Unless the context clearly indicates otherwise, the words used in this chapter shall have the meanings given in this section.
A. 
"Abutting property"
means all property having a frontage upon the margin of any street or other public place.
B. 
"Sidewalk"
means any structure or form of street improvement in the space between the street margin and the roadway known as the sidewalk area.
(Ord. 208 § 1, 1959)
The burden of expense of constructing sidewalks, curbs, etc., along the side of any street or other public place shall devolve upon and be borne by the property directly abutting thereon.
(Ord. 208 § 2, 1959)
If, in the judgment of the officers or department having supervision of streets and public places, or it is deemed by any department that public convenience or safety requires a sidewalk to be constructed along either side of any street, the fact shall be brought to the attention of the council immediately.
(Ord. 208 § 3, 1959)
If upon receiving a report the city council deems the construction of the proposed sidewalk necessary or convenient for the public it shall by an appropriate resolution order the sidewalk constructed and shall cause a written notice to be served upon the owner of each parcel of land abutting upon that portion and side of the street where the sidewalk is constructed requiring him to construct the sidewalk in accordance with the resolution.
(Ord. 208 § 4, 1959)
A. 
The resolution and notice and order to construct a sidewalk shall:
1. 
Describe each parcel of land abutting upon that portion and side of the street where the sidewalk is ordered to be constructed;
2. 
Specify the kind of sidewalk required, its size and dimensions, and the method and material to be used in construction;
3. 
Contain an estimate of the cost thereof; and
4. 
State that unless the sidewalk is constructed in compliance with the notice, and within the time therein specified, the town will construct the sidewalk and assess the cost and expense thereof against the abutting property described in the notice.
B. 
The specifications and cost estimate referred to in subsections (A)(2) and (A)(3) of of this section may be attached to the resolution and shall be considered a part of the resolution.
(Ord. 208 § 5, 1959)
The notice shall be served:
A. 
By delivering a copy to the owner or reputed owner of each parcel of land affected, or to the authorized agent of the owners; or
B. 
By leaving a copy thereof at the usual place of abode of such owner in the city with a person of suitable age and discretion residing therein; or
C. 
If the owner is a nonresident of the city and his place of residence is known, by mailing a copy to the owner addressed to his last known place of residence; or
D. 
If the place of residence of the owner is unknown or if the owner of any parcel of land affected is unknown, by publication in two weekly issues of the official newspaper of such city. Such notice shall specify the time within which the sidewalk shall be constructed which in the case of publication of the notice shall not be less than 60 days from the date of the first publication of such notice.
(Ord. 208 § 6, 1959)
If the notice and order to construct a sidewalk is not complied with within the time therein specified, the officer or department having the supervision of streets shall proceed to construct or have constructed the sidewalk forthwith and shall report to the city council at its next regular meeting or as soon thereafter as is practicable an assessment roll showing each parcel of land abutting upon the sidewalk, the name of the owner thereof if known, and apportion the cost of said improvement to be assessed against each parcel of such land.
(Ord. 208 § 7, 1959)
The city council shall set a date for hearing any protests against the proposed assessment roll and shall cause a notice of time and place of the hearing to be published for two successive weeks in the official newspaper of the city, the date of the hearing to be not less than 30 days from the date of the first publication of the notice. At the hearing or at any adjournment thereof the city council by ordinance shall assess the cost of constructing the sidewalk against the abutting property in accordance with the benefits thereto.
(Ord. 208 § 8, 1959)
The assessments shall become a lien upon the respective parcels of land and shall be collected in the manner provided by law for the collection of local improvement assessments and shall bear interest at the rate of six percent per annum from the date of the approval of the assessment thereon.
(Ord. 208 § 9, 1959)