In all cases of failure of any owner or owners of the property to construct the sidewalk as provided in this subject and according to the declaratory resolutions mentioned in § 93.01 of this subchapter, after the service of notice as provided for in this subchapter, the Council may proceed with the construction of the sidewalk in the manner following:
(A) The power and authority to construct the sidewalk as aforesaid is hereby delegated by the City Council of the City of Rockaway Beach, Oregon, to the City Engineer of the city; and he or she is hereby authorized and empowered to construct the walk according to the standard plans and specifications of the city by hiring people and purchasing the material necessary therefore; and the City Engineer is hereby directed to file in the office of the City Recorder an itemized statement of the costs of any sidewalk for labor and material, including therein the actual expense of engineering, legal supervision and inspection costs. The City Council shall audit and pay the costs in due course.
(B) The City Council may, by motion or resolution, direct the City Recorder to advertise for bids for the construction of the sidewalk or sidewalks; and the advertisement shall be sufficient if the Recorder shall post or cause to be posted in 3 public places in the City of Rockaway Beach, notices to contractors and property owners asking for bids for the construction of the sidewalk, and stating in the notice the location of the sidewalk and therein notifying contractors and property owners when and where the City Council will receive bids for the construction of the sidewalk or sidewalks, and also notifying property owners that they may remonstrate against the letting of any contracts. The notice shall be posted in 3 public places at least 10 days before the date set for receiving of the bids and remonstrances. One of the notices shall be posted on the property adjacent to or abutting the proposed sidewalk and the other notices in 2 public and conspicuous places in the city. The City Council shall at the time and place stated in the notice consider bids therefore and let the contract for construction of the sidewalk or sidewalks to the lowest responsible bidder; except, however, the Council shall have the right to reject any and all bids and then re-advertise for new bids. The posting of the notice and the proof of posting the same by affidavit of the person posting them for a period of 10 days prior to the time of awarding the contract shall be a sufficient publication of the notices.
(C) Upon the completion of any sidewalk by either of the aforesaid methods, the Council shall by ordinance, after giving 10-days’ written notice to each property owner having property adjacent to and abutting upon the constructed sidewalks, assess upon each lot or parcel of land liable for the cost of the sidewalk its proportionate share of the costs thereof and shall authorize and direct the assessments to be entered in the docket of city liens and make the same a lien upon each lot, part of lot or parcel of land liable for the costs of the construction of the sidewalk. Notice shall be deemed given to the property owners for the levying of the assessments herein when the City Recorder shall deposit the notices in the United States, Mail addressed to each owner’s last known address.
(D) The City of Rockaway Beach may proceed to foreclose or enforce any lien to which it shall be entitled pursuant to the provisions of this subchapter at any time after 30 days from the date on which the assessment was entered in the city lien docket of Rockaway. The manner of foreclosure or enforcement of any lien by the City of Rockaway Beach shall be pursuant to the general laws of the State of Oregon. In the event suit or action is brought to foreclose or enforce any lien, the city shall be entitled to recover from the defendant, in addition to the lien, a reasonable attorney fee to be determined by the court.
(Prior Code, Ord. 57, passed 1-20-1959)