In the event that the City Inspector or an authorized representative determines that any sidewalk or portion thereof in the city is in violation of this subchapter, the City Clerk shall cause a written notice to be mailed by delivery confirmation to every owner of abutting real estate in regard thereto a written description and photograph of the sidewalk and the conditions in violation of this chapter, the criteria used to determine the violation(s), a copy of the sidewalk detail from the city’s encroachment permit, an estimated cost if the city makes the repair, the length of time this cost will be amortized at a rate on the property tax bill until recovered not to exceed the greater of two hundred and fifty dollars ($250) per year or an amortized amount to fully pay the cost within ten (10) years, and instructions on how to apply for a waiver for households facing economic hardship. The notice shall state that unless the violations are eliminated and the condition of the sidewalk conforms to the requirements of this subchapter within sixty (60) consecutive calendar days after the notice was mailed, the city shall cause the condition of the sidewalk to conform to the requirements of this subchapter. Unless it is finally determined in an administrative hearing that there was no violation of the terms and provisions of this subchapter and the determination of the enforcement officer was erroneous, each owner of the abutting property shall be jointly and severally liable to the city for all costs and expenses incurred by the city in causing the sidewalk to conform to the requirements of this subchapter and the cost of the collection thereof, including reasonable court costs and attorney's fees. In order to secure payment, the city shall have a lien upon the abutting real estate, which shall be superior to all other liens thereon, except liens for ad valorem taxes and public improvement assessments.
(Ord. 2015-4, passed 4-15-2015; Am. Ord. 2020-2, passed 2-19-2020; Am. Ord. 2021-12, passed 12-15-2021; Am. Ord. 2023-7, passed 7-26-2023)