(a) Under the provisions of Ohio R.C. 729.01, the City Council, after passage of a resolution of necessity and service of a notice to property owners, as required by Ohio R.C. 729.02 and 729.03, respectively, may order such property owners to construct or repair sidewalks, curbs or gutters which abut their property. Upon refusal of the property owner, within 30 days after notice, to construct or repair such sidewalks, curbs or gutters, the Director of Public Service may cause such work to be done by the city and bill the costs to the property owner. If the property owner refuses or fails to pay such bill within 30 days, the City Council, by ordinance, shall cause the costs to be certified to the County Auditor, who shall place such costs upon the tax duplicate to be collected, together with penalties allowed by law, as other taxes are collected, and to be credited to the city.
(1964 Code, § 903.04)
(b) In addition to the provisions of subsection (a) hereof and of the sections of the Ohio Revised Code referred to therein, repairs to sidewalks, curbs and gutters may be made by the city pursuant to this subsection.
(1) The owner of every lot or parcel of land within the city which abuts upon a curb, gutter or sidewalk shall keep such curb, gutter and sidewalk in repair. Upon failure of the owner to do so, the city shall cause such repairs as are necessary to be made to the curbs, gutters and sidewalks, and the cost of such repairs shall be assessed against the lot or parcel of land abutting the curb, gutter or sidewalk.
(2) The Director of Public Service shall cause a written notice to be served to the property owner, or agent of the owner, of each lot or parcel of land abutting upon the curb, gutter or sidewalk in need of repair in a manner provided for the service of summons in a civil action, and shall return a copy of such notice, with the time and manner of service endorsed thereon, signed by the officer serving it, to the Director of Public Service. If the owner is not a resident of the city, any agent of the owner or person charged with the collection of rents or the payment of taxes on the property or having general control thereof shall be authorized to receive such notice. If the owner is a nonresident of the county and no agent can be located within the county, the notice may be published once in a newspaper of general circulation, and such notice shall be deemed sufficient notice to the owner.
(3) If the sidewalks, curbs or gutters are not repaired within ten days after the service of notice, or after the publication of notice, the Director of Public Service may have the repairs done at the expense of the owner, and all such expenses in connection therewith shall be assessed on the property bounding and abutting thereto. The Director of Public Service shall furnish the Finance Director with a certified list of the properties, their owners and the amounts of assessments. The Finance Director shall cause such assessments to be certified to the office of the County Auditor to be collected in a manner provided by law.
(Ord. 66-2, passed 1-27-1966)