§ 91.15  SIDEWALK CONSTRUCTION; REPAIR.
   (A)   Purpose. The purpose of this section is to provide the city and its residents the opportunity to repair, maintain and construct the sidewalks located within the corporate boundaries of the city in such a manner as to safeguard life, health, property and public welfare within the city.
   (B)   Scope. The provisions of this section shall apply to the removal, repair, construction and maintenance of any sidewalk located within the corporate boundaries of the city.  In the event there is an apparent discrepancy in the requirements specified in different sections of this code, or between the requirements of this chapter and of any other applicable law the more restrictive shall govern.
   (C)   Repair of sidewalks.
      (1)   The owners of property abutting on public ways within the city in which a sidewalk is located are required to maintain that part of the sidewalk adjoining the property respectively belonging to them at their own expense by repairing any holes, uneven surfaces and other defective places therein by using the materials as nearly similar as possible to that of which the sidewalk is constructed.
      (2)   As soon as it ascertains the existence of defects of a sidewalk in the city, the City Commission shall notify, in writing, the owner of the property abutting the public way in which the sidewalk is located, to repair same at his own expense within a period of 60 days after delivery of the notice.
      (3)   In the event the owner fails to make such repairs, the City Commission is authorized to have the necessary repairs made and to assess the cost of same to the owner and notify the owner of the assessment in writing.
      (4)   In the event said owner fails to remit the costs as assessed within 30 days of the notice as given in division (C) above, the City Clerk shall take the necessary steps to place a lien against the abutting property owner in the office of the Jefferson County Clerk in the amount of the unpaid assessment.
   (D)   City participation.
      (1)   At the time the City Commission notifies the owner of the property abutting the public way in which the sidewalks is located as to the existence of defects in the sidewalk pursuant to division (C) above, it shall also advise the property owner that the city will participate in the repair or maintenance and upon approval of the contractor hired to do repair or maintenance.
      (2)   In no event will the city reimburse the property owner to the extent as outlined in division (D)(1) above if the repair or maintenance is done by the property owner without the consent of the city.
      (3)   In the event that the property owner participates with the city in the repair or maintenance of the sidewalk abutting to the owner's property as outlined under division (D)(1), the City Commission may develop a plan of payment with each property owner.
(Ord. 92-03, passed 10-26-92)  Penalty, see § 91.99