After notice is given as specified in section 14.32.315 of this chapter, or its successor, the replacement of any defective concrete may be made in the manner as herein set forth, and the cost thereof shall be paid as follows:
A. If the adjacent property is a residence, the owner may employ a contractor or act as a contractor to make the required replacement. Such replacement must be done according to city specifications, to the satisfaction and approval of the city engineer, only after obtaining the required permit and shall be completed within sixty (60) calendar days of receipt of the notice provided for in the preceding section. Replacement made under this subsection shall be at the sole cost and expense of the owner. Election by the owner to proceed under this subsection shall be entirely voluntary on the part of the owner and the replacement costs paid by the owner shall not be deemed to be an assessment by the city.
B. If the adjacent property is a residence, the owner may agree in writing, upon forms approved by the city attorney, to pay fifty percent (50%) of the cost thereof in advance, and the city shall pay the remaining fifty percent (50%) of the cost of replacement, such amount being equal to the resulting benefit to the property. In such case, the city shall make the replacement or employ a contractor to make same, subject to the availability of funds.
C. For replacement made to defective concrete adjacent to an apartment house, business, multiple dwelling units and any other case other than a residence, the owner of the adjacent property shall pay one hundred percent (100%) of the total cost of such replacement, said amount being equal to the resulting benefit to the property. Such replacement may be accomplished, at the option of the owner, by a contractor employed by the owner or, upon payment to the city of the total cost thereof in advance, by the city. If done by a contractor employed by the owner, such replacement must be done according to city specifications, to the satisfaction and approval of the city engineer. It shall be done only after obtaining the required permit and completed within sixty (60) calendar days, weather permitting, of receipt of notice provided for in this chapter.
D. The owner must notify the city engineer, within seven (7) calendar days of receipt of the notice provided for in the preceding section, under which option said owner wishes to proceed.
E. In the event the owner refuses to or does not notify the city engineer as to the option elected by the owner for the necessary replacement, or if the owner submits a written request to have his or her property included in a special improvement district, the city may then create a special improvement district for the purpose of making the required replacement after such district is created, and levy assessment on the property in accordance with section 17A-3-301 et seq., Utah Code Annotated, 1953, as amended, or its successor. The assessment of the owner's portion of the total replacement cost shall be equal to the benefit received by the owner in accordance with the provisions of subsections B and C of this section. Such assessment shall be designated by the ordinance creating the special improvement district to be paid by the owner of the property assessed over a period of five (5) years from the effective date of such ordinance.
F. This section shall not preclude payment being made for replacement to defective concrete adjacent to a residence by the city under special conditions, such as the city receiving a federal grant for such replacement, a low income abatement, as provided in section 14.32.335 of this chapter, or its successor, for the city to pay all or a portion of said cost. Prior to making any abatement in excess of fifty percent (50%) in the case of a residence, the mayor must first establish a written executive policy concerning what percentage the city will pay. (Ord. 70-99 § 1, 1999)