905.09 NONCOMPLIANCE WITH INSPECTION NOTICE.
   (a)   If the property owner or agent fails to comply with the notice to repair, or fails to file an objection in accordance with Section 905.08 (g), or fails to comply with the determination of the Director of Engineering under Section 905.08 (g), the City shall cause the sidewalks to be reconstructed or repaired. All expenses and labor costs incurred shall be paid out of City funds, with a statement of charges and a proper description of the premises to be sent to the property owner for payment within forty-five days. In the event that the property owner or agent fails to pay within the time allotted, the Director of Finance shall be authorized without further ordinance, resolution or action of Council to enter a lien upon the tax duplicate against the lots or lands effected by the improvements and shall certify to the County Auditor for entry upon the tax duplicate such lien upon such lands from and after the date of entry to be collected as other taxes and returned to the City.
   (b)   In the event the City enters a lien upon the tax duplicate as provided in subsection (a) hereof, the Director of Finance shall certify to the County Auditor for recording such lien in the following manner:
      (1)   In the event the work done in accordance with this section is a repair of existing sidewalks, including the replacement of certain sections thereof, the assessment amount shall be certified to the County Auditor for lien and assessment to be paid in ten semi-annual installments at an interest rate to be established by the Director of Finance in accordance with the projected cost of City funds for the period to be covered by the assessment but in no event shall the interest rate established be less than three percent (3%) or more than twelve percent (12%) per annum.
      (2)   In the event the work done in accordance with this section is a replacement or new installation of an entire sidewalk, the assessment amount shall be certified to the County Auditor for lien and assessment to be paid in twenty semi-annual installments at an interest rate to be established by the Director of Finance in accordance with the projected cost of City funds for the period to be covered by the assessment but in no event shall the interest rate established be less than three percent (3%) or more than twelve percent (12%) per annum. (Ord. 2001-5. Passed 3-1-01.)