§ 14-301-106 - Sidewalks, curbing, and guttering in cities of the first class -- Exceptions.
14-301-106. Sidewalks, curbing, and guttering in cities of the first class -- Exceptions.
(a) In order to better provide for the public welfare, safety, comfort, and convenience of the inhabitants of cities of the first class, the council of any city of the first class, by ordinance, resolution, or order, shall have the power to:
(1) Compel the owners of any property abutting its streets or public squares to build, rebuild, maintain, and repair foot pavements or sidewalk improvements, curbing, and guttering there along and to designate the kind of sidewalk, curbing, and guttering improvements to be made, the kind of material to be used, the specifications to be followed, and the time within which such improvement is required to be completed; and
(2) Provide that:
(A) If the owner of the property shall fail or refuse to comply with the provisions thereof, in the manner and within the time therein prescribed, the cities may contract with some suitable person for the construction, reconstruction, or repair of the sidewalk, curbing, or guttering, on the best terms that can be made and in the manner to be prescribed in the ordinance, resolution, or order after giving reasonable notice to the owner or agent in charge of the property of an intention to do so; and
(B) The cities may pay that person for so constructing, reconstructing, or repairing the sidewalk, curbing, or guttering and to provide that the amount so paid by the cities, together with a six percent (6%) penalty added thereto, shall constitute a charge against the owner of the property and shall be a lien on the property from the date of the commencement of the work, the charge and lien to be assignable by the city, the charge to be recovered in an ordinary suit against the owner by the city or its assignee, or the lien to be foreclosed by the city or its assignee by suit in equity in the courts having jurisdiction of suits for the enforcement of liens upon real property, for the condemnation and sale of the property for the payment of the sums so paid by the city, together with the interest, penalty, and cost of suit, the suit in equity to be brought in the manner and under the terms now provided by law for the foreclosure of property by improvement districts, so far as applicable.
(b) Nothing contained in this section shall be construed as repealing 14-54-104 or as preventing cities of the first class from proceeding in any other manner provided by existing laws.