[Adopted 9-12-1927 by Ord. No. 8 (Ch. 304.000 of the 1999 Compiled Ordinances)]
All sidewalks hereafter constructed in said City shall be of
a good-quality portland cement, properly mixed with sand and gravel,
the grouting to be one part cement and five parts of clean sand and
gravel, and shall be not less than three inches in thickness; the
top dressing shall be one part cement to two parts clean, sharp sand.
It shall be not less than one inch in thickness and shall be compactly,
evenly and firmly laid. Such sidewalks shall be not less than four
feet wide and shall conform to the established grade of the street
upon which it is built.
It shall be the duty of all owners of real estate on the line
of any and all streets in this City to build, keep and maintain sidewalks
as hereinbefore described along the line of all streets, next to and
adjoining such real estate.
It shall be the duty of the Council when any owner of any of said real estate shall, in its judgment, neglect the duty imposed by § 462-2, and when in its judgment a sidewalk in front of or adjoining any real estate, or any repair to sidewalk already built are a public necessity, to order by resolution, or otherwise, the owner of said real estate to build or repair such sidewalk. Such resolution may be substantially as follows:
RESOLVED: That public necessity demands the construction (or
repairs) of a sidewalk on the . . . side of . . . street in this City,
next to and adjoining lot (describing the premises) and the same is
hereby ordered built (or repaired) in conformity with the provisions
of the ordinance relative to the construction and maintenance of walks.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Upon such order being made by the Council, it shall be the duty
of the Director to forthwith serve, or cause to be served, as hereinafter
specified, upon the owner of said real estate a notice which shall
specify where such sidewalk is ordered to be constructed or the sidewalk
ordered to be repaired, and shall state that such owner shall complete
such sidewalk within 14 days after service of such notice upon such
owner. Such notice may be substantially as follows:
To . . . In conformity with a resolution of the Council, you
are hereby ordered to build (or repair) a sidewalk on the . . . side
of . . . street in this City next to and adjoining lot . . . (describing
property) and that such sidewalk must be built (or repaired) in accordance
with the provisions of the ordinance relative to the construction
and maintenance of sidewalks, and must be completed within 14 days
after service on you of this order. . . . Director.
Service of such notice may be made by delivering the same to
such owner personally or, if such owner be a nonresident of this City,
by personal service on the occupant of the premises or, if such premises
are unoccupied and the owner a nonresident of this City, or unknown
and cannot be found after diligent search, then by posting such notice
conspicuously upon such real estate or in front thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Director shall, as soon as practicable after said 14 days
have elapsed, report, in writing, to the Council whether or not such
sidewalk has been built as ordered, and if not so built, he shall
attach to such report a true copy of the notice ordering such walk
to be built, and an affidavit showing the person upon whom such notice
was served and the time and manner of service thereof.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
If said owner shall fail to complete such sidewalk as aforesaid,
within 14 days after service on him of such notice as aforesaid, the
Street Department is hereby directed to build or repair such sidewalk
as ordered by said Council and shall, upon completion of the same,
make report of its doing to the Council, describing the premises along
which it has built or repaired such sidewalk, the number of feet to
each sidewalk constructed, including the cost of drawing and serving
said notice, and of its personal and other fees and expenses. Such
report may be in the following form:
The Street Department reports to the Council that it has built
or repaired a sidewalk on the . . . side of . . . street in this City
next to and adjoining the premises hereinafter described, at the cost
set opposite each parcel of property described: Description . . .
Owner . . . Number of feet . . . Entire cost . . . (Names of Department),
Department.
The said Council on reception of such report may by resolution
or otherwise confirm the same and if confirmed shall notify the Assessor
of said City of the entire cost and expense of constructing or repairing
such sidewalk, and the Assessor shall assess the same in accordance
with the provisions of the City Charter.
This article shall take effect from and after the fifth day
of October, 1927.
