[Adopted as Sec. 16-3 of the 1997 Revised General Ordinances; amended in its entirety 3-20-2007 by Ord. No. 94-2007]
[Amended by 10-16-2007 by Ord. No. 121-2007]
A. 
In any public street, avenue, alley and lane in the City, curbs and sidewalks shall be set or reset, laid, relaid, altered, repaired and maintained at the expense of the abutting property owner, except as hereinafter set forth.
B. 
Sidewalk construction or reconstruction may be paid for wholly from governmental funds rather than at the cost of the adjoining property owner, only in areas of the City designated and approved by specific ordinance for a rehabilitation project and involving construction or reconstruction of all surface improvements in one or more contiguous City blocks. Such a construction or reconstruction project as approved by specific ordinance shall be funded as a general municipal improvement and shall be designated by the City Engineer as required in connection with securing uniformity of appearance, ease of construction and related considerations involving the satisfactory completion of such a rehabilitation project.
A. 
Whenever any curb or sidewalk is required to be set, reset, laid, relaid, altered or repaired in the City, application by the owner of the abutting land or his contractor for a permit shall first be made in accordance with Chapter 440 Article II, specifying the grade, dimensions, mix, materials and the method of construction or repair to be used. All work shall be done in strict compliance with Article II, failing which, appropriate actions shall be taken by the City. In the case where any curb or sidewalk is set, reset, laid, relaid, altered or repaired and has a minimal impact, with a disturbance of less than six inches on any street surface, it shall be exempt from the requirements for a permit in accordance with Chapter 440, Article II.
[Amended 6-17-2008 by Ord. No. 158-2008]
B. 
In all instances where the existing sidewalk is made of slate, such material shall be maintained and utilized where possible. If necessary, existing slate material shall be replaced in the course of any alteration or repair with slate material. In the event that it is necessary for motor vehicles to cross a slate sidewalk for access to the owner's property, the owner shall first remove the slate material to avoid damage, and thereafter replace the slate material.
A. 
Whenever the City Council deems necessary the construction, repair, alteration or relaying of any curb or sidewalk in the City, it shall by resolution specify the improvements to be made. Whenever the resolution has been adopted by the Council, the City Manager shall cause written notice to be served upon the owners or occupants of the lands, requiring the necessary specified work on the curbs or sidewalk to be done by the owner or occupant within a period of not less than 30 days from the date of service of the notice. Where the lands are unoccupied and the owner cannot be found within the City, the notice may be mailed, postage prepaid, to the owner's post office address, if the same can be ascertained. If the owner is a nonresident of the City or his post office address cannot be ascertained, then the notice may be inserted for four weeks in a newspaper circulated within the City. The notice shall contain a description of the property affected sufficiently definite to identify it and shall also set forth a description of the required improvement.
B. 
Service of the notice upon owner or occupant resident in the City may be made in person or by leaving the same at his usual place of residence with a member of his family above the age of 14 years, or by leaving it at his usual place of business with a member of his business staff above the age of 14 years, or by attaching the notice at a conspicuous place upon the premises.
C. 
If the condition of a sidewalk or curb becomes such that it is hazardous to public safety, then, at his discretion, the City Manager may order the hazard to be abated, requiring the abatement to be effected immediately without a resolution procedure.
D. 
The owners of lots, tracts and parcels of land fronting or abutting on any public street, avenue, alley or land in the City shall, at their own cost and expense, construct curbs and sidewalks in front of or adjoining the same when notified to do so by the City Manager, pursuant to resolution of the Council.
A. 
If the owners or occupants of the lands affected do not comply with the requirements of the notice, the City Manager, upon filing due proof of service of publication of the notice in the office of the Clerk, shall cause the required work to be done and the cost shall be certified to the Collector of Taxes. Upon the filing of a certificate with the Collector of Taxes, the cost shall become a lien upon the abutting lands to the extent that assessments for local improvements are liens and shall bear interest from the date certification is made to the Collector of Taxes at a rate to be established by resolution of City Council, which rate shall be the then prevailing interest rate as more fully described in the resolution.
B. 
The cost of improvement, when it becomes a lien, shall be collected in the manner provided by law for the collection of other assessments or liens, and in addition the City may, at its option, maintain an action against the owner of the lands to recover the amount in any court having competent jurisdiction.
The City Council may, in each year, include in its budget or annual tax ordinance an appropriation for curb or sidewalk repairs, in addition to any existing general public works maintenance fund, out of which appropriation the cost of construction or repair of curbs and sidewalks during the year may be charged when it becomes necessary for the City Manager to make repairs or construction. All monies recovered or paid to the City under the provisions of this section shall be credited to the account out of which the work was paid for.