CHAPTER XIII. STREETS AND SIDEWALKSCHAPTER XIII. STREETS AND SIDEWALKS\ARTICLE 1. SIDEWALK CONSTRUCTION

ARTICLE 1. SIDEWALK CONSTRUCTION

It shall be the duty of the utilities supervisor to bring all sidewalks ordered in by the mayor and city council to grade at the expense of the city.

(Code 1976, 14-101; Ord. 768; Code 2015)

All sidewalks constructed or reconstructed in the city shall be constructed on the established grade on file in the city clerk’s office.

(Code 1976, 14-102; Code 2015)

All sidewalks constructed in the city shall be constructed according to the specifications adopted by the mayor and city council, such specifications shall be on file in the city clerk’s office.

(Code 1976, 14-103; Code 2015)

All sidewalks ordered constructed, reconstructed or repaired by the mayor and council for the city shall be constructed under the supervision of the utilities supervisor; provided, that no order for the construction, reconstruction or repair of sidewalks in the city ordered by the mayor and councilmen shall be deemed complied with unless the sidewalk is built according to specifications or methods with the approval of the mayor and councilmen or their authorized agent.

(Code 1976, 14-104; Ord. 768; Code 2015)

The mayor and city council are authorized to order by resolution any cross and to order any sidewalk reconstructed or repaired when in their judgment the same is necessary: provided, that the mayor and city council shall order in a new sidewalk when in their judgment the same is necessary upon the receipt of a petition signed by at least ten (10) citizens owning real estate in a precinct or ward of the city praying for the construction of a sidewalk or sidewalks in such precinct or ward. Any such petition shall be filed with the city clerk. It shall be the duty of the city clerk to serve a written or printed notice or cause such to be served on the owner, firm, corporation or authorized agent of the property in front of which new sidewalks have been ordered, constructed, or sidewalks have been ordered reconstructed or repaired, notifying him or her or them of the resolution of the mayor and city council directing him, her or them to construct, reconstruct or repair the sidewalk. The resolution of the mayor and city council shall provide abutting property owner with notice not less than thirty (30) days nor walk at his or her own expense. Such resolution shall be published once in the official city paper, or if none, then in a paper of general circulation in the city. If the sidewalk is not constructed by the property owner within the time specified, the mayor and city council shall cause the work to be done by contract. When the city shall contract for the repair of a sidewalk or sidewalks the city shall by ordinance levy a special assessment against the lot or piece of land abutting on the sidewalk so repaired for the cost of repairs, and if the abutting property owner does not pay the assessment within thirty days, upon the city clerk mailing to the owner or his or her agent, if known, a printed or written notice of the amount of such repairs, the full amount shall be certified by the city clerk to the county clerk to be put on the tax rolls for collection like other taxes.

When a sidewalk or sidewalks has or have been constructed or reconstructed and where special assessments must be levied for the expense thereof, the mayor and city council shall, as soon as the cost is ascertained, levy an assessment against the lot or piece of land chargeable therefor, by ordinance, and the property owner shall have thirty (30) days after the publication of the ordinance within which to make full payment of the assessment. The city clerk shall mail a notice not less than fifteen days prior to the end of the thirty days to the owner of the property as shown on the records of the office of the register of deeds, but failure of the owner to receive the notice shall not affect the validity of the assessment. Any suit challenging the validity of the proceedings or the amount of the assessment must be filed within thirty (30) days after the publication of the assessment ordinance.

(Code 1976, 14-105; Code 2015)

Whenever the utilities supervisor is unable to build any or all sidewalks which it becomes his duty to build, the same shall be contracted for by the city to the lowest responsible bidder: provided that any person or firm who shall contact to build sidewalks for the city shall give good and sufficient surety bond that he or they will construct the sidewalk according to specifications and in a manner acceptable to the mayor and the councilmen or their authorized agent.

(Code 1976, 14-106; Ord. 768; Code 2015)