(a) No owner of abutting lands shall fail to keep the sidewalks, curbs, or gutters in repair or free from any other nuisance.
(b) No owner or occupant of abutting lands shall fail to keep the sidewalks, curbs, or gutters free from ice or snow.
(c) No person shall deposit, or cause to be deposited, snow on the sidewalks, streets, or gutters within the City.
(d) No person shall deposit, or cause to be deposited, snow in such a manner as to obstruct fire hydrants or street signs or traffic control devices.
(e) No person shall deposit, or cause to be deposited, snow on the property of another without the consent of the owner or occupant of such other property.
(f) Repair and Abatement; Service.
(1) Whenever a sidewalk is in need of repair or replacement or any other such nuisance exists, the Director of Public Service or his designee, who shall administer this Section, shall give notice to the owner of the real property(s) abutting the sidewalk where such repair is needed or such other nuisance exists and to abate, repair, or correct same. Such notice and order shall state:
A. The nature of the sidewalk condition or other nuisance;
B. The location of the real property;
C. A statement that the sidewalk or other nuisance must be repaired or abated;
D. A statement that the repair or abatement must be in compliance with all regulations of the City;
E. A statement of the penalties for noncompliance;
F. A statement that any request for a hearing must be made to the Director of Public Service within ten days after service of such notice.
(2) The property owner shall elect one of two options:
A. Allow the City to make needed repairs at a rate of 50% of the cost passed onto the property owner. These fees must be paid to the City within 30 days of receipt of an invoice from the City or the costs shall be assessed as a lien on the abutting property.
B. The property owner(s) shall make the needed repair or replacement, paying all necessary construction costs and fees. If such repairs are not completed within 30 calendar days of notice, the City will make the needed repairs and will assess to the property 100% of all costs.
C. If no option is elected by the property owner within ten days of notice of need for repair or replacement, paragraph A. shall be deemed to be elected.
D. When a tree in the public way causes damage to a sidewalk in the public way the tree shall be removed prior to the repair of the sidewalk at no cost to the property owner (TCO 1361.02) unless the property owner affirmatively request that the tree remain and agrees in writing to be responsible for 100% of the cost for the repair or replacement of the sidewalk.
(3) Such notice and order shall be served upon the record owner of the property in question either personally or by leaving a copy at the usual place of residence or business of such owner, or address of such owner shown in the office of the County Treasurer or Fiscal Officer as appropriate, or by copy mailed to such owner at such place or address by U. S. certified mail, return receipt. If service of such written notice and order is unable to be perfected by any of the hereinbefore methods, then the Director of Public Service or his designee shall cause such notice and order to be published in a newspaper of general circulation once each week for two consecutive weeks and shall further cause a copy of the aforesaid notice and order to be left with the person, if any, in possession of such premises, or, if there is no person in possession thereof, he shall cause a copy of the notice and order to be posted on such premises.
(4) In the absence of a request for a hearing or compliance with the notice and order, the Director of Public Service or his designee shall, at the expiration of the ten day period provided in the notice and order served upon the record owner of the property, repair such sidewalk and/or abate such nuisance, or issue a permit to the property owner upon proper application for the preservation of the life, health, comfort, and safety of the public. If a hearing is requested by the property owner, it is to be held before the Director of Public Service or his designee within five days of the property owner's request.
(5) Written Return to County Auditor or Fiscal Officer; Amount a Lien Upon Property. The Director of Public Service or his designee shall make a written return to the County Auditor or Fiscal Officer of the action taken in this Section with a statement for charges of such services, the costs incurred for labor materials, and other such costs or fees, including administrative costs, and a proper description of the premises. Such amounts shall be entered upon the tax duplicate and shall be a lien upon such real property from and after the date of entry and be collected as other taxes and returned to the City with the General Fund.
(Ord. 98-2018. Passed 1-24-19.)