Chapter 12.04
SIDEWALK CONSTRUCTION
Sections:
12.04.010 Notice to construct—Expense devolved upon abutting property.
12.04.030 Notice—Service—Publication when—Time limitation.
12.04.040 Assessment roll—Protest hearing.
12.04.050 Collection of assessments—Rate.
12.04.060 Abutting property described—Deemed chargeable.
12.04.070 Construction of provisions.
12.04.010 Notice to construct—Expense devolved upon abutting property.
When the town council deems the construction of a sidewalk along the side of any street or other public place necessary or convenient for the public it shall by resolution order such sidewalk constructed and shall cause notice in writing thereof to be served upon the owner or reputed owner of each lot, block or parcel of land immediately abutting upon that portion and side of such street or public place, requiring such owners to construct such sidewalk in accordance with such resolution, and the cost of all sidewalks constructed under this chapter shall devolve upon and be borne by the property directly abutting thereon. (Ord. 53 § 1, 1915)
12.04.020 Notice—Contents.
Such resolution and notice pursuant to Section 12.04.010 shall describe each lot, block or parcel of land immediately abutting upon that portion of the street or other public place where such sidewalk is ordered to be constructed and shall specify the kind of a sidewalk required, the size and dimensions of the same, the method and the material to be used in construction, and shall contain an estimate of the cost thereof, and the notice shall state that unless the sidewalk is constructed in compliance with the notice and within a reasonable time therein specified such sidewalk shall be constructed by the town and the cost and expense thereof assessed against the property abutting thereon and described in such notice. (Ord. 53 § 2, 1915)
12.04.030 Notice—Service—Publication when—Time limitation.
The notice provided for in Section 12.04.020 shall be deemed served if delivered to the owner or reputed owner of each lot, tract or parcel of land affected, or to the authorized agent of such owner, or if a copy thereof is left at the usual place of abode of such owner in the town with a person of suitable age and discretion residing therein, or in case such person is a nonresident of the town and his place of residence is known, a copy of such notice shall be mailed to such owner addressed to his last known place of residence, or it case the place of residence of such owner is unknown or if the owner of any lot, block or parcel of land affected is unknown, then such notice shall be served by publication in two weekly issues of the official town newspaper, in which event the time allowed the owner for the construction of such sidewalk shall not be less than sixty days from the date of the first publication of such notice. (Ord. 53 § 3, 1915)
12.04.040 Assessment roll—Protest hearing.
In case the notice provided for in Section 12.04.030 shall not be complied with within the time therein specified the streets and alleys committee of the council shall proceed with the construction of such sidewalk by the town and shall report to the town council at its next regular meeting thereafter or as soon thereafter as is practicable an assessment roll showing each lot, block or parcel of land immediately abutting on such sidewalk as constructed by the town the name of the owner thereof if known, and shall apportion the cost of such improvement to be assessed against each such lot, block or parcel of land, and the council shall thereupon set a date for hearing any protests against such proposed assessment roll and shall cause a notice of the time and place of the hearing to be published for two consecutive weeks in the official town newspaper, the date of such hearing to be not less than thirty days from the date of the first publication of such notice. (Ord. 53 § 4, 1915)
12.04.050 Collection of assessments—Rate.
The town council shall at such hearing pursuant to Section 12.04.050 or at any adjournment thereof by ordinance assess the cost of constructing such sidewalk against the property immediately abutting thereon in accordance with the benefits thereto and such assessments shall become a lien upon the respective lots, blocks or parcels of land from the time of making such improvement and shall be collected in the manner provided by law and by Ordinance 46 codified at Chapter 3.20 of the town for the collection of local improvement assessments and shall bear interest at the rate of six percent per year from the date of the approval of such assessment thereon. (Ord. 53 § 5, 1915)
12.04.060 Abutting property described—Deemed chargeable.
For the purpose of this chapter all property having a frontage on the side or margin of any street or other public place shall be deemed abutting property and such property shall be chargeable with all costs of construction on any form of sidewalk improvement. (Ord. 53 § 6, 1915)
12.04.070 Construction of provisions.
The ordinance codified in this chapter shall not be construed as repealing or amending Ordinance 46 codified at Chapter 3.20 relating to the improvement of streets or other public places by special assessments, but shall be construed as additional and auxiliary thereto and the town council may at the time of initiating any such improvement proceed pursuant to whichever ordinance under which it deems most advisable to construct such improvement. (Ord. 53 § 7, 1915)