3.023 Notice of Sidewalk Repair.
(1) If the Public Works Director or designee determines that an existing sidewalk is in disrepair or presents an unsafe or hazardous condition for public use, the owner of the property abutting the sidewalk will have sixty (60) days after receiving written notice from the City of the unsafe or disrepair condition to obtain a permit and complete repair of the sidewalk. The notice shall also state that if the repair is not made by the property owner, the City may repair the sidewalk and the cost of the repair and any administrative fees will be assessed against the owner of the property abutting the sidewalk.
(2) The notice shall be mailed certified to the owner of the property, or owner’s agent, at the address last shown on the records of the Jackson County Tax Assessor. If delivery receipt of the notice is not verified, notice directing repair of the defective sidewalk shall be posted on property responsible for the sidewalk. The person posting the notice shall file with the City Recorder a certificate stating the date that the notice was posted.
(3) An error in the name or address of the owner or agent shall not make the mailed notice void.
(4) The notice shall contain the following information:
(a) A description of the property, by street address or otherwise, which abuts the sidewalk;
(b) That the City has determined the sidewalk is in disrepair or presents an unsafe or hazardous condition for public use;
(c) A description of the disrepair or safety hazard.
(d) That the owner must obtain a permit and complete repair of the sidewalk within sixty (60) days from date of the notice;
(e) That if the owner does not properly repair the sidewalk within sixty (60) days from the date of the notice, it may be repaired by the City;
(f) That costs to repair the sidewalk and associated administrative fees, if the work is performed by the City, will be assessed to the abutting property owner;
(g) That the owner may appeal the City’s determination that the sidewalk is defective by filing, within ten (10) days of receipt of the notice, a written request with the City recorder for a hearing before the City Council; and
(5) Failure of the City to take action under Sections 3.023 to 3.030 shall not relieve the property owner of liability under Section 3.010.
(6) The Public Works Director, or his designee, may grant a 90-day extension of time to complete the repairs if the basis for such an extension is provided by the responsible property owner in writing. One additional 90-day extension will be granted if extraordinary circumstances described below are determined by the Public Works Director to apply:
(a) The property owner of an owner occupied residential property is age 65 or older, or:
(b) The original notice of defective sidewalk was mailed between November 1 and March 1, or;
(c) The cost of sidewalk repairs for a single property exceeds $1,500.
(7) By adopting these sections, the City does not intend to undertake any obligation to inspect and repair sidewalks as such is the obligation of the abutting property owner.