[R.O. 2007 §32-76; Rev. Ords. 1951 §32.310]
The City Council may, by ordinance or resolution, condemn wooden
or defective sidewalks and may provide in such ordinance or resolution
for the removal of sidewalks so condemned and may provide by ordinance
for the construction of new sidewalks in the place of sidewalks so
condemned and removed, which new sidewalks shall be of such material
or materials and of such dimensions as shall be provided for in the
ordinance providing for the reconstruction of the same. Any person
who shall repair any condemned sidewalk, except to make the same entirely
new as provided by ordinance, shall be deemed guilty of an ordinance
violation.
[R.O. 2007 §32-77; Rev. Ords. 1951 §32.320]
A.
Whenever
the City shall advertise for the construction of any new sidewalks
of any kind or for the construction of new sidewalks in place of those
condemned and shall receive no bids therefor, the City, through its
Superintendent of Streets, may, under the orders and directions of
the Council, proceed to construct or reconstruct all such sidewalks
at its own expense, keeping an accurate account of the amount expended
for labor and material, including grading and filling, opposite each
lot or piece of ground and present the same to the owner or agent
of the property for payment.
B.
If payment of the expenses incurred under Subsection (A) of this Section is not made within five (5) days from the date of presentation, the Superintendent of Streets shall then present said account to the City Council for assessment and the Council shall, by ordinance, assess and levy a special tax against and upon the lots and pieces of ground abutting on the parts of the street where such sidewalks are so constructed and each lot or piece of ground abutting on the sidewalk so constructed or reconstructed shall be liable for the costs thereof as reported to the Council by the Superintendent of Streets. There may be as many assessments included in one (1) ordinance as there are lots or pieces of ground reported as having received resulting benefits from the construction or reconstruction of any such sidewalks.
C.
The
City Clerk shall issue tax bills payable to the City against each
lot or piece of ground for the amount for which it is liable. Such
tax bills shall contain such recitals as shall be necessary to make
them prima facie evidence in any suit thereon. All such tax bills
shall be assignable and shall be a first (1st) lien on the lot or
piece of ground described therein until paid and shall be collectible
in any action brought in the name of the City to the use of the holder
thereof or in any action brought by the City in its own name and for
its own use; but when any such tax bill has been assigned, the City
shall not in any event be liable for cost that may accrue in such
action, nor will the City be liable for the amount of any such tax
bill after the same has been assigned. All such special tax bills
shall in any action thereon be prima facie evidence of the regularity
of the proceedings for such special assessments, of the validity of
the bill, of the doing of the work and furnishing the materials charged
for and of the liability of the property to the charge stated in the
bills and all such tax bills shall bear eight percent (8%) interest
from thirty (30) days after the date of issue of the same until paid
and if not paid within six (6) months, shall bear interest from date
of issue at the rate of fifteen percent (15%) per annum until paid.
[R.O. 2007 §32-78; Rev. Ords. 1951 §32.330]
As soon as any such tax bills have been made out by the City
Clerk under this Article, either for new sidewalks or repairs, he/she
shall record same in the book kept for that purpose and he/she shall
deliver them to the City Collector, charging him/her therewith and
taking his/her receipt therefor and the City Collector shall immediately
proceed to collect or sell the same. All such tax bills not paid or
sold within thirty (30) days shall be turned over to the City Attorney
for the purpose of bringing suit thereon and he/she shall sue on all
such tax bills as soon as ordered to do so by the Council.
[R.O. 2007 §32-79; Rev. Ords. 1951 §32.340]
Any person making any contract with the City for work under
this or any special ordinance passed in pursuance of this Article
and wherein the provisions, conditions and specifications hereof are
made to control, shall be paid in special tax bills made in conformity
to the provisions of this Article and the Statutes in such cases made
and provided.
[R.O. 2007 §32-80; Rev. Ords. 1951 §32.350]
The cost of making any new sidewalks, where the same are constructed
by contract awarded by the City Council after due advertisement and
a failure to receive any bids therefor, shall be levied as a special
assessment on all lots and pieces of ground abutting on such improvement
in proportion to the front foot thereof; provided, that the corner
lots, at street intersections or other places, shall be liable for
and shall be assessed for the extension of sidewalks to the curb line
each way.
[R.O. 2007 §32-81; Rev. Ords. 1951 §32.360]
All sidewalks constructed by any contractor shall be paid for
as hereinbefore provided and as soon as completed and accepted by
the City Council, the City Engineer or other designated official shall
compute the cost thereof and return said computation to the Council
who shall by ordinance assess a special tax against the lots or tracts
of land as herein provided and the Clerk shall make out a certified
bill of such assessment against each lot or tract of land in the name
of the owner thereof. Said certified tax bill shall be delivered to
the contractor who shall receive and receipt the same in full for
all claims against the City for all work done or material furnished
under his/her contract.
[R.O. 2007 §32-82; Rev. Ords. 1951 §32.370]
No formality shall be required to authorize the repairing of
any sidewalk or reconstructing the same and making the assessment
therefor, but the Superintendent of Streets shall, with or without
notice, as the exigencies of the case may require, do or cause to
be done such repairs and furnish all materials therefor, keeping an
accurate account of the cost thereof and immediately upon the completion
of any such repairs, he/she shall present the account of the cost
thereof to the owner or agent of the property to be charged therewith,
if this may be done with reasonable convenience within the City. If
any person shall fail to pay any such account when presented, the
Superintendent of Streets shall report the same to the City Council
for assessment. He/she shall also report such accounts to the Council
for assessment as have not been presented to the owner or agent of
any property to be charged with such repairs so made. Any failure
to present any account to the owner or agent for any such repairs
so made shall in no manner affect the validity of any assessment made
therefor, but the same shall, in all cases, be taken as an accommodation
to the owner or agent.
[R.O. 2007 §32-83; Rev. Ords. 1951 §32.380]
When the Superintendent of Streets shall notify any property
owner or agent of any defective sidewalks, said notice may be served
by mailing the same to the proper address of any such owner or agent
at any place within or without the City and if the place of residence
of such owner or agent is unknown, it shall be sufficient to post
such notice on the premises or he/she may serve such notice by delivering
a copy thereof to such owner or agent in person or by leaving a copy
thereof at the usual place of abode of such owner or agent with a
member of his/her family over the age of fifteen (15) years.
[R.O. 2007 §32-84; Rev. Ords. 1951 §32.390]
Each lot or piece of ground abutting on any sidewalk or any
part thereof shall be liable for its part of the cost of such work
made along or in front of such lot or piece of ground as reported
to the Council by the City Engineer, Superintendent of Streets or
other designated official and the Council shall assess against and
upon each lot or piece of ground receiving the benefit of such repair
the cost of the same and the City Clerk shall immediately issue tax
bills therefor in accordance with such assessments, which tax bills
shall contain such recitals as the law requires.
