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A. Whenever in the judgment of the city council a sidewalk, curb or gutter needs to be constructed, repaired or replaced in front of any lot or parcel of land located within the city limits, then and in that event the city council may, by majority vote, order the construction, repair or replacement of the same. The order shall be entered upon the minutes of the city council, shall name the street or avenue along which said sidewalk, curb or gutter is to be constructed and specify the general character of the material of which such sidewalk, curb or gutter shall be constructed.
B. When the council orders any such sidewalk, curb or gutter be constructed or replaced, written notice thereof shall be given to the owner or agent of the owner and to any purchaser under contract for deed of such property. The notice shall specify that the owner has thirty (30) days to construct, repair or replace the sidewalk or the city shall cause the sidewalk to be constructed, repaired or replaced and assess the cost thereof to the abutting property. The notice shall be mailed by first class prepaid postage to the address as shown by the most recent tax assessment rolls of Richland County, Montana.
C. If the owner or agent of the owner of such lot or parcel of land fail or neglect for a period of thirty (30) days after the date of service of the notice to cause such sidewalk, curb or gutter to be properly maintained or repaired, the city may do the maintenance or repair work necessary and shall assess the cost thereof against the property in front of which the work has been completed. The collection of the assessed costs shall be as provided in sections 7-12-4181 through 7-12-4191, Montana Code Annotated.
D. When any sidewalk, curb or gutter is maintained or repaired by or under direction of the city council, payment for such work shall be made by special warranty in such form as may be prescribed by ordinance and drawn against a fund to be known as the special sidewalk, curb and gutter fund, and the council may provide for the payment of interest annually. Interest shall be at a rate pursuant to section 17-5-102 Montana Code Annotated.
E. This section is enacted as an alternative procedure to the methods for maintenance and assessment contained in section 9-10-2 of this title and not as a replacement for such methods. (Ord. 416, 1-3-1994)