A. Inspection; Council Determination: The City Council shall designate one of its members whose duty it shall be to inspect all sidewalks within the City and report to the Council, where in his judgment the construction of a new sidewalk is necessary, and all cases where there is no existing sidewalk, and in his judgment it is necessary for a sidewalk to be constructed. After considering such report and recommendation, the Council shall make its determination. Said member shall report such fact to the Council with his recommendation. Whenever the Council, after considering such report and recommendation, in their judgment deem it necessary to require property owners within the City to construct or repair sidewalks, they shall take recorded action in an official City Council meeting, naming the owner and location of property abutting it which it is in such meeting determined sidewalks shall be constructed and repaired. (1990 Code §9-301)
B. Notice To Construct: When any sidewalk is ordered to be constructed or reconstructed, under the provisions of this section, the Clerk-Treasurer, as soon as may be, shall serve notice in writing upon the property owner, or any resident agent of the property owner, directing such sidewalk to be constructed or reconstructed, of the materials and according to the specifications in force in the district where such is to be constructed or reconstructed, and describing the premises adjacent to which such construction is to be made. The service of such notice may be made by delivery of a copy thereof to the owner or his agent, or if neither is to be found within the City by mailing a copy thereof to the owner at his last known post office address, and service by mail shall be deemed complete upon the expiration of five (5) days from the date of the mailing of such notice. (1990 Code §9-302)
C. Failure To Construct: If the work of building such sidewalk in accordance with the notice served by the Clerk-Treasurer is not begun within ten (10) days after the serving of such notice, or if after having been begun, the same is not completed within a reasonable time thereafter, the Mayor and the Council shall notify the City Clerk-Treasurer of such fact and the Clerk-Treasurer shall call for bids by publication for two (2) consecutive issues in some newspaper published in or having a general circulation in the City for the construction and completion of such sidewalk. Such bids shall be returned by the Clerk-Treasurer to the Mayor and opened and considered at the next or any general or special meeting; and after laying over not less than one day, the contract for the construction or completion of such sidewalk shall be let to the lowest and best reasonable bidder, and the work of construction or reconstruction shall be performed under the general supervision of the Public Works Director. (1990 Code §9-303)
D. Repairs: When any sidewalk within the City is in such condition as in the judgment of the City Council to require repairs thereof to be made, the Clerk-Treasurer shall serve upon the owner or his agent a written notice to make such repairs, describing the same in general terms, which notice may require the repairs to be made within such reasonable time, not exceeding ten (10) days after the service of such notice as may, in the opinion of the Council, be deemed necessary, and if such repairs be not made within the time required by such notice, the same shall thereupon be made by the Public Works Director. (1990 Code §9-304)
E. Serving Of Itemized Statement; Collection: Upon the completion of the construction or repairs, the costs thereof shall be paid out of any unappropriated monies in the General Fund of the City or such other fund as may be designated by the City Council. As soon as may be thereafter, the Clerk- Treasurer shall serve upon the owner of such property, or his agent, in the same manner as the notice to construct sidewalks is authorized to be served, an itemized statement of the costs of such construction, reconstruction or repair, and if the costs thereof be not paid within five (5) days after such service, the Clerk-Treasurer shall deliver a copy of such itemized statement to the City Attorney who shall proceed to collect the same. (1990 Code §9-305)
F. Duties Of City Attorney; Lien: Upon the receiving of any such statement, the City Attorney shall, as soon as may be, bring suit in any court having jurisdiction, for the recovery of the monies expended by the City in the construction, reconstruction or repair of such sidewalk, or shall file a lien upon the property abutting upon such sidewalk. Such lien shall be verified and shall be filed and foreclosed as in the case of other liens under the general laws of the State of Idaho and amendments which may hereafter be made thereto, and from the date of the filing of the same, the costs of such construction, maintenance and repairs shall be and remain a lien upon the property described as in the case of other liens. (1990 Code §9-306; amd. 2018 Code)
G. Hearing On Notice To Construct: Any time after the service of the notice to construct, reconstruct or repair, as hereinbefore provided, and before the expiration of the time specified therein, the owner or agent upon whom such service was made may appear before the City Council at any general or special meeting and show cause why the order for such construction, reconstruction, or repair should be revoked. The City shall hear and determine such application informally and such application shall not extend the period within which the work is to be begun unless otherwise ordered by the City Council. (1990 Code §9-307)