If the owner of a parcel of land described in Section 740.101 fails to construct a sidewalk, curb or gutter as required, the Director of Public
Works, upon having received a petition from property owners in accordance with Sections 740.104 and 740.105, may have a sidewalk, curb or gutter constructed along and in front of the parcel.
If the owner of a parcel of land described in Section 740.101 fails to repair or maintain a sidewalk, curb or gutter as required, the Director,
upon finding that the failure to repair or maintain creates a hazard to public health
or safety, may have the unmaintained sidewalk, curb or gutter repaired or built not
less than 45 days after having mailed or delivered a notice of intent to repair to
the owner of each parcel of land along and in front of which the sidewalk, curb, or
gutter lies. The notice of intent to repair shall advise that each owner has 45 days
to repair or complete reasonable maintenance to the sidewalk, curb or gutter along
and in front of the owner's parcel of land, failing which repairs or maintenance will
be caused by the Director, cost of repairs or maintenance if they are caused by the
Director, and that a person owning an interest in the parcel of land has the right
to present to the appropriate Municipal Code Enforcement Board, within 45 days, a
sworn petition stating his interest in the land and alleging that, in the opinion
of the petitioner, no hazard to public health or safety by reason of maintenance failure
by the owner exists. Upon presentation of a petition, the Director shall suspend the
proposed repairs and the Municipal Code Enforcement Board shall conduct an inquiry
into the contents of the notice of intent and the allegations of the petition. The
Municipal Code Enforcement Board shall prohibit the proposed repairs if the hazard
is found to be nonexistent and authorize the repairs if the hazard is found to exist.
Subject to section 740.101(d) hereof, the cost of construction, maintenance or repair, including administrative
cost, with interest thereon at the rate of six percent per annum from the date of
completion of the work shall be assessed against and shall be a lien superior to all
other liens (except only liens for ad valorem taxes) upon the lot along and in front
of which the sidewalk, curb or gutter was constructed, maintained or repaired; provided,
that, when the hazard to public health or safety has been created or caused by some
agency, force or thing under the control of the City or located on public property
adjacent to the hazard, the cost of the repair shall be borne by the City and shall
not be assessed against nor be a lien upon the lot along or in front of which the
sidewalk, curb or gutter was repaired.
(Ord. 69-725-511, § 3; Ord. 70-650-526; Ord. 71-397-181; Ord. 73-1105-829, § 1; Ord.
74-450-283, § 1; Ord. 74-885-396, §§ 1—3; Ord. 83-591-400, § 1; Ord. 2003-742-E, §
1)
Note—
Former § 602.102.
