§ 4-15. Owners to repair defective sidewalks, driveways or appurtenances.

(a)

Notice to repair defective sidewalks, driveways or appurtenances. Whenever a sidewalk, driveway or appurtenance thereto becomes defective, unsafe and hazardous, it shall constitute a menace to the health, safety and general welfare of occupants or of the public and shall be declared to be a public nuisance. When it shall come to the notice of either the chief building official or city engineer or their designated representatives that such public nuisance does exist, either the chief building official, the city engineer or their designated representatives may order the owner of the abutting property to reconstruct or repair the sidewalk, driveway or appurtenance thereto. Such order shall be given in writing to the owner or his authorized representative stating the defects and violations which exist and that such work to remedy such defects and violations shall commence within ten days and be completed within 30 days from the date of such notice unless otherwise stipulated by the chief building official or city engineer. The notice shall be sent to the owner by delivering such notice in person or sending such notice by registered or certified mail, five-day return receipt requested.

In the case the owner or his agent shall fail, neglect or refuse to comply with the notice or to appeal the order within ten days, the chief building official or city engineer may file a compliant with the municipal court charging the owner with violating this section and guilty of a misdemeanor.

(b)

Appeals. The owner of any abutting property to a defective, unsafe and hazardous sidewalk, driveway or appurtenance thereto deemed a public nuisance, may appeal from the decision of the chief building official or city engineer by giving notice thereof within 15 days from the date of such notice ordering such nuisance abated. Such appeal shall be made by addressing a letter to the city manager, and upon receipt of such appeal, the city manager shall forward the appeal for a hearing before the construction board of adjustments and appeals. Upon the perfection of such appeal, the construction board of adjustments and appeals shall set a date for a hearing before it, and such appeal shall be by trial de novo. Pending appeal, such orders of the chief building official or city engineer shall be suspended until a ruling is made by the board to either affirm, rescind or modify such orders.

(c)

Special procedures for emergencies. When it shall appear that any such sidewalk, driveway or appurtenance thereto constitutes an immediate and serious danger to life or property, the chief building official or city engineer may, with the consent and approval of the city manager, order that immediate action be taken to remedy the condition within 24 hours. When emergency measures are ordered to be taken, notice of such order shall be given personally to the owner where such notification can be accomplished without increasing the danger to life or property. In the event that such notification would create such delay as would materially increase the danger to life or property, then such notice need not be given.

(d)

When city may abate nuisance. In the event that notification is unnecessary or in the event notice is given and the owner or his agent shall refuse or fail to carry out the orders of the chief building official or city engineer, or shall fail to carry out such order satisfactorily, then in either such event, the chief building official or city engineer, upon approval of the city manager, may proceed to carry out such orders, either by private contract or force account, and the cost thus incurred shall constitute a valid lien against the property on which such work was done.

Whenever the city shall have performed any work or paid any necessary expenses in connection with any work done under this section, whether the same be emergency measures or under normal procedures, it shall be the duty of the city manager to immediately prepare and deliver or mail to the owner of such property where the nuisance condition existed, an itemized statement in the form of an affidavit, duly sworn to, of all such work performed and all costs and expenses incurred and paid by the city in connection therewith. Such affidavit shall also state that such costs shall be paid within 30 days from the date of such affidavit. Should the owner fail or refuse to pay the amount due within 30 days, the affidavit containing the information as set out hereinabove, signed by the city manager, shall be filed with the county clerk of Kaufman County. Such statement, when filed, shall constitute a lien upon the property on which the expense was incurred, second only to tax liens and liens for street improvements, and the amount remaining unpaid on said statement shall accrue interest at the rate of ten percent per annum.

(Ord. No. 1429, 12-17-85; Ord. No. 1529, 4-5-88)