Chapter 7.23


7.23.010    Definitions.

7.23.020    Property owner’s responsibility.

7.23.030    Liability and expense.

7.23.040    Report by city engineer.

7.23.050    Resolution – Notice.

7.23.060    Information required.

7.23.070    Serving notice.

7.23.080    Noncompliance – Apportionment of cost.

7.23.090    Hearing.

7.23.100    Assessment deemed lien.

7.23.110    Effect of chapter.

7.23.010 Definitions.

Unless the context clearly indicates otherwise, the words used in this chapter shall have the meaning given in this section.

“Abutting property” includes all property having a frontage upon the margin of any street or other public place.

“Sidewalk” includes any structure or form of street improvement in the space between the street margin and the roadway known as the sidewalk area. (Ord. 1901 § 1, 1966)

7.23.020 Property owner’s responsibility.

It shall be the responsibility of the owner of property abutting upon a public sidewalk to maintain said sidewalk at all times in a safe condition free of any and all obstructions or defects including, but not limited to, ice and snow. (Ord. 1901 § 2, 1966)

7.23.030 Liability and expense.

The burden and expense of constructing, maintaining and repairing sidewalks along the side of any street or other public place shall devolve upon and be borne by the property directly abutting thereon. In case any injury or damage to any person shall be caused by the defective condition of any sidewalk or by ice or snow thereon or by the lack of proper guards or railings on or along the property abutting on any public way, the abutting property where the injury or damage occurs, and the owner or owners thereof, shall be liable to the city for all damage, injuries, costs and disbursements which it may be required to pay to the person injured or damaged. (Ord. 1901 § 3, 1966)

7.23.040 Report by city engineer.

If in the judgment of the city engineer public convenience or safety requires that a sidewalk be constructed or repaired along either side of any street he shall report the fact to the city commission in writing immediately. (Ord. 1901 § 4, 1966)

7.23.050 Resolution – Notice.

If upon receiving a report from the city engineer the city commission deems the construction of the proposed sidewalk or repair of such sidewalk necessary or convenient for the public it shall by an appropriate resolution order such construction or repair 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 to be constructed or repaired requiring him to construct or repair the sidewalk in accordance with the resolution. (Ord. 1901 § 5, 1966)

7.23.060 Information required.

The resolution and notice and order to construct or repair 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 or repaired;

(2) Specify the kind of sidewalk required, its size and dimensions, the method and material to be used in the construction or repair;

(3) Contain an estimate of the cost thereof; and

(4) State that unless the sidewalk is constructed or repaired in compliance with the notice and within a reasonable time therein specified, the city will construct or repair the sidewalk and assess the cost and expenses thereof against the abutting property described in the notice. (Ord. 1901 § 6, 1966)

7.23.070 Serving notice.

The notice shall be served:

(1) 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

(2) 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

(3) 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

(4) 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 the city. Such notice shall specify a reasonable time within which the sidewalk shall be constructed or repaired which, in the case of publication of the notice, shall be not less than 60 days from the date of first publication of such notice. (Ord. 1901 § 7, 1966)

7.23.080 Noncompliance – Apportionment of cost.

If the notice and order to construct or repair a sidewalk is not complied with within the time therein specified, the city engineer shall proceed to construct or repair said sidewalk forthwith and shall report to the city commission 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 the improvement to be assessed against each parcel of such land. (Ord. 1901 § 8, 1966)

7.23.090 Hearing.

Thereupon the city commission shall set a date for hearing any protests against the proposed assessment roll and shall cause a notice of the 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 commission by ordinance shall assess the cost of construction or repairing the sidewalk against the abutting property in accordance with the benefits thereof. (Ord. 1901 § 9, 1966)

7.23.100 Assessment deemed lien.

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. 1901 § 10, 1966)

7.23.110 Effect of chapter.

This chapter shall not be construed as repealing or amending any provision relating to the improvement of streets or public ways by special assessments commonly known as local improvement laws, but shall be considered as additional legislation and ancillary thereto. (Ord. 1901 § 11, 1966)