence a civil action to recover the total costs from the property owner. (Ord. 90-1335. Passed 9-18-90.)