The owner of any real property situated within the corporate limits of the city who fails, refuses, or neglects to construct, reconstruct, or repair any sidewalks after receiving notice to do so and within the time prescribed by such notice shall be liable to the city for any damages which the city may sustain by virtue of the payment of any valid claim of any person on account of personal injuries or property damages resulting to any such person by reason of the dangerous or defective condition of the sidewalk ordered by the Council to be constructed, reconstructed, or repaired or by reason of the lack of any such sidewalk so ordered to be constructed. It shall be the duty of the City Attorney immediately upon the payment of any claim for damages growing out of any injury resulting to any person by reason of a defective or dangerous sidewalk or the lack of a sidewalk, to proceed against the owner of the real property abutting upon such dangerous or defective sidewalk or the owner of the property abutting the street at the point where no sidewalk has been constructed in all cases where due and regular proceedings were had to compel such owner to construct, reconstruct, or repair any such sidewalk and such owner has failed, neglected, or refused to construct, reconstruct, or repair such sidewalk within the time prescribed in such notice for the purpose of reimbursing the city for any such damage which it may have been compelled to pay or has paid on property owner’s failure to comply with the notice to construct, reconstruct, or repair the sidewalk. For such purpose the City Attorney is hereby authorized to prosecute any civil action in any court of competent jurisdiction and to recover the costs and disbursements in such action from the defendant if the city prevails.
(Ord. 351, passed 4-13-1992)