[7-21-2021 by Ord. No. 1797]
(a)
Notice to abutting owners — generally. Whenever the Council shall, by resolution, determine that a sidewalk be constructed or relaid, the Council shall direct the City Clerk to serve notice on the abutting property owners of the area to be constructed and shall set a date for a public hearing to review the proposed construction of the public improvement.
(b)
Requirements of notice.
(1)
The notice required by Subsection (a) of this section shall designate the following:
a.
The time, date and place of the public hearing where Council shall determine whether the sidewalk will be constructed or relaid. The public hearing shall not be scheduled less than 14 days after the adoption of the resolution by Council specifying the area for the construction of the proposed public improvement. Notice shall be mailed to the abutting property owners not less than 10 days prior to the public hearing.
b.
The projected cost of construction and the estimated front foot cost to the abutting property owner.
c.
The right of the abutting property owner to attend the public hearing and object to the proposed sidewalk construction or the estimated cost of construction.
(2)
For the purposes of this subsection, notice shall be mailed to the property owner listed on the tax rolls of the City abutting the public improvement by first class mail.
(c)
Public hearing. The Council shall conduct a public hearing in accordance with the rules of the Council. Upon conclusion of the public hearing, the Council shall, by resolution, determine the necessity of the construction of the sidewalk and the estimated front foot cost to the abutting property owner and order that the sidewalks be constructed by the abutting property owner within 30 days of the public hearing. The resolution shall further establish the estimated cost, rate of interest and method of payment by the abutting property owner if the sidewalk is not constructed in accordance with Subsection (d) of this section.
(d)
Duty of abutting property owners; construction, etc., by City Engineer upon failure of property owner to do so; expense.
(1)
Every person so notified shall construct or relay the sidewalk in the manner and within the time required in the resolution of Council ordering the same, and under the general supervision and direction of the City Engineer.
(2)
In case any sidewalk shall not be constructed or relaid within the time specified by the Council, or in the manner required by the provisions of this article, the City Engineer shall construct or relay the same, unless otherwise ordered by the Council, and shall keep an accurate record of the expense of such construction or relaying, including his or her own time, and the amount of such expenses, properly itemized, shall be reported to the Council, duly verified by the City Manager. Such report shall also contain a description of the lot or premises upon or in respect to which the expense was incurred and the name of the owner, if known, chargeable therewith. The expense of the construction or relaying of such sidewalk shall be assessed to the owner in the manner provided in Section 15.19 of the Charter of the City.