(A) Inspections authorized.
(1) The City Engineer shall inspect city sidewalks and curbs as time and public funds permit:
(a) Upon City Council request;
(b) Upon any written complaint describing the nature and location of the violation;
(c) As outlined in any existing city sidewalk improvement plan; or
(d) As otherwise required to monitor the sidewalk/curb construction or repair within any city permit.
(2) Following inspection, the City Engineer shall report the Engineer’s analysis and recommended action to the Council, City Manager and/or enforcement officer.
(B) City construction. If a sidewalk is not constructed or repaired within the time required by the notice required by § 91.023(A), (B) and/or (C), then the city may, subject to the availability and appropriation of public funds, proceed with enforcement, abatement and/or construction for all or part of the sidewalk frontage of the property. The city may assess and collect the costs for the abatement or construction, as provided by this subchapter, plus an administration fee of 25% of those costs. Additionally, the sidewalk may be considered a public nuisance and subject to prosecution as a violation punishable by a fine, as provided for in this subchapter. Each day a public nuisance exists shall be considered a separate offense.
(C) Sidewalk construction requested by the property owner. If a property owner petitions the Council for an order to build a sidewalk on the part of the street abutting his or her property, agrees to pay cash or to make an application to pay the cost in installments as provided by the Bancroft Bonding Act (as amended), being O.R.S. 223.205 et seq., waives the right of service and publication of notice of construction and consents to the assessment of the property upon which the sidewalk abuts, the Council may order the construction of the sidewalk if, in its judgment, the sidewalk should be built and sufficient public funds for the project are available.
(D) Abatement by the person responsible.
(1) Within the time specified in a notice, the person responsible shall remove the nuisance or show that no nuisance exists.
(2) A person responsible may protest that no nuisance exists by filing with the City Manager a written statement which specifies in detail the protest’s bases. This statement shall be received by City within 14 days from the date of receipt of the notice.
(3) The City Manager shall have 14 days to respond from the date the City Manager receives the notice. The response shall indicate either that the nuisance no longer exists and no further action is required, or that the nuisance still exists and set a further timeline of 14 days to abate the identified nuisance.
(4) The person responsible may request an extension from the City Manager. The request must be received by the City Manager within 14 days of the person responsible receiving the notice. The City Manager may allow an extension to abate, not to exceed 30 days.
(5) Once the final date allowed to abate has passed, and the city determines the nuisance has not been abated, the Police Department shall then cite the person responsible into Municipal Court.
(6) The time here shall be extended by three days where notice or reply was served by mail.
(E) City repair and liens. Upon the city’s completion of work placing a sidewalk or curb in good condition, a lien shall attach. Filing notice of city’s claim of lien shall be consistent with O.R.S. 87.366 for claiming a lien on real property. Recording of the notice shall be with the City Recorder in the city’s lien record and/or with the County Recording Officer in a book kept for the recording of liens. The city’s lien shall be valid for six years, unless extended by written agreement with the landowner for two additional years. The landowners shall either pay the full amount or the city shall commence lien foreclosure within that time. Foreclosure shall be in the manner provided in O.R.S. Chapter 88. Except for tax liens, the city’s lien shall be superior to all subsequently perfected liens, mortgages and/or other encumbrances, including state and federal liens, unless otherwise required by law. In suits to foreclose on a lien created here, the court, upon entering judgment for the lien claimant, shall allow as part of the lien, all monies paid for the filing and/or recording of the lien. In suits to foreclose a lien created here, the court shall allow reasonable attorney fees, costs and disbursements, at trial and on appeal, to the prevailing party. This division (E) is effective on the thirtieth day after its adoption on November 19, 2007.
(Prior Code, § 91.24) (Ord. 1205, passed 12-5-2005; Ord. 1227, passed 11-19-2007) Penalty, see § 91.999