SECTION 38. PAVING SIDEWALKS.
   After having caused proper curbstones to be set and placed on the outer line of any sidewalk or footway on any of the streets, cross-streets or alleys of said City, and the surface of the ground inside of said curbstone to be properly graded and otherwise prepared for the purpose, the Council may require that such sidewalk or footway be paved with brick, stone, concrete or other suitable material, under the direction of the Street Commissioner, by the owners respectively of the lots, or of the fractional parts of lots, facing or abutting on such sidewalks or footways; and in case the owner of any lot or fractional part of such lot, within reasonable time after service upon him of a written or printed notice of such requirement, signed by the Clerk or Street Commissioner, fails, or refuses to comply therewith, the Council may direct that the paving contemplated by such notice be done at the expense of the City, and when so done such expense may be assessed to such owner, and the same shall constitute a lien on such property, which may be enforced by a suit in equity, in the name of the City, in the Circuit Court of Mason County, or the amount thereof recovered by the City in an action against such owner in said Court, or before any justice having jurisdiction. In case the owner is a nonresident of the State, notice aforesaid may be given by publication for four successive weeks, in a newspaper published in said City. The provisions of this section shall also be applicable to needed repairs to any of the pavements of the City, and to the substitution of new pavements for any which may have been heretofore, or which may be hereafter, laid and completed, and which may be deemed insufficient.