The replacement of any defective concrete may be made and the costs paid as follows:
A. Owner Replacement: The owner of adjacent property may employ a contractor to make the required replacement. Such replacement must be done according to City specifications, to the satisfaction and approval of the City Engineer, only after obtaining the required permit. Replacement made under this subsection shall be at the sole cost and expense of the owner. Election by the owner to proceed under this subsection shall be entirely voluntary on the part of the owner.
B. Sidewalk/Curb And Gutter Replacement Program: If the adjacent property qualifies and monies are available, the adjacent property owner may agree in writing, upon forms approved by the City Attorney, to pay in advance fifty percent (50%) of the cost for such sidewalk or curb and gutter replacement under the sidewalk/curb and gutter replacement program, as provided in section 7-7-7 of this chapter.
C. New Development: If the determination is made as part of site plan review for new development under the zoning ordinances of the city that the sidewalk, curb, gutter, and drive approaches require extraordinary repairs, the owner or developer shall replace such defective concrete, at the owner's or developer's cost, as a condition of such development approval.
D. Municipal Improvement District: The city may create a municipal improvement district for the purpose of making the required replacement after such district is created, and levies assessed on the adjacent property in accordance with chapter 8 of this title. The assessment of the owner's portion of the total replacement cost shall be equal to the benefit resulting to the adjacent property in accordance with chapter 8 of this title, unless modified by the city council as provided therein. Such assessment may be paid by the owner of the property over an extended period of time as determined in the resolution creating the district and the subsequent assessment ordinance.
E. Repair Or Replacement By City:
1. Ordinary Repairs: The public works department may make ordinary repairs, or extraordinary repairs not requiring repaving or rebuilding, utilizing funds provided in the department's operating budgets.
2. Repaving Or Rebuilding: The public works department may make extraordinary repairs requiring repaving or rebuilding by municipal improvement districts established for that purpose, as provided in chapter 8 of this title or as approved in the capital improvement plan as part of the city's annual budget.
(1979 Code § 12.20.020; amd. Ord. 97-83, 10-28-1997)