(A) Upon a finding and conclusion by the City Public Works Commissioner, from the evidence presented at the due process hearing required hereby, that the subject sidewalk or culvert has been constructed, repaired, maintained, and reconstructed to the condition thereof required hereby, there shall be no further action in regard thereto by the city.
(B) Upon a finding and conclusion by the City Public Works Commissioner, from the evidence presented at such hearing, that the subject sidewalk or culvert has not been constructed, maintained, repaired, or reconstructed to the condition thereof required hereby, then the city shall cause the subject sidewalk or culvert to be repaired and reconstructed to the condition thereof required hereby. Thereupon, each person who, according to the records of the County Clerk, owns any interest in any real estate which abuts upon that side of the right-of-way in which the subject sidewalk or culvert is located, shall be jointly and severally indebted and liable to the city for the total of all reasonable costs incurred by the city in the repair and reconstruction of the subject sidewalk or culvert to the condition required hereby, and all expenses incurred in the collection of such indebtedness and liability, including reasonable attorney fees and court costs.
(C) In order to secure the payment of the above-mentioned liability, indebtedness, court costs, and attorney fees, the city shall have a lien upon the real estate which abuts on that side of the right-of-way in which the subject sidewalk or culvert is located, and such lien shall be superior to all other liens thereon, except liens for state and county taxes and assessments. Such lien shall be enforced by civil action for the foreclosure thereof, according to law, and a notice of such lien and a description of the real estate subject thereto shall be recorded by the city in the office of the County Court Clerk.
(Ord. 2-4-88, passed 5-12-88)