SECTION 38. PAVEMENTS.
   If the owner or occupant of any sidewalk, footway or gutter, or of the real property next adjacent thereto, shall fail or refuse to curb, pave or keep the same clean, and in repair, in the manner, or within the time required, by Council, it shall be the duty of the Council to cause the same to be done at the expense of the Town, and to assess the amount of such expense upon the owner or occupant, and the same may be collected by the Sergeant  in the manner herein provided for the collection of Town taxes. Upon the petition, in writing, of the persons owning the three quarter part of the lots fronting on or abounding on both sides of any street, or between a cross street and an alley, the Council, by a majority of not less than two-thirds of all of the members, constituting said body, shall be authorized to order such part of any street or alley to be paved, between the sidewalks, with cobblestones, bricks, or other suitable material, and a sewer to be constructed therein from one of such cross streets or alleys to the other, or to have the paving done without the construction.of a sewer or a sewer constructed without such paving, under such regulations as it shall direct by ordinance, upon the lowest and best terms to be obtained by advertisement for bids or proposals therefor; and two-thirds of the cost of such paving, together with the cost of such sewer, or the cost of such sewers, when constructed without such paving shall be assessed to the owners of the lots, or fractional parts of lots abutting or abounding on that part of the street or alley so paved and/or sewered, in proportion to the distance so abutting or abounding on that part of the street or alley so paved or sewered in proportion to the distance so abutting or abounding owned by each. The one-fourth shall be paid within thirty days after the completion of the work, and the remainder in three equal installments payable respectively at such times as the Council may by ordinance fix, at the time of letting the contract for such work. The other one-third of the cost of said paving shall be borne by the Town.  The intersection of streets, or of streets and alleys, paved or provided with sewer under this section, shall be correspondingly paved and sewered by Council at the sole expense of the Town. The sum or sums of money so assessed for paving or construction of sewers shall be a lien upon lots or fractional parts of lots upon which they are assessed, which lien may be enforced by suit in equity in any court having jurisdiction thereof, or the same or any installment thereof, may be collected by a suit at law, before any court or Justice of the Peace having jurisdiction thereof.
CODIFIED ORDINANCES OF NEW CUMBERLAND