When any sidewalk or curb constructed on any road, boulevard, street, avenue, lane or alley shall be out of repair or in need of reconstruction, or in a condition to endanger persons passing thereon, and when the City Engineer shall have actual knowledge of such fact, he shall cause notice to be given to the owner or other person, firm or corporation in charge of or in control of the property abutting upon such sidewalk or curb to repair or reconstruct said sidewalk, and if such owner or other person, firm or corporation shall fail to repair or reconstruct said sidewalk or curb within five days after the giving of such notice, the City Engineer shall cause said sidewalk or curb to be repaired or reconstructed out of any funds which may be available for said purpose, and the expense thereof shall be a charge against such owner or other person, firm or corporation, to be recovered by action in the name of the City of West Hollywood. The notice aforesaid shall be served in the manner provided for by law for the service of summons in a civil action, if such owner or other person, firm or corporation, can be found in the City of West Hollywood, or if such owner or other person, firm or corporation, cannot be so found, then by delivering the same to the person in possession of such property, if such property be occupied, or if unoccupied, by posting the same upon said property. Said notice shall specify the manner of the repair or reconstruction and the materials to be used in such work, and shall state that if such owner or other person, firm or corporation shall fail to repair or reconstruct said sidewalk or curb as required, within five days thereafter, such work will be done by the city at the expense of such owner or other person, firm or corporation, and that such owner or other person, firm or corporation, will be prosecuted for such failure as provided for by this chapter.
(Prior code § 7107; Ord. 94-421 § 1, 1994)