(A) City Council acceptance. The construction of all curbs and gutters in the streets and alleys within the corporate limits of the city shall be under the direction supervision of the Street and Alley Committee of the City Council, or any person designated to establish lines, grades, and inspect the actual construction work. No curb or gutter shall be accepted by the City Council until the same has been examined and approved by the Street and Alley Committee or any person designated by the City Council.
(1978 Code, § 12.04.110)
(B) Notice to owner; cost.
(1) In all cases where the Street and Alley Committee deems it necessary to construct or repair a curb or gutter on the streets or alleys within the city, notice shall be served upon the owner of the lot or lots fronting along or touching on curbs or gutters, directing him or her to build or repair the curb or gutter within 30 days, and in such notice shall be given an estimate of the amount of material necessary for the construction or repair of such curb or gutter and the way in which the same is to be constructed.
(2) In all cases where the owner of the lot or lots abutting or fronting or directly opposite any curb or gutter to be built or repaired fails to build or repair such curb or gutter within 30 days after the notice is served upon, the city shall proceed to construct the curb or gutter or both, and the cost of construction or repairing the curb and gutter shall be extended against the property fronting or running along the same as a special tax.
(1978 Code, § 12.04.120)
(C) Special tax against owners; collection of warrants.
(1) The City Clerk is directed to prepare a special tax list against all such parcels of land, lot, or lots or parts of lots, and the name of the owner thereof, if known, ascertaining by computation the amount of special tax to be charged against each parcel of land, and the owner or owners, if known, on account of the construction and repair of the curb or gutter by the city, which special tax list shall be filed in the office of the Clerk. The Clerk shall thereupon issue warrants directed to the Chief of Police for the collection of the amount of the special tax ascertained and prepared by the special tax list, to be due on each parcel of land, from the respective owner or owners, abutting or fronting upon the curb or gutter, and the Chief of Police shall proceed to collect such warrants in the manner as constables are authorized to collect executions, and make return thereof, together with the money collected by him or her, to the Clerk within 60 days from the date of the issue. The money so collected shall be immediately turned over to the City Treasurer.
(2) In case any warrant is returned as to the whole or any part thereof uncollected, it shall be the duty of the Clerk to prepare in writing a special tax list describing the parcel of land, the amount against which the same is standing the remains unpaid upon each such parcel of land fronting or running along the curb or gutter. Said list together with a copy of the ordinance codified in this subchapter shall be certified to by the Clerk under oath that the same is a correct return of the parcel of land on which special tax is levied by authority of the city, for the cost of material and labor furnished for such curb or gutter, as specified in this subchapter, and that the amounts thereon stated are true and unpaid and have not been collected, nor any part thereof. The Clerk shall make a return of the same to the Collector or County Treasurer, not later than the March 15 each year. Thereupon, the Collector or Treasurer shall proceed to collect the same according to the state statutes in such cases made and provided.
(1978 Code, § 12.04.130)
(Ord. 104, passed - -1927; Ord. 224, passed - -1944)