Sec. 29-191. - Exemption for walk done under contract with city.

The provisions of this article shall not apply to any sidewalk or curbing construction or repairs done under contract with the city, except to the extent which may be specified in such contract or ordinance passed pursuant thereto, or as further described herein.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-192. - Procedure for making sidewalk improvements and assessments.

(a)

Whenever the city council shall find a public necessity for laying any sidewalk or curbing on any public street or place along, in front of or abutting of any private in the city, and shall pass an ordinance ordering the construction of such sidewalk or curbing, specifying the extent of such sidewalk or curbing required and naming the street or public place along which it is ordered to be constructed. The ordinance shall give a general description of each parcel of abutting property sufficient to identify the parcel and the name of the owner of the property of known.

(b)

It shall be the duty of each owner of such abutting property forthwith to lay and construct, or cause to be laid and constructed, such sidewalk or curbing as so ordered and of the character required.

(c)

It shall not be necessary for the city council expressly to declare such public necessity in each successive case, but the necessity shall be presumed to have been found and declared whenever the laying of sidewalks or curbing is ordered. If any owner is unknown to the city council it shall be sufficient so to state in the ordinance requiring the construction.

(d)

Each order and notice of any sidewalk, curbing or repairs for property situated at the intersection of any two (2) streets or public places shall be deemed to include the construction of the sidewalk, curbing or repairs along the property mentioned and extending to the curb line of the street or public place.

(e)

If any property has an unpaved alley abutting on the street or public place and intersecting on the street or public place and intersecting the street or public place, the sidewalk along the street or public place on either side of the alley shall be extended and maintained by the owner of each parcel of property abutting on the alley without special order or notice therefore, one-half (½) of the distance across such alley at a grade not higher than the sidewalk as may be fixed and determined by the director of public works.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-193. - Procedure when improvement consists of repairs.

(a)

When the city council shall be of the opinion that any sidewalk or curbing is in need of repairs, the repairs may be ordered and notice given to owners all in the same manner and with like purpose and effect as provided for original construction of the sidewalks or curbing. It shall be the duty of the owners of the property to construct the repairs, or cause the repairs to be constructed so as to lay, construct and restore the sidewalk or curbing to good, safe and sound condition conforming to city specifications.

(b)

Whenever the city council finds that any old sidewalk or curbing is so broken or disintegrated as to require construction of a new sidewalk, either wholly or in part, the council may order even though such old broken or disintegrated sidewalk or curbing may then exist along such premises.

(c)

Each order of the city council shall be made pursuant to a report of the director of public works, when made by ordinance shall have the full force of condemnation were expressed in such ordinance.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-194. - Procedure for improvement.

All sidewalk, curbing and guttering work constructed or contracted for by the city, independently of and apart from any paving contract, shall be conducted, and proceedings and assessments therefore made and had substantially as provided by state law. The cost of the construction or repair of sidewalks and curbing when so constructed or contracted for and not included with paving work shall be payable in two (2) equal installments, the first payable thirty (30) days after the date of the certificate of the director of public works provided within the division evidencing the completion of the improvements and acceptance thereof by the city, and the second payable one (1) year after such date. The construction or repair of such sidewalk and curbing on any number of streets and for any number of separate parcels of property where situated, and through originally ordered at different dates, may be included in the same proceedings and contracts, and the improvement so ordered for each parcel of property and the street or public place upon which such property abuts shall be deemed to be separate and distinct improvements, neither affected by any other such improvement included in the same proceedings or contract. Except as stipulated within this division all pertinent provisions of state law shall apply to the construction or repair of sidewalk and curbing, and the assessments to be levied on account of the cost of such work.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-195. - Notice to owner.

Upon passage of any ordinance ordering the laying and construction of any sidewalk, curbing or repairs, the director of public works shall issue a written notice addressed to each owner of such property, which notice shall be sent by certified mail, return receipt requested, and shall include the substance of such ordinance.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-196. - Substituted service.

If an owner of property is not found or is unknown or is a nonresident, it shall be sufficient service of the notice required above (notice to owner) to public the same three (3) consecutive times in any newspaper of general circulation published in the city in the English language, or it shall be sufficient service of the notice on any owner of any property to deliver the notice to the agent, if any, collecting rentals on the property, or to any owner of any such parcel of property, and it shall also be sufficient service of the notice, if the city shall forward the notice to the owner by certified or by registered United States mail, provided the receipt of the owner for the letter forwarded is received and filed by the director as evidence of service.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-197. - When work is to commence.

Work on the construction of each sidewalk, curbing or repair ordered as provided above shall be commenced within the period of time as specified by ordinance, and the work shall thereafter be prosecuted to completion within the time thus slated.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-198. - Failure to commence work.

If any person owning any property, or any portion or share in the fee title thereof, after the passage of any ordinance requiring improvements under this article and the service of any required notice, shall fail or refuse to commence the construction of such repairs, or to cause such work to be commenced within the period specified by ordinance, or if the person shall allow the work to be discontinued before completion other than by written consent of the director, the person shall be adjudged guilty of a misdemeanor.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-199. - Periodic inspections to assure compliance; complaints for non-compliance.

Upon the expiration of the period of time specified by an ordinance requiring improvements to be made under this article, the director of public works shall inspect or have inspection made of the premises on which the work was ordered to be constructed and shall cause a complaint to be filed in the municipal court against each person who, after the order and notice, has failed or refused to begin or to continue the improvements, or to cause such improvements to be begun and continued. The inspection and complaint shall be made at least one each month until the work shall be commenced and prosecuted with diligence.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-200. - Liability of owner for cost of work; lien.

Whenever the city shall, after issuing the order and notice required by this article, construct, or contract for, or whenever any owner of any property shall enter into a lawful contract in writing for the construction or repair of any sidewalk or curbing, independently of and apart from any paving contract or other proceedings for the assessment of the cost of the work against such property and the owner thereof, the cost of such work, in accordance with the city Charter, shall nevertheless be a personal liability against the owner as well as a first and prior lien and charge against such abutting property, and such cost shall be paid by the owner of the city, or to the contractor constructing and completing the work, as herein provided, or as may be provided by the terms of any such contract made and entered into by and between the owner of the property and the contractor.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-201. - Work to be supervised and approved by director of public works.

Every owner and contractor, and each agent, servant or employee of a contractor employed on work coming the terms of this article shall cause the work to conform strictly to the city specifications and requirements. work in the streets shall always be subject to the further supervision and approval or rejection by the director of public works, acting personally or by one of his assistants. If the work is not constructed in strict conformity with the specifications and the lines and grades for such work, the director of public works shall condemn the work, and it shall be promptly removed by the person or contractor who constructed it and without further notice be reconstructed as originally ordered and authorized, until the work shall comply with all such requirements.

(Ord. No. 93319, § 1, 1-25-01)

Sec. 29-202. - Certificate of approval.

When work is fully completed pursuant to this article, the director of public works shall, if requested by the contractor or any owner of any such parcel of property, inspect the work and if it be approved, furnish to such applicant a written certificate showing the completion of the work and the acceptance thereof by the city, for which inspection and final certificate, the applicant, shall, upon application therefore, pay a fee of two dollars ($2.00) to the director of public works, for which fee he shall account to the city. Any owner of such property may refuse to make payment on account of the work until the director has certified to the completion and acceptance of such work.

(Ord. No. 93319, § 1, 1-25-01)