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(A) The Mayor and Council shall pass a special ordinance, when necessary, requiring the construction of a sidewalk or sidewalks, which ordinance shall define the location of each sidewalk, shall prescribe its width, the materials of which it shall be constructed, and the manner of its construction. No contractor or other person shall lay any walk without first notifying the Superintendent of Streets, Alleys, and Sidewalks. Materials for and the construction of each sidewalk shall be under the supervision and subject to the approval of the Superintendent of Streets, Alleys, and Sidewalks, who shall have the power at any time to stop any work not done according to specifications of the special ordinance requiring construction of sidewalks.
('72 Code, § 92.006)
(B) Notice of the passage of the ordinance shall be sent by mail within ten days after its passage to the person who paid the last general taxes on the premises for the preceding year, if he or she can be found in the county, and to the occupant of the property, if at such time the property is actually occupied, and an affidavit of such service shall be filed with the City Clerk. The affidavit shall be prima facie evidence of a compliance with requirements of notice.
('72 Code, § 92.007)
(A) The cost of building sidewalks constructed hereunder, minus $1.00 per square foot, except the cost of construction of intersection corners and crosswalks, which shall be paid by the city by general taxation, shall be paid by special taxation of lots or parcels of land touching upon the sidewalk, in proportion to their frontage, and $1.00 per square foot shall be paid out funds of the city raised by general taxation upon the property and appropriated for streets, alley and sidewalks. The city shall rebate for the replacement of curbs the sum of $2.50 per linear foot to the landowner and shall rebate for the replacement of curb and gutter the sum of $3.50 per linear foot to the landowner.
(B) If the owner of any property in the 100 Block of E. Mason, the 100 Block of W. Mason, the 100 Block of N. Franklin and the 100 Block of S. Franklin, desires to repair or replace the sidewalk on the property, and a cavity exists underneath the present sidewalk, the city will reimburse the property owner up to $1.50 per ton for the necessary fill material.
(C) At intersecting corners where handicapped ramps are required, and removal of existing curb is necessary, the property owner shall be reimbursed $2.50 per linear foot for curb removal. If curb and gutter are removed, reimbursement will be $8 per linear foot.
(D) (1) From time to time, the city may, but shall not be obligated to, budget a sum certain to be used for rebates to property owners for the replacement of sidewalks and for curb cuts at street intersections which border the parkways in conformity with the provisions contained in this Code of Ordinances. Subject to availability of budgeted funds, any property owner desiring to participate in the sidewalk rebate program shall first apply for a permit as required herein and shall also obtain an inspection by the Superintendent of Streets, Alleys and Sidewalks or his or her designee of the proposed sidewalk to be replaced prior to the removal of the existing sidewalk. To assure that the city’s resources are properly allocated, the Superintendent shall have the authority to decide if the proposed sidewalk to be replaced is of such poor condition that replacement and reimbursement from the City Treasury is warranted. If the Superintendent decides that replacement of the sidewalk is warranted, then after completion of the replacement, if done in accordance with the specifications contained herein, the city will rebate to the property owner the sum of $2 per square foot of sidewalk which was replaced.
(2) When the property owner is required to make one or more curb cuts to allow the sidewalk(s) to be accessible to persons with disabilities, then subject to availability of budgeted funds and approval of the Superintendent of Streets, Alleys and Sidewalks or his or her designee, the city shall reimburse the property owner for the actual cost of the sidewalk panel(s) but not exceeding $100 per panel.
('72 Code, § 92.008) (Am. Ord. passed 9-17-79; Am. Ord. passed 8-6-84; Am. Ord. passed 11-3-86; Am. Ord. 95-8, passed 6-5-95; Am. Ord. 96-07, passed 5-6-95; Am. Ord. 99-03, passed 4-19-99; Am. Ord. 00-03, passed 5-1-00; Am. Ord. 09-07, passed 4-20-09; Am. Ord. 10-17, passed 8-16-10)
The owner of each lot or parcel of land specified in any such special ordinance, within 30 days after mailing notice of passage of such ordinance, shall construct sidewalks fronting on the line of his or her lot or parcel of land in accordance with the provisions and specifications of the ordinance.
('72 Code, § 92.009) Penalty, see § 96.999
The owner of each lot or parcel of land fronting on the line of the sidewalks, who shall build the walk in front of his or her lot or parcel of land in accordance with the provisions and specifications of the special ordinance, shall file with the City Clerk an affidavit, together with the certificate of the Superintendent of Streets, Alleys, and Sidewalks of the city to the effect that the sidewalk has been constructed and is fully completed in accordance with the provisions and specifications of the special ordinance. Thereafter at the first regular meeting of the Council, the Council shall authorize the issuance of an order on the Treasurer of the city for $.35 per square foot of sidewalk constructed.
('72 Code, § 92.010) (Am. Ord. passed 5-3-76) Penalty, see § 96.999
If the owner of any lot or parcel of land shall fail to construct sidewalks as required by special ordinance, the city shall then construct the sidewalks and a bill for the cost, unless the work shall be let by contract at public or private letting in which case a bill for cost shall not be required, shall be filed in the office of the City Clerk and certified by the Superintendent of Streets, Alleys, and Sidewalks, together with a list of the lots or parcels of land touching upon the sidewalk line, the frontage of each, and the names of the owners thereof. The City Clerk shall make a special tax list against such lots or parcels of land and the owners thereof, ascertaining by computation the amount of special tax to be charged against each on account of the construction. The City Clerk shall then issue his or her warrant to the City Treasurer directing him or her to collect from any of the owners of such lots and parcels of land the amount of special tax so ascertained to be due, and the Treasurer shall upon receipt of the warrant collect the tax and make return thereof with the money collected within 60 days from the date of the issue of the warrants. In case an such warrant shall be returned as to the whole or any part thereof “no property found,” other warrants may issue.
('72 Code, § 92.011) Penalty, see § 96.999
If the Treasurer fails to collect the special tax or any part thereof, the City Clerk, within 30 days after the return of such warrants shall make report of such special taxes in writing to the County Collector of all lots or parcels of land on which special taxes shall be unpaid, with the names of the respective owners and the amount due and unpaid upon each lot or parcel of land, together with a copy of this chapter and of the ordinance or ordinances providing for the building of the sidewalk or sidewalks on which the tax is in default, which report shall be accompanied by the oath of the Clerk that the list is a correct return of the lots or parcels of land on which the special tax levied by authority of the city for the partial cost of sidewalks in such ordinance specified, remains due and unpaid, and that the amounts stated as due and unpaid have not been collected or any part thereof. The County Collector shall at once obtain judgment against the lots or parcels of land so reported to him/her for special taxes remaining due and unpaid in the manner as may be provided by law for obtaining judgment against delinquent lands for taxes due and unpaid to the county and state, and shall sell the same for special taxes due and unpaid to the city, and he/she shall in all respects proceed as may be provided by law.
('72 Code, § 92.012) Penalty, see § 96.999
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