(a) When it is deemed necessary by the city to require the construction or repair of sidewalks, curbs or gutters within the city by the owners of lots or lands abutting thereon, Council shall cause plans, specifications and an estimate of the cost of the construction or repair to be prepared, showing the location and dimensions of the sidewalks, curbs or gutters and the specifications for the construction or repair thereof, and to be filed in the office of the Clerk of Council. After the plans, specifications and estimates of cost have been so filed, Council may declare the necessity for the construction or repair of the sidewalks, curbs or gutters by the adoption of a resolution which shall:
(1) Approve the plans, specifications and estimate of cost of the proposed construction or repair on file as provided in this section;
(2) Describe the lots and lands abutting upon the sidewalks, curbs or gutters to be constructed or repaired by the termini of the improvement or by street address;
(3) Set forth that the sidewalks, curbs or gutters shall be constructed or repaired by the owners of lots or lands abutting thereon in accordance with the specifications on file in the office of the Clerk of Council;
(4) Set forth the time within which the sidewalks, curbs or gutters shall be constructed or repaired by the owners of lots or lands abutting thereon, which shall not be less than 30 days from the date of service of notice under division (b) hereof on the owner of the lots or lands; and
(5) State that in the event that the sidewalks, curbs or gutters are not constructed or repaired by the owners of lots or lands abutting thereon in accordance with the plans and specifications and within the time prescribed in the resolution, the city will so construct or repair the sidewalks, curbs or gutters and assess the cost thereof against the lots and lands abutting thereon.
(b) Notice of the passage of a resolution of necessity under division (a) hereof shall be served by the Clerk of Council or a person designated by the Clerk upon the owners of lots or lands abutting upon the sidewalks, curbs or gutters to be constructed or repaired in the same manner as service of summons in civil cases, or by certified mail addressed to the owner at his or her last known address or to the address to which tax bills are sent, or by a combination of the foregoing methods. If it appears by the return of service or the return of the certified mail notice that one or more of the owners cannot be found, the owners shall be served by publication of the notice once in a newspaper of general circulation within the city. The return of the person serving the notice or a certified copy thereof or a returned receipt for notice forwarded by certified mail accepted by the addressee or anyone purporting to act for him or her shall be prima facie evidence of the service of notice under this section. The notice shall also set forth the place where the specifications governing the construction or repair of the sidewalks, curbs or gutters are on file and the time within which the owner of the lot or parcel of land may construct or repair the sidewalks, curbs or gutters and shall state that, in the event the owner does not construct or repair the sidewalks, curbs or gutters in accordance with the specifications, and within such time, the city will construct or repair the sidewalks, curbs or gutters and assess the costs thereof against the lot or land of the owner.
(c) Upon the expiration of the time within which sidewalks, curbs or gutters shall be constructed or repaired by the owner of the lots or lands abutting thereon as set forth in the resolution adopted under division (a) hereof, the sidewalks, curbs or gutters not constructed or repaired by the owners of the lots or lands abutting thereon shall be constructed or repaired by the city in accordance with the resolution and Council shall, upon the completion of the construction or repair, assess the cost thereof against the lots or lands abutting thereon.
(d) In anticipation of the collection of the cost of the construction or repair of the sidewalks, curbs or gutters from the owners of lots or lands abutting thereon, Council may provide for the issuance of bonds or notes and the proceeds thereof shall be used to pay for the construction or repair of the sidewalks, curbs or gutters.
(e) In all proceedings pertaining to the construction or repair of sidewalks, curbs or gutters under this section, sidewalks, curbs or gutters upon different streets abutting upon lots or lands owned by different owners may be included in the same resolution, notice, contract, ordinance or other proceeding.
(f) Any and all assessments for construction and/or repair made pursuant to this section shall be made as provided by the City Charter.
(Ord. 23-76, passed 6-21-1976; Ord. 14-2019, passed 7-1-2019)