[R.O. 1993 § 530.180; R.O. 1932 § 632;
CC 1969 § 25-28]
Upon request or recommendation of the Street Commissioner, the
City Council may by ordinance or resolution condemn defective sidewalks
and provide for the construction of new sidewalks in the place of
those condemned and ordered removed.
[R.O. 1993 § 530.190; R.O. 1932 § 633;
CC 1969 § 25-29]
Upon the petition of any ten (10) citizens of the City, citing
the necessity for the construction of any sidewalk along or abutting
any property upon any street in the City, the City Council may by
ordinance declare the necessity for the construction of such sidewalk
and ordain and order the abutting property owners to begin, within
fifteen (15) days from the receipt of a copy of the ordinance, the
location of such sidewalk in accordance with the specifications and
estimate of cost thereof, with a work force sufficient to complete
the sidewalk and curbs thereof within sixty (60) days. If the abutting
property owners fail to complete the sidewalk or curbs within sixty
(60) days, or fail to begin work thereon within fifteen (15) days
with a sufficient force to complete the work within the sixty (60)
days from date of location of the work and service of the property
owners with a copy of the ordinance, specifications to be used and
an estimate of the cost, the Street Commissioner shall file with the
City Clerk specifications for such work and an estimate of the cost
thereof and the City Council shall for one (1) week cause to be advertised
in some newspaper published in the City for bids to build such sidewalk
according to the specifications therein set out, giving width, length,
material, etc., and the contract shall be let to the best and lowest
bidder, who shall file a good and sufficient bond for the faithful
performance of the work; and such contractor shall receive pay in
special tax bills issued by the City Council against the abutting
property owners. Such tax bills shall be assignable and constitute
a lien upon the property abutting such walks so built or constructed.
[R.O. 1993 § 530.200; R.O. 1932 § 634;
CC 1969 § 25-30]
Any work of construction of sidewalks or curbs shall be under
the direct supervision and orders of the Street Commissioner, who
shall direct where any sidewalk shall be built and shall furnish abutting
property owners with required specifications and estimate of the cost
of such sidewalk and shall likewise file copies of the specifications
and estimate of the cost with the City Clerk, together with a description
of the location and the sidewalk.
[R.O. 1993 § 530.210; R.O. 1932 § 635;
CC 1969 § 25-31]
Whenever the City Council, through the Street Commissioner,
shall advertise for bids for the construction of any sidewalk or curb
in the place of sidewalks or curbs condemned and ordered removed,
and shall receive no bids therefor, the Street Commissioner shall
proceed to construct or reconstruct any such sidewalk or curb and
shall keep an accurate account of the amount expended for labor or
material opposite each lot or piece of ground abutting such sidewalks
or curbs. He/she shall file a copy of such account for construction
with the City Clerk and deliver a copy thereof to each property owner
affected; and each lot or tract of ground abutting such sidewalk or
curb constructed or reconstructed shall be liable for the cost thereof
and special tax bills shall be issued therefor in favor of the City,
which shall be assignable.
[R.O. 1993 § 530.220; R.O. 1932 § 637;
CC 1969 § 25-32]
In the construction of any sidewalk or curb under this Article,
such sidewalk or curb shall not under any circumstance encroach upon
any street in the City, and in laying off sidewalks or curbs, it shall
be the duty of the Street Commissioner to see that the width of any
sidewalk as herein provided in each case shall be calculated from
the regulation street line curb as described by the plat of the City
which is of record, and no builder of sidewalks or curbs shall be
authorized or permitted to extend any sidewalk or curb across the
street line in order to obtain the width of sidewalk required by any
ordinance, but the width shall be forthcoming from the property of
the abutting owner or the property along which the line of sidewalk
or curb may be built or constructed. The height of any sidewalks and
the grade thereof shall be determined by the Street Commissioner.
[R.O. 1993 § 530.230; R.O. 1932 § 636;
CC 1969 § 25-33]
No formality whatever shall be required for the repair of sidewalks
or curbs and making assessments therefor, but the Street Commissioner,
upon resolution of the City Council, may without notice cause such
work to be done, keeping an accurate account of the cost thereof and
reporting it to the City Council for assessment; and each lot or piece
of ground abutting such sidewalk or curb constructed and repaired
along or in front of such lot or piece of ground as reported to the
City Council shall be assessed for its share of such cost and tax
bills shall be issued therefor as provided for by applicable State
Statutes.
[R.O. 1993 § 530.240]
If a notice in regard to the building, construction or reconstruction
of sidewalks or curbs by owners of property cannot be personally served
in this State or if the owners are unknown and cannot be served with
process personally; the City Council shall cause four (4) weeks'
notice to be published in some weekly newspaper published in the City
setting forth the facts required in the written notice.
[R.O. 1993 § 530.260; R.O. 1932 § 640;
CC 1969 § 25-36]
A. The total cost of paving, macadamizing, curbing, guttering and construction
of sidewalks along any street, square or other highway or any part
thereof, or for repair thereof, and wherein a special tax bill shall
issue therefor, may be paid in ten (10) annual installments; provided,
that the owner of the property described in the special tax bill shall
have filed a written request with the Clerk within thirty (30) days
after the letting of the contract for the improvement that his/her
tax bill or bills shall be made payable in installments. In such case
the tax bills shall be payable in annual installments as follows:
One-tenth (1/10) in one (1) year, one-tenth (1/10) in two (2) years,
one-tenth (1/10) in three (3) years, one-tenth (1/10) in four (4)
years, one-tenth (1/10) in five (5) years, one-tenth (1/10) in six
(6) years, one-tenth (1/10) in seven (7) years, one-tenth (1/10) in
eight (8) years, one-tenth (1/10) in nine (9) years and one-tenth
(1/10) in ten (10) years after the date of their issue, and tax bills
may bear interest at the rate of ten-year U.S. Treasury Notes, as
established at the most recent auction, per annum, payable annually,
from sixty (60) days after the date of issue until paid, and shall
provide that if any annual installment, or the interest thereon, is
not paid when due, then all of the remaining installments shall, at
the option of the holder of the tax bill, become immediately due and
payable; provided that the owner of property charged with the payment
of the tax bill, or the owner of any interest therein, shall have
the privilege of paying the whole of any tax bill in full at any time,
or on any annual installment payment date of paying in full one (1)
or more of the remaining installments not of maturity date.
B. In such cases, the City Clerk shall make out ten (10) special tax
bills, which shall be signed by the Mayor and attested by the City
Clerk, each for one-tenth (1/10) part of the cost of such work, bearing
interest as aforesaid, which rate shall be fixed by ordinance, and
deliver them to the contract for the work. Each and every such tax
bill shall be a lien on the lot or parcel of ground therein described,
and such lien shall continue for one (1) year from the maturity of
the tax bills last becoming due, until paid, or until the final determination
of any legal proceedings to collect the same; but no such suit shall
be brought on any such tax bill until after the maturity of all such
tax bills.
[R.O. 1993 § 530.270; R.O. 1932 § 644;
CC 1969 § 25-37]
The City Council may, by ordinance, include in the special assessment
the cost of bringing to the established grade any street, square or
area formed by the intersection or meeting of streets or other highways
or part thereof proposed to be improved as herein provided, when in
its judgment the general revenue of the City is not in a condition
to warrant an expenditure therefrom for bringing the same to the established
grade; provided that the resolution declaring such work necessary
to be done and published in some newspaper published in the City shall,
in addition to other work of improvement therein provided for, include
and describe the work of bringing such street, avenue, alley or other
highway, square or part thereof to the established grade. In all cases
where such work is authorized by virtue of such resolution, and is
contracted for in pursuance thereof, the bringing to grade as above
described shall be included in the same contract with the other work
provided for therein, and tax bills shall be issued in payment for
all work, as may be provided for by ordinance.