Sec. 22-23.  Duty of owner to repair; construction or repair by order of city; right of city to do work.

 

(a) The owner of each lot, tract or parcel of land adjacent to which a sidewalk is constructed, or which may hereafter be required to be constructed, is hereby required to keep such sidewalk in good repair and safe condition.  All sidewalks shall be free of cracks, grass or other trip hazards.

 

(b) In addition to the provisions set forth in (a) above, an owner of a lot, tract or parcel of land, upon written notice from the department of public works with the approval of the city council, shall construct or repair a sidewalk or sidewalks adjacent to such lot, tract or parcel, or repair the sidewalk or sidewalks adjacent to such lot, tract or parcel of land. All such sidewalks shall be constructed or repaired within thirty (30) days after the service of said written notice upon the owner; provided that if the owner does not reside within the city, the notice shall be served upon the owner's agent or upon the occupant or tenant of said lot, tract or parcel of land.

 

(c) If the owner, agent, occupant or tenant of such lot, tract or parcel of land shall fail to construct or repair such sidewalks within the thirty-day period after notice shall have been served upon him, her or it, it shall be the duty of the department of public works to have the sidewalk or sidewalks constructed or repaired and all expenses incurred in the construction or repair of said sidewalk or sidewalks shall be specifically assessed against the lot, tract or parcel of land adjacent thereto and collected in the manner provided by law for special assessments. The city shall charge a price per square foot or lineal foot as set forth in Section 2-5 of this Code which shall be charged for the construction or repair of sidewalks; or, the city may have the department of public works keep accurate records of the costs of construction or repair and submit said cost records to the city council for the purpose of specially assessing said costs against such lot, tract or parcel or land as provided herein.

 

Source:  Code 1962, 9-1-7, 9-1-8, 9-1-11; Ord. No. 3680, 1, 10-2-89; Ord. No. 4892, 2, 7-3-06; Ord. No. 5135, 13, 9-7-10

State law reference--Sidewalk assessments, R.R.S. 1943, 16-661 et seq.