Loading...
(A) If the City Council shall find upon the hearing or any adjournment thereof that the sidewalks embraced within the report, or any of them, are in such disrepair as to be dangerous to the public travel thereon, it shall direct the Public Works Director to send or cause to be sent a written notice of the defect to the owner of each parcel of land abutting upon any defective sidewalk, directing him or her to cause the sidewalk in front of his or her parcel of land to be repaired at his or her own cost and expense in the manner recommended by the Public Works Director within 30 days from the date of the notice.
(B) The notice shall further state that if the sidewalk is not so repaired by him or her, the city will proceed to make the repairs and assess the cost thereof against the abutting parcels of land. For good reason shown, the Public Works Director is authorized to extend the time given to any owner with which to make the repairs.
(Prior Code, § 8-1-4)
(A) If any repair is not made by the owner of the abutting parcel of land within the time and in the manner specified in the notice to him or her or any extension thereof granted by the Public Works Director, the city may then proceed to make the repair under contract or by its employees under the supervision and direction of the Public Works Director or of some competent person in his or her office assigned thereto.
(B) Careful and adequate records of the cost of each repair shall be maintained showing the cost in time employed and of materials used in effecting the repair.
(Prior Code, § 8-1-5)
After any repair or any group of repairs to be made by the city has been completed, the Public Works Director shall certify to the City Council the total cost thereof, and thereupon the Council shall determine by resolution the amount of the total cost the city will pay, if any, other than the amount, if any, which it will pay as a property owner and the amount to be assessed. The resolution shall then be filed with the City Clerk. The City Clerk, with the assistance of the Public Works Director or other qualified person selected by the Council, shall calculate the proper amount to be assessed against each abutting parcel of land in front of which any of such repairs have been made by the city on the basis of the cost thereof and shall prepare a proposed assessment roll and deliver it to the Council.
(Prior Code, § 8-1-6)
Upon receipt by the City Council of the proposed assessment roll, it shall, by resolution, set a date for a public hearing thereon and file the proposed assessment roll with the City Clerk where it shall be open to public inspection. Thereupon the City Clerk, under the direction of the Council, shall cause to be published once in the legal newspaper of the city a notice of the public hearing giving the date, time, and place thereof, stating the general nature of the improvement and that written or oral objections to the assessments will be considered at the hearing. The notice shall be published at least one week before the date of the hearing.
(Prior Code, § 8-1-7)
(A) At the meeting or any adjournment thereof, the City Council shall consider the objections made, if any, to the proposed assessments, may amend the proposed assessment roll in respect to a particular parcel of land but shall not increase the assessment, and may then adopt by resolution the proposed assessment roll as made or as amended.
(B) Upon the adoption, the assessment roll shall be filed with the City Clerk, and upon the filing the amount assessed thereby against the respective parcels of land included therein, together with accrued interest at such rate per annum as the City Council may from time to time fix by resolution, shall become a lien thereon and continue until the assessment is fully paid.
(Prior Code, § 8-1-8)
(A) Any person being aggrieved by any assessment may appeal therefrom to the District Court of the county wherein the property is located by serving upon the City Clerk, within ten days after the filing of the assessment roll in the Administrator’s office, a notice of appeal stating the grounds of the appeal and giving a bond for $250 conditioned that he or she will diligently prosecute the appeal, pay all costs and disbursements which may be adjudged against him or her, and abide by the order of the court, and by filing a copy of the notice with proof of service thereof on the City Clerk with the court within two days after the service upon the City Clerk.
(B) (1) The appeal shall be placed upon the calendar for the next general term of the court commencing more than ten days after the filing of the copy of the notice with the court, and the appeal shall be tried as other appeals in such cases.
(2) Upon an appeal being perfected, the City Clerk shall omit the parcel in respect of which the appeal is taken from the duplicate assessment roll to be certified to the County Auditor, as provided in § 92.29, until the appeal is disposed of by the court.
(Prior Code, § 8-1-9)
On or before November 30, the City Clerk shall transmit a certified duplicate of the assessment roll so adopted to the County Auditor of the county in which any parcel of land subject to the lien is situated, setting forth the amount of the assessment, together with interest computed to the first Monday in January of the succeeding calendar year.
(Prior Code, § 8-1-10)
The owner or occupant of every building or tract of land within the city fronting upon any street having a sidewalk abutting upon such premises shall clear the sidewalk of snow within 48 hours following the termination of any snowfall of two inches or more or control the formation of ice from any cause. If the snow is not removed or ice is not controlled by the owner or occupant within the time specified herein, the same shall be removed or controlled under the direction of the Public Works Director and the city shall be reimbursed for the expense of the removal by the property owner within 30 days per the current city fee schedule. If payment is not received by the due date, the costs shall be levied against the property owner as a special assessment and collected as in the case of other special assessments.
(Prior Code, § 8-1-11) (Ord. 153, passed 4-13-1987; Ord. 492, passed 1-12-2009; Ord. 507, passed 1-11-2010)
Loading...