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Whenever an ordinance providing for the construction of any sidewalk in the City of Union shall be introduced in the Common Council, each and every one of the owners of abutting property therein described shall have ten days’ notice of the pendency of the ordinance before the same shall be put upon its final passage. If a remonstrance shall be filed within the ten days with the Recorder of the city, containing the names of abutting property owners along the line of the proposed sidewalk, representing a two-thirds majority of the whole number of lineal feet of the proposed line of sidewalk shall be deemed defeated and shall not pass. The notice provided for by this section shall be given in writing by the Recorder either through the mail or by personal delivery thereof.
(Ord. 233, passed 5-19-1941)
Whenever any ordinance providing for the construction of sidewalks in the city shall have passed the Common Council, the owners of abutting property therein described shall have at least 30 days from the date of the service of written notice within which to construct the same, which service may be made personally or by depositing the same in a United States Post Office addressed to the owner at his or her last known address with postage thereon fully prepaid.
(Ord. 233, passed 5-19-1941)
In case of the failure of the abutting property owner to construct any sidewalk provided for within the time required by ordinance, the Street Commissioner of the city shall forthwith construct the same as provided in the ordinance and in accordance with the terms of this subchapter; and upon the completion thereof, he or she shall file with the Recorder of the city an itemized statement of the expense incurred in the construction of the same, giving therein a correct description of the abutting property and the name of the owner thereof, which statement shall be duly certified by him or her and signed officially.
(Ord. 233, passed 5-19-1941)
(A) Upon the filing of the statement of the Street Commission as provided in § 94.83, the Recorder of the city shall then and there enter record in a book to be kept for that purpose, which book shall be known as the Book of City Liens, the statement in full noting the day and hour of the entry and shall sign his or her name thereto officially.
(B) Thereupon, a lien in favor of the City of Union shall be deemed to have accrued against the abutting property for the collection of the amount set forth in the statement, which lien and the amount shall be enforced and collected by the city in the manner provided for the collection of taxes.
(Ord. 233, passed 5-19-1941)
All sidewalks which have been heretofore or shall be hereafter constructed within the City of Union shall be repaired or renewed at the expense of the abutting property owner upon notification by the Street Commissioner under order of the City Council of the needed repair or renewal, or upon actual or constructive notice to the abutting property owner, as the case may be. The notification shall be in writing and delivered personally to the abutting property owner at his or her last known post office address if he or she resides without the city, proof of the service to be made to the City Recorder by the Street Commission and the same made a record in the Recorder’s office. If the abutting owner shall fail to begin the repair or renewal, as the case may be, within five days of the notification or within a reasonable time after actual or constructive notice and proceed diligently to completion thereof, then, and in that event, the repair or renewal, as the case may be, shall be done by the City of Union under the supervision of the Street Commissioner and the expense thereof charged to the abutting property and become a lien on the abutting property; record of the lien to be made and the same enforced in the manner provided in §§ 94.083 and 94.084. In addition, the abutting property owner shall be liable for the personal injuries and property damage to third persons injured as a result of the owner’s failure to fulfill the above duty.
(Ord. 233, passed 5-19-1941; Ord. 371, passed 4-9-1984)
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