(A) The Mayor and City Council may require sidewalks to be repaired in such a manner as the Mayor and Council deem necessary, and if they are not repaired, to assess the expense thereof on the property in front of which such repairs are made.
(B) The Mayor and City Council may, by resolution, direct the repair of sidewalks to be accomplished within a specific time period. Said resolution shall further indicate that failure to repair the sidewalk within the time period may cause the sidewalk to be repaired by the city and the cost assessed against the property.
(C) The resolution shall further direct that notice be given in the following manner:
(1) Written notice of the resolution requiring the sidewalks to be repaired shall be personally served upon the occupant in possession of the property involved, at least ten days prior to the commencement of the repair; or written notice of the disrepair shall be posted upon the premises ten prior to the commencement of such repair.
(2) Written notice shall also be sent certified mail, return receipt requested to any non-resident property owner. The last known address shall that address listed on tax rolls at the time such required notice was first published.
(C) If the owner of any property abutting the street or any part thereof fails to repair the sidewalk in front of that property within the time and manner directed by resolution of the Council after having received due notice to do so, the Mayor or Council can cause the sidewalk to be repaired.
(D) If repairs have been made by the municipality, a request for payment shall be sent to the owner, and if not paid, the Mayor and City Council may assess the cost of the repairs against the property in the following manner:
(1) Such assessment shall be made by the Council at a special meeting, by resolution taking into account the benefits derived or injuries sustained in a consequence of such sidewalk repairs, in the amount charged against the same.
(2) Notice of this special meeting shall be published in a newspaper of general circulation within the city at least four weeks before the hearing, or in lieu thereof, personal service may be had upon the persons owning or occupying the property to be assessed.
(3) In addition, in the event that the property owner is a non-resident of the county in which the property lies, the municipality shall, before levying special assessments against the property, send a copy of any notice required by law to be published by means of certified mail, return receipt requested to the last known address of the non-resident property owner. The last known address shall be the address listed on the current tax rolls at the time such required notice was first published.
(4) All such assessments shall be known as special assessments for improvements and shall be levied and collected as a separate tax, in addition to the taxes for general revenue purposes, and shall be placed on the tax roll for collection, subject to the same penalties, and collected in like manner as other city taxes.
(Ord. 2006-O-011, passed 4-3-06)