The City Council may from time to time by order or resolution entered upon its minutes, order and direct the construction or repair of any sidewalk in the manner designated in the order and when any sidewalk shall be so ordered built, rebuilt or repaired, and the owner shall fail or neglect to build, rebuild or repair the same, the same may be done by the Superintendent of Streets or by the contractors who may agree to do the same, and such contract shall be awarded to the lowest responsible bidder therefor. The City Clerk shall, as the City Council may direct, advertise for bids for the construction of sidewalks in a newspaper published in the City.
The Clerk shall, upon the passage of any order or resolution of the Council directing the building or repair of any sidewalk, cause a written notice to be served on the owner or owners of the property abutting, fronting on or adjacent to the sidewalks to be constructed, notifying them to construct the same in accordance with the provisions of this Chapter and the order or resolution directing the construction of the same, within fifteen (15) days from the date of the service of said notice, which notice may be served by delivering a copy thereof to the owner or owners, his or their agent, or by leaving a copy thereof at the usual place of abode of the owner with any member of the owner’s family over the age of fifteen (15) years. In case any owner is a nonresident, or his place of abode cannot be found, then the Clerk shall cause said notice to be published for four (4) weeks in a newspaper published in the City.
If, at the expiration of the time for which said notice is given, the said sidewalk shall not be built by the owner of the property abutting, fronting on or adjacent to the same, then the Superintendent of Streets or contractor shall proceed as soon as practicable to construct the proper sidewalk as provided by this Code, and in accordance with the order or resolution directing the construction of the same.
When any sidewalk shall need repairing or rebuilding to conform to the requirements of this Code, the Superintendent of Streets may cause notice signed by the City Clerk to be given to the owner of the property fronting on or abutting on or adjacent to such walk requiring the repair to be made within fifteen (15) days, or the rebuilding to be done in fifteen (15) days. The serving of notice shall be made in the same manner as provided above and if the same is not repaired or rebuilt within the time above specified, it may be repaired or rebuilt by the Superintendent of Streets or contractor in the same manner and upon the same terms as provided for first construction.
As soon as the building, rebuilding or repairing of any sidewalk shall be completed, the sidewalk shall be inspected by the City Engineer, and if it be constructed or repaired in conformity with this Code and the order or resolution ordering the same and the contract, if one is made, a certificate shall be issued to the Superintendent of Streets or contractor as the case may be, which shall state the amount of sidewalk constructed by the Superintendent of Streets or contractor, the street or avenue, where constructed and the description of the lots and blocks in front of, abutting on or adjacent to which such sidewalk is built and the amount due for that fronting on, abutting or adjacent to each lot.
Upon the presentation of one or more such certificates to the City Clerk, he shall assess the amount of such certificates separately upon the lots fronting, abutting on or adjacent to the sidewalks built or repaired, and record and file the assessment roll in his office. At the next regular meeting of the City Council the Clerk shall notify said Council of the fact that he has made such assessment.
The City Clerk shall immediately thereafter give the lot owner notice of such assessment by publication for a period of three (3) days in a newspaper published in the City, notifying such owner to appear before the Council at its next regular meeting, giving time and place of such meeting, that such property owner may be heard before the Council as to the justness and correctness of the amount so assessed.
In case the owner shall fail to pay such assessment or fail to appear and make objections or shall fail to have his objections sustained by the Council, then the assessment, unless the same be paid within ten (10) days after such hearing, shall be certified by the City Clerk to the proper County officer having custody of the tax list of Twin Falls County, at the time the said certificate is made, in the same manner as other City taxes are certified to said officer.
All such assessments shall be known as special assessments for sidewalk, and shall be levied and collected as a separate tax in addition to the taxes for general revenue purposes to be placed on the tax roll for collection, subject to the same penalties and collected in the same manner as other City taxes.
As soon as the City Clerk has so certified such assessment he shall draw and issue a warrant to the contractor or Superintendent of Streets as the case may be for the amount called for in the certificate by the City Engineer upon the sidewalk fund which shall be signed by the proper officers of the City and registered in the office of the City Treasurer.
All warrants so issued shall be payable out of the moneys collected by the County Collector from said sidewalk assessment and the City shall in no event be liable on such warrants except to the amount collected from said assessment.
When any warrant drawn on the sidewalk fund is presented to the City Treasurer for payment and there are no funds in the Treasury for the payment of the same, the Treasurer shall endorse upon the back of said warrant the date of presentation for payment with words “No Funds”