The burden and expense of maintaining, cleaning, repairing or renewing any sidewalk or part thereof, on any side of any of the streets, lanes, alleys or other public places, within the limits of said city shall be a charge upon the property directly abutting upon that side of such street, lane, alley or other public place, along which a sidewalk has been constructed.
(Ord. 90 § 1, 1897)
It shall be the duty of the city marshal of said city to inspect all sidewalks along the streets, lanes, alleys or other public places, within the limits of said city, and whenever he shall find any sidewalk or part thereof, in any of the places aforesaid, in such a condition, as in his judgment to render the same unfit or unsafe for the purposes of public travel, he shall without delay notify the owner or occupant or person in charge of the property abutting on said portion of said sidewalk of the condition thereof, and shall at the same time notify such person to clean or repair the defect, whatever it may be, in or on said sidewalk or part thereof, within 24 hours from the time of the giving of such notice; provided, that where the unsafe condition of such sidewalk is owing to some defect that cannot in the judgment of said officer be repaired in so short a time, then he shall fix such other reasonable length of time for the making of such repair or repairs as owing to the circumstances of the case he may deem sufficient, and he shall at once report all his doings in the matter to the city council, and shall keep the defective portion of such sidewalk barricaded until either repaired or ordered opened by the city council.
(Ord. 90 § 2, 1897)
In case there should not be a regular meeting of the city council on the evening of the day on which the city marshal shall give the aforesaid notice, then said officer shall directly after giving said notice notify the mayor of said city of the condition of the aforesaid sidewalk and of what he has done in the matter, and thereupon the said mayor shall at once call a special meeting of the council of said city for the purpose of considering and taking action upon the report of the city marshal, relative to the aforesaid sidewalk.
(Ord. 90 § 3, 1897)
The city marshal shall attend such special meeting of said city council and shall report thereat to said council the condition of the aforesaid sidewalk and all his doings in regard thereto, and upon the hearing of said report said city council shall consider the same and make such order in the premises as they shall deem best.
(Ord. 90 § 4, 1897)
In case the owner or occupant or person in charge of said premises shall fail or neglect to comply with the aforesaid notice within the time fixed by the aforesaid officer, then any person or persons whom the said city council may, at the aforesaid council meeting, have authorized to do so shall, without further delay, proceed to clean or repair the defect, whatever it may be, in or on said sidewalk or part thereof, and the entire cost and expense of such cleaning or repair, shall be charged to the owner of the abutting property, which said cost and expense shall be a lien upon said abutting property until paid, which lien may be enforced and foreclosed in the same manner as other liens upon real property in this state are enforced and foreclosed.
(Ord. 90 § 5, 1897)
In case such abutting property shall not be occupied or the owner thereof shall be a nonresident or shall be absent or cannot be found, and shall have no known agent or person in charge of said premises, upon whom the notice mentioned in RMC § 12.35.020 can be served, then in either of such cases the city marshal of said city shall make affidavit to such fact, and file the same with the clerk of said city, and if there shall not be a regular meeting of the city council on the evening of the day on which the city marshal shall file the aforesaid affidavit, then said city marshal shall, directly after filing said affidavit with said city clerk, notify the mayor of said city of the condition of said sidewalk and of his filing such affidavit, and thereupon the said mayor shall at once call a special meeting of the council of said city, for the purpose of considering and taking action upon the report of the aforesaid city marshal relative to the aforesaid sidewalk.
(Ord. 90 § 6, 1897)
The city marshal shall attend such special meeting of said council and shall report thereat to said council the condition of said sidewalk, and all his doings in regard thereto, and upon the hearing of said report, said city council shall consider the same and make such order in the premises as they shall deem best and that the person or persons whom said city council, at such council meeting shall have authorized to do so, shall without further delay proceed to clean or repair the defect, whatever it may be, in or on said sidewalk or part thereof, and the entire cost and expense of such cleaning or repair shall be charged to the owner of the abutting property, which said cost and expense shall be a lien upon said abutting property until paid, which lien may be enforced and foreclosed in the same manner as other liens upon the real property of nonresident or absent defendants are enforced and foreclosed under the laws of the state.
(Ord. 90 § 7, 1897)
For the purposes of this chapter all property fronting on either side of any street, lane, alley, or other public place within the limits of said city shall be deemed abutting property and shall be chargeable with all cost and expense of maintaining, cleaning, repairing or renewal of any form of sidewalk improvement between the street or alley margin and the roadway in front of or at the side of such property and the term "sidewalk" shall include any and all forms of street improvement, between the street margin and the roadway.
(Ord. 90 § 8, 1897)
The notice mentioned in RMC § 12.35.020 shall be served by the city marshal and returned by him to the city clerk, the same as summonses are served and returned in civil actions in this state and nothing contained in this chapter shall be construed so as to prevent the aforesaid city council from legally transacting any business or making any order at a regular meeting thereof, that it is provided they may transact or make at a special meeting.
(Ord. 90 § 9, 1897)