[Adopted 10-18-1926 by Ord. No. 5-1926 (Ch. 100, Art. II, of the 1974 Code)]
The sidewalks of all highways now or hereafter
dedicated to public use, situate within the corporate limits of the
City of Northfield, shall be graded, curbed, paved and repaired and
made to conform to the requirements of the ordinances of the City
of Northfield and this article by the respective owners of the lots
of land fronting or bounding upon such highways.
[Amended 4-24-2012 by Ord. No. 3-2012]
The City Engineer shall prepare and present
to the Council for its approval detailed specifications for the grading,
paving, curbing and repairing of sidewalks in the City of Northfield,
which specifications, when approved and adopted by Council, shall
be and are hereby made the standard specifications for the grading,
paving, curbing and repairing of sidewalks in the City of Northfield
and shall so continue until amended or changed by the Council.
[Amended 4-24-2012 by Ord. No. 3-2012]
In case of the neglect or refusal of any such
owner, after notice as provided by this article, to so grade, curb,
pave and repair the sidewalk of the public highway in front of or
adjoining his or her lot or lots of land, such sidewalk shall be graded,
curbed, paved and repaired, so as to conform to the requirements of
the ordinances of the City of Northfield and this article, by the
City of Northfield, under the direction and supervision of the City
Engineer.
[Amended 4-24-2012 by Ord. No. 3-2012]
It shall be the duty of the City Engineer to
prepare and present to Council, as soon as convenient after the passage
of this article, a specification describing in detail the several
kinds of materials and classes of work, with an approximate estimate
of quantities of each kind of material and each class of work which
will be required for the grading, paving, curbing and repairing of
sidewalks, and thereafter to present a like specification and estimate
of the materials to be furnished and work to be done during each calendar
year, which said specifications shall be presented to and be approved
by resolution of the Council in each case.
Upon the approval of said specifications by
the Council as aforesaid, it shall be the duty of the City Clerk to
forthwith advertise, in the manner required by law, for bids for the
furnishing of such materials and the performance of such labor as
shall be required by the City for the grading, curbing, paving and
repairing of sidewalks for the calendar year for which such specifications
have been presented and approved.
In the event that any sidewalk is not graded,
curbed, paved or repaired in accordance with the provisions of this
article, the City Engineer shall cause a notice to be served upon
the owners or trustees of the lot in front of which said sidewalk
is located, which notice shall contain a description of the property
affected, sufficiently definite in terms to identify the same, as
well as a description of the required improvement, and notice that
unless the improvement shall be completed within 30 days after the
service thereof, it is the intention of the City of Northfield to
make the same or cause it to be done, which notice may be served upon
the owner or owners or trustee or trustees resident in the City of
Northfield in person or by leaving the same at their usual place of
residence with a member of their family above the age of 14 years;
in case any such owner or owners or trustee or trustees do not reside
in the City of Northfield, such notice may be served upon him personally
or mailed to his last known post office address, or it may be served
upon the occupant of the property or upon the agent of the owner in
charge thereof; in case the owner of any such property is unknown
or service cannot for any reason be made as hereinabove directed,
notice thereof shall be published at least once, not less than 30
days before the making of such improvement, in a newspaper circulating
in the City of Northfield; proof of service of such notices shall
be filed with the Tax Collector within 10 days thereafter.
In case the owner or trustee of any lot shall refuse or fail to comply with the notice prescribed in § 330-6 hereof within the time specified, the City Engineer shall cause such sidewalk to be improved or repaired, and for that purpose shall prepare an order upon the contractor for the time being for sidewalk construction and repairs, specifying the materials to be furnished and the work to be done, in conformity with this article and the specifications, using in his discretion such old materials as he may deem suitable and in conformity with the requirements of said specifications and this article; which such order shall be prepared in triplicate, one copy thereof to be filed in the office of the City Engineer, one copy to be filed in the office of the City Clerk and the remaining copy to be delivered to the contractor, which shall constitute his warrant and authority for doing the work.
When any sidewalks shall be improved or repaired,
a true and accurate account of the cost and expense thereof shall
be kept and apportioned among the several properties improved, in
proportion to the frontage of their respective lands, and a true statement
of such cost, under oath or affirmation, shall be forthwith filed
by the City Engineer in charge of such improvements with the City
Clerk; the same shall be presented to the Council, which body, after
giving the notice thereof required by law, shall examine and consider
the same, and if the same is properly made, shall confirm the same
and the assessments therein made and file the report with the Tax
Collector, who shall record the sidewalk assessments in the same book
as other assessments. Such assessments shall, from the date of confirmation
thereof, become due and payable and shall be and remain a first lien
upon the lots upon which they are filed until paid, and shall bear
interest at the rate of 6% per annum from and after the expiration
of 30 days after and from the date of confirmation, and if said assessments
are not paid within three years after the date of confirmation, then
the land shall be sold as by law directed. It shall be the duty of
the Tax Collector forthwith to cause a notice of the assessment and
the amount thereof to be given to each person assessed, either personally
or by mail, by letter postpaid, directed to the person assessed at
his or her last known post office address.
The cost of such construction or repair of sidewalks
shall be paid in the first instance from money particularly appropriated
for sidewalks or from the proceeds of curbing and paving temporary
notes or bonds issued to provide moneys for the purpose of such construction
and repairs, upon the certificate of the City Engineer, provided said
curbing and paving temporary notes or bonds shall be retired and paid
from the moneys collected from the assessments.
