(a) Resolution of Necessity. When it is deemed necessary by Council to require the construction of sidewalks within the City by the owners of the lots or lands abutting thereon, the City Engineer shall prepare an estimate of the cost of the construction, showing the location, dimensions, and specifications for the construction of the sidewalks, which is to be filed in the office of the Director of Public Service. After the estimate of cost has been filed, Council may declare the necessity for the construction of such sidewalks by the adoption of a resolution which shall:
(1) Approve the estimate of cost of the proposed construction on file, as provided by this section;
(2) Describe the lots and lands abutting upon the sidewalks to be constructed by the termini of the improvement or by street addresses of individual parcels, and describe sidewalk improvements;
(3) Set forth that the sidewalks shall be constructed by the owners of the lots or lands abutting thereon, in accordance with the specifications on file in the office of the Director of Public Service;
(4) If constructed by the owner, set forth the time in which the sidewalks shall be constructed by the owners of the abutting lots and lands, which shall not be more than ninety (90) days from the date of service of notice under subsection (b), on the owners of the lots or lands; and
(5) State that in the event the sidewalks are not constructed by the owners of the lots and lands abutting the sidewalks, in accordance with the policy of the City established in this chapter and within the time prescribed in the resolution, the City will construct the sidewalks and assess the cost against the lots and lands abutting the sidewalks.
(b) Notice to Construct. Notice of the passage of a resolution of necessity shall be served by the Service Director, or his designee, upon the owner of the lots or lands abutting upon the sidewalks to be constructed, by personal service or by certified mail, with return receipt requested, addressed to the owner at his or her last known address or to the address to which tax bills are sent, or by a combination of the foregoing methods. If it appears by the return of service or the return of the certified mail notices that one or more of the owners cannot be found, such owners shall be served by publication of the notice once in a newspaper of general circulation within the City. Three (3) weeks after completion of such publication service, the ninety-(90) day period allowing the owner to construct sidewalks shall commence to run. The return receipt of the person serving the notice or a return receipt of the notice forwarded by certified mail and accepted by the addressee, or anyone acting for him/her, shall be evidence of the service of notice. The notice shall also set forth the place where the estimates governing the construction of the sidewalks are on file, the time in which the owner of the lot or parcel of land shall construct the sidewalks, and the fact that if the owner does not construct the sidewalks, in accordance with the plans and specifications and within the specified time, the City will construct the sidewalks and assess the costs against the lot or land of the owner.
Random sidewalk construction by the City may commence on the property abutting an owner’s property when notice periods are complete and the owner’s ninety (90) day period for construction has expired, notwithstanding that notices or the construction period has not expired for some owners in the program.
A certified copy of the resolution of necessity shall be filed with the County Auditor within fifteen (15) days of its passage.
(c) Assessment of Costs Against Owner. Upon the expiration of the time in which sidewalks shall be constructed by the owner of the abutting lot or lands, the sidewalks not constructed shall be constructed by the City in accordance with the resolution adopted under subsection (a), and Council shall, upon the completion of such construction, assess the cost against the abutting lots or lands.
(d) Estimated Assessments. Upon completion of the construction of sidewalks, the total cost of the construction, as defined in O.R.C 727.08, shall be ascertained and reported to Council by the City Engineer, and Council shall cause a list of estimated assessments to be prepared. The list shall include the total cost of construction, including inspection, costs of notice, and other usual costs of construction, and shall be filed in the office of the Clerk of Council and be available for public inspection.
(e) Notice of Estimate; Objection. Council shall cause a notice to be published for two (2) consecutive weeks in a newspaper of general circulation in the City, stating that the list of estimated assessments has been made and is on file in the office of the Clerk of Council for inspection and examination by interested persons. Regular mail notice may be given by the Clerk of Council to the abutting owners, at the address shown, for completed services of the proposed assessment charges for the improvements. The cost of postage for such billings shall be included as a cost of the improvement.
If any person objects to an assessment on such list, he or she may file his or her objection, in writing, with the Clerk of Council within two (2) weeks after the expiration of the notice provided in this subsection.
(f) Assessment Proceedings. The provisions of O.R.C. 727.26 to 727.43, inclusive, shall apply to and govern the proceedings taken and the assessments levied under the provision of this section. The proceedings hereunder shall be construed in accordance with the provisions of O.R.C. 727.40.
(Ord. 2016-130. Passed 12-20-16.)