§ 721-149. Notice to Repair.

Whenever the city manager shall find that any paved walk, driveway, or integral curbing should be constructed or that any sidewalk space (including paved walk, driveways, and the grass strip), integral curbing, or sidewalk encroachment is not in repair, not free from nuisance, or is not safe, the owner of the abutting property shall be notified, in writing, to have the necessary construction, reconstruction or repairs made; provided that, if as a part of a street improvement the city has to replace or repair the sidewalk or curbing at one time, the city may make the repair or replacement after notice to the owner of the abutting property.

Such notice shall be served on the owner or owners or the agent in charge of the property in the manner provided by law for the service of summons in civil actions, or by certified mail addressed to such owner or owners or agent at the last known address or at the address to which tax bills are sent, or by a combination of the foregoing methods. The return of the person serving the notice or a certified copy thereof, or a returned receipt for notice forwarded by certified mail accepted by the addressee or anyone purporting to act for the addressee shall be prima facie evidence of the service of notice under this section.

For the purpose of such service, any person charged with the collection of rents or the payment of taxes on the property or having general control of it in any way, shall be considered the agent of the owner.

(C.O. 701-89; a. Ord. No. 236-1962, eff. June 20, 1962; renumbered to C.M.C. 721-149, eff. Jan. 1, 1972; a. Ord. No. 372-1991, eff. Oct. 11, 1991; a. Ord. No. 351-1997, eff. Oct. 8, 1997; a. Ord. No. 406-1999, eff. Nov. 12, 1999)