It is hereby made the duty of each and every owner of lots of real property fronting or abutting any public way in the city, to construct and improve the public sidewalk or public sidewalks along, adjacent and in front of his, her, their or its property upon receiving a written request to do so from the Mayor of the city, describing the necessary construction, reconstruction, or improvement of that public sidewalk or sidewalks. The construction, reconstruction, and improvement of the public sidewalk is to be made at the expense of the abutting property owner.
(1) Written notice shall be mailed by the Mayor to that abutting property owner by certified letter with a return receipt requested. Upon the failure of the property owners within 30 days after the mailing of the written notice to so begin the construction, reconstruction, or improvement of the public sidewalk or sidewalks in fronting or abutting his, her, their or its property, or upon the failure of the property owner to use reasonable diligence in the completing of the construction, reconstruction, or improvement of that public sidewalk or sidewalks, the city shall have the privilege of constructing, reconstructing, or improving the public sidewalk or sidewalks according to the provisions of the statutory law then in effect in this state regulating such construction, reconstruction, or improvement by the city, at the expense of the abutting property owner. Upon completion and acceptance of the construction, reconstruction, or improvement of that public sidewalk or sidewalks by the city, the abutting property owner shall be billed by the city for the cost of the construction, reconstruction, or improvement of the public sidewalk or sidewalks which amount shall then be payable to the City Clerk/Treasurer.
(2) If payment is not made by the abutting property owner within 30 days after it becomes due, there shall be added thereto a penalty of 10% and that sum shall bear interest at the rate of 6% per annum from 30 days after it becomes due until paid, and the city shall have a lien on the abutting real estate for the cost of the construction, reconstruction, and improvement of the public sidewalk or sidewalks, together with any penalty or interest that may accrue thereon.
(3) In addition, the abutting property owner shall be subject to a fine of $100 for his, her, their or its failure to construct, reconstruct, or improve the public sidewalk or sidewalks fronting or abutting his, her, their or its property after the notice required herein has been given.
(B) It is hereby made the duty of each and every owner of lots or real estate fronting or abutting upon any public way in the city, to keep and maintain the public sidewalk or sidewalks along, adjacent, and in front of his, her, their or its property in good repair.
(1) Upon the failure of any abutting property owner to keep and maintain the public sidewalk or sidewalks along, adjacent and in front of his, her, their or its property, the abutting property owner shall be notified to repair that public sidewalk or sidewalks by the Mayor of the city, and upon the failure of the abutting property owner to repair the public sidewalk or sidewalks within ten days after being so notified, the city shall have the privilege of repairing the public sidewalk or sidewalks along, adjacent, and in front of the abutting property at the expense of the abutting property owner.
(2) The city shall send to the abutting property owner a bill for the expense incurred by the city in repairing that public sidewalk or sidewalks upon the completion of the repair by the city, which sum shall be then payable to the City Clerk/Treasurer, and if the sum is not paid by the abutting property owner within 30 days after it becomes due there shall be added thereto a penalty of 10% and sum shall bear interest at the rate of 6% per annum from 30 days after it becomes due until paid, and the city shall have a lien upon the abutting real estate for the amount of expense incurred in making those repairs together with any penalty or interest that may accrue thereon.
(3) In addition any owners of lots or real estate abutting or fronting on any public way in the city, who fails to maintain and keep the public sidewalk or sidewalks in front of, along, and adjacent to his, her, their, or its property in good repair, with or without notice from the Mayor as provided for herein, shall be fined as set forth in § 91.99 or a sum equal to any amount of money which the city should have to pay as damages for injuries to any person, property or otherwise resulting from and growing out of defects in the public sidewalk or sidewalks, together with all costs or other expenses paid by the city in connection therewith, whichever is greater.
(Ord. 1-1993, passed 5-10-93) Penalty, see § 91.99