7.155 Sidewalks – Construction – Initiation and Notice.
(1) Except when specific reference is made thereto, the procedures in sections 7.155 to 7.157 are in addition to and separate from the procedures in sections 7.160 to 7.180.
(2) Upon motion of the council or upon a determination by the city engineer that the public health, safety and welfare require the construction of sidewalks in a particular location, or that 50 percent or more of the front footage of the properties abutting one side of a street in a city block have installed sidewalks, the city engineer may cause ten days prior written notice to be mailed to the owners of affected property containing the information required in subsection 7.155(3).
(3) The notice required by this section shall:
(a) Identify if the council or city engineer determined the need for the proposed sidewalk;
(b) Describe the location of the sidewalk and the property to be assessed for the installation of the sidewalk if the owner fails to construct the sidewalk as ordered;
(c) Specify that all sidewalk construction shall meet city plans and specifications;
(d) Specify the time and place where the council or its designee shall take oral or written testimony regarding the proposed sidewalk construction;
(e) State that after the testimony is received the council shall determine if the proposed sidewalk shall be constructed, shall be modified and constructed, or shall be postponed;
(f) Advise the owners of affected property that if a sidewalk is ordered to be constructed, the property owner will have 20 days in which to obtain a permit under sections 7.290 to 7.308 and if the sidewalk is not constructed within 20 days from the issuance of the permit, the city will cause the work to be done and the cost of the work including but not limited to the cost of construction, inspection, supervision, interest on warrants, collection and overhead will be assessed against the property creating a lien which may be foreclosed.
(4) The city engineer shall initiate the construction of sidewalks along streets where standard sidewalks do not exist within or immediately adjacent to lots which have been subdivided or partitioned on or after January 1, 1994. Notice as provided for in this section shall be given on or after the date five years following the approval date of the subdivision or partition. The city engineer may give notice prior to this time if over 70 percent of the lots within the subdivision or partition are developed and, if, upon the determination of the city engineer, the remaining undeveloped lots will not likely be developed within a reasonable time. The city manager or designee may waive the requirement for sidewalk construction as provided in subsection 7.385(3) of this code.